Medical Malpractice

Middle River-Snake River Watershed Dist. v. Dennis Drewes, Inc., 692 N.W.2d 87 (Minn. App. 2005).
A party who, without good cause, fails to serve a necessary expert-identification affidavit within 180 days after initiation of a negligence claim against a professional cannot benefit from the statutory 60-day period available to cure postdemand deficiencies under Minn. Stat. § 544.42, subd. 6(c) (2004); Minn. Stat. § 544.42, subds. 2(2), 4, and Minn. Stat. § 544.42, subd. 6(c) (2004), read together, mandate dismissal of the claim.

Maudsley v. Pederson, 676 N.W.2d 8 (Minn. App. 2004).
Minn. Stat. § 145.682 (2002) encourages parties to bring motions to dismiss medical-malpractice actions early in the proceedings, either to eliminate frivolous lawsuits or to give plaintiffs an opportunity to cure any defects prior to trial. Thus, to challenge the sufficiency of a plaintiff’s expert affidavit, the defendant should file a timely motion to dismiss pursuant to Minn. Stat. § 145.682, subd. 6 (2002).

McDonough v. Allina Health Sys., 685 N.W.2d 688 (Minn. App. 2004).
The district court did not err in excluding expert testimony as not generally accepted in the applicable medical or scientific community when appellants did not demonstrate that physicians, neurologists, or scientists generally accept the theory that high infusion rates of immunoglobulin cause strokes.
The district court did not abuse its discretion in excluding the expert testimony as unreliable when the experts did not eliminate other potential causes of the stroke or otherwise demonstrate the reliability of their opinions that a high infusion rate of immunoglobulin caused a stroke.