• January 27, 2011

Minnesota Litigator has frequently noted the significant hurdle to medical malpractice claims under Minnesota law posed by its affidavit of expert review statutes (or for MDs and one for other professionals) and the affidavit has proved impassable for yet another medical malpractice plaintiff.

In Hanson vs. McNiff, et al., Dakota County Judge Kathryn D. Messerich held that expert affidavits offered as proof that an alleged delay in conducting a medical procedure was not sufficient for the medical malpractice claim to go forward though the consequences of the delay may have been devastating for the plaintiff’s quality of life due to nerve damage ultimately addressed through emergency surgery.  Had the surgery been hours earlier, the outcome allegedly could have been substantially different and preferable.

The Minnesota Court of Appeals (Larkin, Worke, and retired Court of Appeals Judge Doris O. Huspeni) affirmed Judge Messerich’s dismissal of plaintiff’s malpractice claim.

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