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 to follow. 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.
The best way to ensure that you recover the compensation you need is to hire capable legal representation. At Sand Law LLC, our seasoned medical malpractice attorneys are diligent, trustworthy, and highly effective. For a free case evaluation, please contact us online or by calling 651-291-7263. We will evaluate your case and start forming a strategy for building a personal injury claim.
Minnesota Rules and Regulations for Medical Malpractice Claims
Before delving into Minnesota-specific laws on this topic, 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 was to occur because of it, that could be considered medical malpractice. The injured patient may qualify for compensation for their subsequent damages.
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 Minnesota 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 Requirement
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 the healthcare provider deviated from the medical standard of care and caused harm to the patient. Because of this, these cases can be incredibly complex and hard to prove. 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.
No Cap on Medical Malpractice Damages
While other states may have a cap on medical malpractice damages, currently Minnesota law does not cap damages for medical malpractice claims. 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.
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, providing the incorrect dosage of any medication, or issuing the wrong prescription on accident. There are many other injuries and accidents that can result in these lawsuits. These injuries include nerve and brain injuries, paralysis, or any potential injury caused by a health professional.
A Minnesota Personal Injury Lawyer Can Help Address the Challenges of a Medical Malpractice Case
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 or push for a second opinion. And malpractice is often something people don’t think about until it’s too late.
When you actually make the claim, there are layers and layers of filing to do and statements to collect from various parties. There are many mountains to climb over to file the medical malpractice lawsuit in the first place. A Certification of Expert Review is at the top of the list.
One mistake can have the case dismissed by the court before it’s even seen the light of day. As soon as you know that you want to file a medical malpractice lawsuit, that’s when you need a personal injury attorney who is experienced in the field. Contacting a reputable Minnesota medical malpractice attorney is of the utmost importance in this situation.
Trust Sand Law LLC Medical Malpractice Attorneys to Maximize Your Compensation
We understand many victims of medical malpractice feel betrayed, so we make it a point to cultivate trust with our clients in these situations. Our knowledgeable team operates with integrity and prioritizes our clients’ needs throughout the personal injury claims process.
As your Minnesota medical malpractice attorneys, we will make every effort to deliver the results you deserve. That way, you can focus on recovering from your injuries. Our team will lay out what you should expect from the process, as well as our medical malpractice lawyers, so you can feel confident in choosing Sand Law LLC to represent you.
You need a lawyer with prior medical malpractice experience who knows how to file a Certification of Expert Review. At Sand Law, our medical malpractice attorneys can take on your case to help you get the compensation you deserve. For a free case evaluation, please contact us online or by calling 651-291-7263.
Frequently Asked Questions
Who can I sue for medical malpractice in a nursing home negligence claim?
To be held liable in a medical malpractice lawsuit, the defendant must be a licensed healthcare provider. Under Minnesota law, that includes medical professionals such as doctors, dentists, nurses, mental health therapists, and physical therapists.
They are expected to possess specific training that qualifies them to administer appropriate medical care, so they are liable for failing to adhere to the standard of care. However, not all nursing home staff are necessarily licensed healthcare providers.
Therefore, you would not be able to bring a medical malpractice claim against them. You may still be able to pursue a personal injury claim if the facility staff or administration were negligent in their duty or violated your elderly loved one’s nursing home rights, causing their injury or illness.
What is the standard of care?
In the context of a Minnesota medical malpractice claim, the standard of care is a legal benchmark. It determines whether a healthcare provider is potentially liable for a medical error. The plaintiff is responsible for demonstrating that their medical provider’s actions did not meet the minimum standard of care.
Basically, the standard of care asks: Did your provider offer at least the same quality of care that a medical professional with similar training and years of experience would have offered you under the same circumstances? If they did not, and their actions resulted in further injury to you, their insurance carrier may be liable for your damages in a medical malpractice claim.
Will my medical malpractice claim go to trial?
It is possible, although highly unlikely. Generally, parties settle personal injury claims before the trial stage, as going to court can be time-consuming and expensive. The same is true for medical malpractice claims. According to an NIH study of historical settlement trends for medical malpractice claims, only about 3.1% were settled in court.
The study found that on average, medical malpractice claims that went to trial took 6.5 years to settle, as compared to 4.93 years in claims that were resolved pre-trial. Time is an important factor to consider when pursuing a medical malpractice claim, although it is not the only one.
Your Minnesota medical malpractice attorney can offer you advice tailored to your individual case if you are weighing whether to go to trial. They can also help you prepare for court if settlement negotiations fail.