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Gomon v. Northland Family Physicians6/13/2002
defendant alleged that her claim had expired. 216 Minn. at 270, 13 N.W.2d at 2. However, this court determined that the plain language of the statute evinced the legislature's intent to permit claims even where the general six-year limitations period had already run. 216 Minn. at 274, 13 N.W.2d at 4. Although the statute in Donaldson had a more far-reaching effect than the statute in the case at bar, the court did not require any specific expression of legislative intent to revive expired claims beyond the plain language of the statute.
Based upon our analysis of the case law, we reverse the court of appeals' decision and decline to view revival of time-barred claims separately from other forms of retroactive application of a statute by requiring additional express language of revival over and above the requirement that intent to revive be clearly and manifestly expressed. See Minn. Stat. § 645.21. In so holding, however, we do recognize that constitutional or other constraints may limit the legislature's power to enact retroactive legislation in certain circumstances. See, e.g., Traczyk, 421 N.W.2d at 301 (holding statute that extended statute of limitations for certain criminal sexual conduct could not be applied retroactively to a prosecution commenced after the limitations statute in effect at the time of the alleged offense had expired). No such constraints restrict the legislature's authority in the present matter. See Donaldson, 325 U.S. at 315-16.
In sum, based on the plain meaning of Minn. Stat. § 541.076 and its effective date provision, the new statute of limitations for medical malpractice claims applies to all claims that are within the four-year limitations period and are commenced on or after the effective date of the new statute. We decline respondents' request to graft a limitation—exclusion of expired claims—on section 541.076 because such a limitation is not expressed in the plain language. Although the legislature could have treated an expired claim such as the Gomons' differently than a claim that was not yet time-barred, nothing in the language of the statute or its effective date provision suggests the legislature intended such a result. Accordingly, we hold that the legislature by its use of plain and unambiguous language clearly and manifestly expressed its intent that the four-year statute of limitations established by Minn. Stat. § 541.076 for medical malpractice claims be applied retroactively. Because the Gomons' commenced their cause of action on December 3, 1999, within four years of when it accrued, their claim must be permitted to proceed.
Reversed and remanded.
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