How Long After Death Can You Sue a Hospital?
If someone you love has passed away due to what you believe was medical negligence, one of the first questions you might ask is: how long do I have to file a lawsuit? The legal system has strict timelines for when claims must be filed, and missing them can mean losing your chance for justice.
In Minnesota, wrongful death cases—especially those involving hospitals—come with specific rules and deadlines. Let’s walk through how these timelines work, what factors can affect them, and what to do if you think you might still have a case.
Understanding the Statute of Limitations
What it means
The statute of limitations is a law that sets the maximum amount of time after an event during which legal proceedings may be initiated. Once that time expires, the right to sue is usually lost.
The Minnesota timeline
In Minnesota, the statute of limitations for wrongful death lawsuits is typically three years from the date of death. However, there are exceptions—so don’t panic if you think you’re close to or past the deadline. A conversation with a lawyer can give you clarity.
Why this matters
If you try to file a lawsuit after the deadline has passed, the hospital (or their insurer) will almost certainly file a motion to dismiss. And unless your case fits an exception, the court will likely side with them.
Exceptions That Might Apply
Discovery rule
Minnesota’s courts may apply the “discovery rule” in certain cases. This rule says the clock doesn’t start ticking until the injury (or cause of death) is discovered, or reasonably should have been discovered.
For example, if a patient dies in surgery, and the family only learns months later through an autopsy that the cause of death was a surgical error, the clock might start from the date of discovery—not the date of death.
Minors or incapacitated individuals
If the wrongful death claim involves a child or someone who was legally incapacitated, the timeline may be paused, or “tolled,” giving extra time to file. However, the rules around this are narrow and technical, so it’s best to speak to a lawyer right away.
Fraud or concealment
If a hospital actively concealed its negligence—let’s say by falsifying records or omitting key details—the time limit to sue may be extended. You’ll need solid evidence of this kind of misconduct, but courts do allow more time in these rare cases.
Who Can File a Wrongful Death Claim?
Minnesota law requires that wrongful death claims be filed by a trustee on behalf of the surviving family members. This trustee is usually a close relative, such as a spouse, parent, or adult child, but must be formally appointed by the court before the lawsuit begins.
This process takes time, so it’s important not to wait until the last minute to start.
What If the Death Was Years Ago?
Is it too late?
If it’s been more than three years since the death, your window to file might have closed—but not always. As mentioned above, exceptions apply in certain circumstances, especially if you only recently discovered that medical malpractice may have been involved.
Even if you’re unsure whether you still have time, a Minneapolis medical malpractice lawyer can review your case and let you know what options are still on the table.
Gather information
If you suspect malpractice—even years later—gather all the medical records you can. Note who the doctors were, when the procedures or care happened, and why you believe something was mishandled. These details will help your attorney determine whether the statute of limitations has passed or not.
Why These Cases Take Time
Wrongful death lawsuits, particularly those involving hospitals, are among the most complex types of legal claims. Investigating medical negligence requires expert testimony, deep record analysis, and a clear understanding of hospital procedures.
That’s why it’s important to act early—even if you’re still grieving. The more time your lawyer has to build a strong case, the better.
What Compensation Can Be Pursued?
If you file within the allowed time, you may be eligible to pursue compensation for:
- Funeral and burial costs
- Medical expenses related to the negligent care
- Loss of companionship or guidance
- Lost income or benefits your loved one would have provided
- Pain and suffering endured before death
While no amount of money can undo the loss, compensation can ease the financial burden and offer a sense of closure.
How a Lawyer Can Help
Mark Perron and the team at Perron Law Office have helped many Minnesota families understand their legal rights after a tragic loss. Whether it’s navigating the timeline, reviewing medical records, or working with trusted experts, a skilled Minneapolis medical malpractice lawyer can guide you every step of the way.
Hospitals and insurers often try to intimidate grieving families into thinking they have no case or have missed their chance. Don’t let them make that call for you.
What to Do Next
If you’re even considering the idea that your loved one’s death might have involved negligence, the time to act is now. Here’s what you can do:
- Contact an attorney for a free consultation
- Gather any medical records, discharge papers, or bills related to the care
- Write down a timeline of events as best as you remember
- Let your lawyer help determine if the case can be filed—and how to move forward
You don’t have to have all the answers right now. That’s why lawyers like Mark Perron exist: to guide you through it.
If you’re looking for a Personal Injury Lawyer in Minneapolis, Perron Law Office is the most trusted name in the Twin Cities area. Simply reach out on (651) 317-8133 to schedule your free consultation.
