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?
Individual patients and immediate family members are eligible. Minors may need an adult
guardian to take a medical malpractice lawsuit to court on
their behalf. Additionally, other family members -
such as stepparents, grandparents, and dependents, may
also be permitted to file suit in some circumstances.
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
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.
How are Legal Fees Paid?
Our Medical Malpractice lawyers have competitive prices,
which fall within the range of the industry standard.
Each fee structure is tailored for each client's needs.
Fee arrangements may include:
- Contingency (no fee until a recovery is made)
- Set Fees
- Billable unit rates or any combination of the