The 45-day safe-harbor provision in Minn. Stat. § 145.682, Subd. 6(c) does not allow plaintiffs to substitute a medical expert where the proffered expert is not qualified to testify at trial.

Elaine M. Wesely vs. A. David Flor, DDS, et al., ___ N.W.2d ___, No. A10-478 (Minn. App., Dec. 14, 2010)

Type of Case: Medical Malpractice

Lawyer(s): Barbara Zurek Melissa Dosick Riethof

Office(s): Minneapolis

Date: Dec 14 2010

In a medical-malpractice action, when the expert identified in an affidavit of expert disclosure under Minn. Stat. § 145.682, subd. 4 (2008) is not qualified to give an expert opinion and the defendant moves for dismissal under Minn. Stat. § 145.682, subd. 6(c) (2008), an affidavit that identifies a substitute expert witness is not an amended affidavit that corrects the deficiencies in the first affidavit. The Minnesota Court of Appeals affirmed the district court’s dismissal of the lawsuit.

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