Victims of Nursing Home Abuse or Medical Malpractice in Minnesota Should Contact a Personal Injury Attorney
Medical malpractice lawsuits, especially in Minnesota, can be especially complex. There are many different rules and regulations that need to be followed. Because these lawsuits have to do with medicine and the speculation that a doctor has done something wrong or harmful, mountains of medical records will need to be analyzed to determine exactly where things went wrong.
Let’s start by defining medical malpractice. Medical malpractice occurs when a doctor, hospital, or any other healthcare professional, causes any sort of injury to a patient. This can be through negligence or omission. Negligence may be the result of an error, or a doctor deciding to skip a necessary test. If a doctor were to skip a test or make an error, and an injury were to occur because of it, that could be considered medical malpractice.
Types of Medical Malpractice Claims
Medical malpractice claims can include a lot of different injuries and issues. A few include birth injuries that result from a mistake or error on the doctor’s side. These injuries could include cerebral palsy, Erb’s palsy, brain injuries, brachial plexus, and any other injuries that could have been caused by negligence.
Surgical errors are also considered to be medical malpractice. This includes any infections, organ damage, blood transfusion errors, or gastric surgery errors that may occur after or during surgery. This could also include a surgical tool that was accidentally left inside a patient.
Medication errors are also a source of medical malpractice cases. This can include anesthesia mistakes, the misdosage of any medication, or issuing the wrong prescription on accident. There are many other injuries and accidents that can result in these lawsuits, such as brain and nerve injuries, paralysis, or any other potential injury caused by a health professional.
Minnesota Medical Malpractice Statute of Limitations
A Statute of Limitations sets a time limit for when you’re allowed to file a claim. In this case, the Statute of Limitations states that any lawsuit against a healthcare professional for medical malpractice must be filed within four years of the incident.
However, there are a few reasons the time may be suspended. If the healthcare provider is out of state, leaves the state, or can’t be found, the time will be suspended until they return to the state and can be served with a lawsuit. The four year time limit will also be suspended if the injured patient was under the age of 18 at the time of the malpractice. The time limit will be suspended until the patient turns 19.
Certification of Expert Review
The Certification of Expert Review, laid out in Minnesota Statutes section 145.682 requires that in a lawsuit “alleging malpractice, error, mistake, or failure to cure…against a health care provider,” a medical expert’s testimony is required. The plaintiff must also file an affidavit that states that the facts of the case have been reviewed by the plaintiff’s attorney and a qualified expert. The expert must state that the healthcare provider did in fact deviate from the medical standard of care and caused harm to the patient.
Because of this, these cases can be incredibly complex and hard to move forward with. The Certification of Expert Review must also include an affidavit that lays out each of the medical professionals that the plaintiff will use. If this is not filed, the case will likely be dismissed.
Are medical malpractice damages capped in Minnesota?
While other states may have a cap on medical malpractice damages, Minnesota currently does not have one. This means that the injured patient may recover all of the losses that occurred because of the medical malpractice. This includes wages lost, medical bills, and pain and suffering compensation.
Why are medical malpractice cases so difficult to pursue?
Medical malpractice cases are very hard to pursue simply because doctors come off as very trustworthy people. Many don’t know that they can question their doctor, and malpractice is often something people don’t think about until it’s too late. When the claim is actually made, there are layers and layers of filing to do and statements to collect.
With the Certification of Expert Review being at the top of the list, there are many mountains to climb over to get the lawsuit filed in the first place. One mistake can have the case dismissed by the court before it’s even seen the light of day.
How do I know when to contact a medical malpractice attorney?
As soon as you know that you want to file a medical malpractice lawsuit, you should contact an attorney who is experienced in the field. Contacting an experienced attorney is of the utmost importance in this situation. You need to have an attorney who knows how to file a Certification of Expert Review and has fought medical malpractice cases before. At Sand Law, our experienced medical malpractice lawyers are ready to take on your case and help you get the compensation you deserve. For a free case evaluation, please contact us online or by calling 651-571-4125.