Summary Judgment Granted Dismissing Wrongful Death Claim

Background

Plaintiff commenced a wrongful death action against our client, an intensive residential treatment service (“IRTS”) provider, after the decedent died of acute methamphetamine toxicity. Plaintiff alleged the IRTS provider was negligent and that the IRTS’s negligence caused decedent’s death. Plaintiff had three years from the date of decedent’s passing to commence suit and served the pleadings the day before the limitations period expired.

The district court was tasked with resolving two questions: (i) whether Plaintiff asserted a professional negligence claim, which would require Plaintiff to satisfy the expert-review procedures for commencing suit against a health care professional under Minnesota Statute § 145.682, and (ii) whether Plaintiff failed to serve the process required by Minn. Stat. § 145.682 before the three-year limitations period expired.

As to the first issue, Minn. Stat. § 145.682 requires a plaintiff asserting a claim against a health care professional to either serve an affidavit certifying the claim was reviewed by a qualified professional who is prepared to opine the IRTS provider was negligent and the IRTS providers’ negligence caused decedent’s death, or an affidavit certifying Plaintiff was unable to have an expert review the case before the three-year limitations period expired.  As to the second issue, Minn. Stat. § 145.682 requires that one of the two expert-review affidavits be served with the summons and complaint, and Minn. Stat. § 573.02 requires that wrongful death actions be commenced within three years.

Analysis

Goodman’s motion to dismiss required the district court to evaluate the claim assuming the allegations in the complaint were true. The district court concluded Plaintiff alleged negligence against a health care professional, triggering the expert-review requirements of Minn. Stat. § 145.682. As to the second issue, the district court observed the statutory requirements for commencing a wrongful death action are strictly enforced but Plaintiff failed to serve either of the affidavits that Minn. Stat. § 145.682 requires with the summons and complaint, or before the three-year limitations period expired. The district court determined the statutory requirements for properly commencing a wrongful death action against a health care professional were not satisfied, and dismissed the action for insufficient process.

In essence, the district court held that a plaintiff who fails to serve either of the affidavits that Minn. Stat. § 145.682 requires with the summons and complaint or, at the latest, before the limitations period expires has failed to serve the process required under state law, mandating dismissal of the action.