In Minnesota a lawsuit can be commenced by notifying the defendant. No immediate court filing is necessary. In Gams, the Minnesota Court of Appeals faced the question of whether the recent rule requiring the filing of a civil action within one year of commencement is absolute. Beginning July 1, 2014, the Minnesota Supreme Court, through […]
What is an “exceptional circumstance?”
How does an insurer know when to challenge an award of attorney fees in a Minnesota workers’ compensation action? The answer would usually involve looking to the appropriate statute, as workers’ compensation is a creature of the legislature. In the case of fees, however, it is often court interpretation of the statute that provides guidance. […]
Medical Malpractice Claims: Why not to represent yourself
By Nathaniel A. Dahl | The Minnesota Court of Appeals recently issued an unpublished decision affirming the dismissal of a pro se litigant’s medical malpractice action. Kolosky v. Dahl, No. 82-CV-11-3685 (Minn. Ct. App. Sep. 10, 2012) (unpublished). Pro semeans the plaintiff in this case represented himself without an attorney in a medical malpractice action against a […]
What is Medical Malpractice?
By Nathaniel A. Dahl | Although medical advancements allow people to live longer and healthier lives, medical malpractice continues to have devastating effects for patients. Not only does it affect patients, their friends and families suffer the consequences as well. Recent studies have shown that over 98,000 hospitalized patients die every year in the United States as […]