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In Firkus v. Harms, the Minnesota Court of Appeals recently held that Minn. Stat. Sec. 145.682, the expert review statute that governs medical malpractice cases, requires the Plaintiff to disclose experts no later than 210 days from commencement of the action. For many years, Minn. Stat. Sec. 145.682 required a Plaintiff to disclose experts within 180 days of commencement of the action. After the Supreme Court modified the Rules of Civil Procedure to require discovery conferences, in 2014 the legislature passed an amendment to Minn. Stat. Sec. 145.682 to ‘maintain the status quo’ by changing the statute to require a Plaintiff to disclose experts ‘within 180 days of commencement of discovery.’ The Court of Appeals held that the proper interpretation of the new version of 145.82 requires that experts must be disclosed no later than 210 days from commencement of the action. This would allow up to 30 days for the discovery conference plus an additional 180 days to disclose experts. Bassford Remele Attorneys Mark R. Whitmore and Amie E. Penny Sayler successfully prevailed at both the trial court and Court of Appeals.
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