(a) Except as provided in paragraph (b), any of the following grounds of disability, existing at the time when a cause of action accrued or arising anytime during the period of limitation, shall suspend the running of the period of limitation until the same is removed; provided that such period, except in the case of infancy, shall not be extended for more than five years, nor in any case for more than one year after the disability ceases:
(1) that the plaintiff is within the age of 18 years;
(2) the plaintiff's insanity;
(3) is an alien and the subject or citizen of a country at war with the United States;
(4) when the beginning of the action is stayed by injunction or by statutory prohibition.
If two or more disabilities shall coexist, the suspension shall continue until all are removed.
(b) In actions alleging malpractice, error, mistake, or failure to cure, whether based on contract or tort, against a health care provider, the ground of disability specified in paragraph (a), clause (1), suspends the period of limitation until the disability is removed. The suspension may not be extended for more than seven years, or for more than one year after the disability ceases.
For purposes of this paragraph, health care provider means a physician, surgeon, dentist, or other health care professional or hospital, including all persons or entities providing health care as defined in section 145.61, subdivisions 2 and 4, or a certified health care professional employed by or providing services as an independent contractor in a hospital.
(9202) RL s 4084; 1949 c 304 s 1; 1973 c 725 s 81; 1974 c 384 s 2; 1986 c 444; 1986 c 455 s 79; 1993 c 326 art 8 s 14
Structure Minnesota Statutes
Chapters 540 - 552 — Civil Procedure
Chapter 541 — Limitation Of Time, Commencing Actions
Section 541.01 — Application To State And Other States; Exceptions.
Section 541.02 — Recovery Of Real Estate, 15 Years.
Section 541.023 — Actions Affecting Title To Real Estate.
Section 541.024 — Limitation Of Actions Affecting Title To Or Possession Of Tax-forfeited Lands.
Section 541.03 — Foreclosure Of Real Estate Mortgage.
Section 541.04 — Judgments, Ten Years.
Section 541.05 — Various Cases, Six Years.
Section 541.052 — Limitation Of Actions For Damages Based On Errors In Land Surveys.
Section 541.053 — Limitation Of Actions Based On Consumer Debt.
Section 541.06 — Sheriffs, Coroners; Forfeitures, Three Years.
Section 541.07 — Two- Or Three-year Limitations.
Section 541.072 — Special Limitation.
Section 541.073 — Actions For Damages Due To Sexual Abuse; Special Provisions.
Section 541.074 — Civil Remedy In Racketeering Cases.
Section 541.075 — Remedies In Environmental Actions.
Section 541.076 — Health Care Provider Actions.
Section 541.08 — Local Improvement Certificates; Limitation; Lien Superseded.
Section 541.09 — Action To Be Commenced Within One Year.
Section 541.10 — Mutual Accounts.
Section 541.115 — Actions Relating To Maintenance Of Water Levels.
Section 541.13 — Absence From State.
Section 541.15 — Periods Of Disability Not Counted.
Section 541.16 — Period Between Death Of Party And Commencement Of Action.
Section 541.17 — New Promise Must Be In Writing.
Section 541.18 — New Action In Case Of Reversal.
Section 541.20 — Recovery Of Money Lost.
Section 541.21 — Commitments For Gambling Debt Void.
Section 541.22 — Limitation On Asbestos Claims.
Section 541.31 — Conflict Of Laws; Limitation Periods.
Section 541.32 — Rules Applicable To Computation Of Limitation Period.
Section 541.34 — Existing And Future Claims.
Section 541.35 — Uniformity Of Application And Construction.