MN affidavit of expert review

Minnesota case law summary by Attorney Richard Clem: MN affidavit of expert review.

Julie L. Pfeiffer, Trustee on behalf of the heirs and next of kin of Dale R. Pfeiffer, v. Allina Health System. MN affidavit of expert review

This medical malpractice case was filed in 2011, and the affidavit of expert reveiw required by Minn. Stat. 145.682was filed. The case was delayed, and had to be re-filed in 2013. The District Court, Ramsey County, held that the affidavit was insufficient, and that a later curative affidavit was untimely. The plaintiff then appealed to the Minnesota Court of Appeals. The appeals court held that on the facts of this case, the later affidavit was timely.

No. A13-1919 (Minn. Ct. App. July 21, 2014)

Please see the original opinion for the court's exact language.


Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).

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