2 Feb 2010

Affidavit of Expert Review Fatal to Med Mal Case (Yet Again)



Over the past year, Minnesota Litigator readers have been barraged with news of appellate decisions from the Minnesota Court of Appeals in which plaintiffs lose professional malpractice claims for failure to meet the requirements for affidavits of expert review (see here and here, for example).  Now see here.

One cannot do an “end around” the statutory deadline requirement by suing the medical care provider directly, after having sued the medical care facility and having blown past the deadline in that case.

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