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What is a Medical Malpractice?

Medical Malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. In other words, if a medical professional is negligent in their role, and it causes an injury, it may be compensable in a medical malpractice claim.

What is Medical Malpractice Negligence?

Negligence occurs when a person an organization breaches a duty of care. In medical malpractice it means that the medical professional deviated from their duty of care and, as a result an injury occurred. This may occur in the context of treatment, diagnosis, or even execution. Plastic surgeons, chiropractors, nurses, anesthesiologists all have a duty of care.

Any action or inaction that deviates from that duty, whether it is in diagnosis or treatment may be compensable.

Common causes of action may stem from:

• Failure to diagnose
• Negligent treatment
• Negligent prescription
• Elder Care Abuse
• Surgical Errors
• Birth Injury and Defects
• Gastric Bypass Problems
• Plastic Surgery Errors
• Dental Errors
• Psychiatric Malpractice
• Emergency Room Errors
• Medication Errors
• Gastric Bypass Errors
• Anaesthesia Errors

How are Damages Calculated?

In a medial malpractice civil lawsuit, families may recover financial damages related to pain and suffering, lost wages, mental anguish, loss of companionship, medical costs, and other expenses including, in some cases, punitive damages. If you have experienced damages of any sort based on poor medical advice or treatment, you may be eligible for damages. One of our national medical malpractice lawyers may be able to help you build your case.

Who is eligible for damages?

What are the Statutes of Limitation?

The Statute of limitations may vary from state to state. In Minnesota all professional liability claims against health care providers, regardless of the injury or the basis of the cause of action, must be brought within four years from the date the cause of action accrued. Minn. Stat. Ann. § 541.076.

However, Minnesota courts have a liberal discovery rule which looks at the last date of treatment as the date upon which a medical malpractice cause of action accrues.

It is important to recognize that an infant's claim must be asserted within seven years from the date of the occurrence, or one year after the claimant reaches the age of majority, whichever period is shorter.

What is Comparative Negligence?

Under Minnesota law, comparative negligence a claimant's action is barred if his fault exceeds the combined fault of all defendants Minn. Stat. Ann. § 604.01.

Is an Expert Needed?

Yes. Under Minnesota law,. at the time of filing the summons and complaint, or within 180 days thereafter, an affidavit by an expert must be filed which states that the facts of the case have been reviewed by a qualified expert who found that the defendant's actions deviated from the applicable standard of care. Minn. Stat. Ann. § 145.682.