If a medical professional in Minnesota harmed you or a loved one, you may pursue a medical malpractice claim. However, to understand your options and the legal remedies you may be entitled to, consider discussing the situation with an experienced Minnesota medical malpractice attorney at Nicolet Law Accident & Injury Lawyers as soon as possible.
Our knowledgeable and skilled lawyers have years of experience handling these complex malpractice claims. They can help you learn more about your legal rights following this incident and assist you in fighting for the appropriate compensation you deserve.
- Nicolet Law Accident & Injury Lawyers: Minnesotaâs Medical Malpractice Law Firm
- Understanding Medical Malpractice Claims
- Determining if You Have a Medical Malpractice Claim
- Common Examples of Medical Malpractice in Minnesota
- Who Can You Sue for Medical Malpractice in Minnesota?
- Local Issues That Can Affect Your Minnesota Medical Malpractice Claim
- The Affidavit of Expert Review Requirement
- Identifying the Medical Expert
- How To Protect Your Legal Rights Following a Minnesota Medical Malpractice Incident
- Contact Nicolet Law Accident & Injury Lawyers Today and Fight for the Justice You Deserve
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Nicolet Law Accident & Injury Lawyers: Minnesota’s Medical Malpractice Law Firm
At Nicolet Law Accident & Injury Lawyers, we are about more than just winning cases. We are also committed to serving our clients and helping them get the justice they deserve. With decades of combined legal experience, our legal team is ready and prepared to meet our client’s unique legal challenges and offer them the guidance they need to make the most informed decision possible.
At Nicolet Law Accident & Injury Lawyers, we also have a strong record of representing our clients and fighting for the financial damages they deserve. As a result, since our founding, we have secured over $55 million on their behalf.
To discuss a medical malpractice incident, consider contacting Nicolet Law Accident & Injury Lawyers for a free case consultation. Our knowledgeable Minnesota medical malpractice attorneys can go over your case over the phone, or you can meet with us at one of our conveniently located offices throughout Minnesota.
Understanding Medical Malpractice Claims
A medical malpractice claim arises when a medical professional who has not performed medical duties according to the appropriate standard of care causes injury to a patient. However, for a victim to recover compensation for the damage and suffering they endured because of this malpractice, they first need to meet certain legal elements. Furthermore, these elements must be established by a preponderance of evidence standard, meaning that it is more likely than not that the malpractice occurred.
Determining if You Have a Medical Malpractice Claim
It is important to understand that not every bad result, act, or omission will be considered medical malpractice.
Instead, to be able to have a valid medical malpractice claim in Minnesota, the patient would need to show:
- A patient-doctor relationship. This relationship usually happens when the doctor or healthcare worker agrees to treat the patient by diagnosing, treating, or taking care of them, and the patient agrees to be treated by the professional.
- The healthcare worker breached the medical standards of care. The patient must show that the healthcare worker acted outside of the accepted standards of care for the medical industry.
- This breach of duty resulted in damages. Unfortunately, it is not enough to show that a medical care worker violated their standard of care. To establish medical malpractice, the patient must also show that the healthcare professional’s actions directly caused the patient’s illness or injury.
- The injury or illness resulted in substantial damages. Finally, the patient needs to show evidence that they suffered significant financial damages because of the damages. Otherwise, due to the high costs of bringing a medical malpractice claim, the expenses of pursuing this claim can be higher than the possible financial recovery if the damages are not substantial.
As you can see, establishing and proving medical malpractice can be challenging. If you have a valid legal claim, consider speaking with an experienced Minnesota medical malpractice lawyer as soon as possible.
At Nicolet Law Accident & Injury Lawyers, our legal team can review your case’s facts, determine if you have a viable claim, and help determine what legal avenues you can pursue.
Common Examples of Medical Malpractice in Minnesota
While medical malpractice can result for several reasons, in Minnesota, some of the more common situations that tend to result in these medical malpractice claims include:
- Conducting an unnecessary surgery
- Failing to diagnose a condition
- Providing the incorrect diagnosis
- Performing surgery on the wrong site
- Making a surgical error
- Providing an inaccurate dosage or erroneous medication
- Giving poor follow-up care
- Discharging the patient prematurely
- Not following up with the patient after they treated them
- Not reading the lab results correctly
- Ignoring lab results
- Not ordering the proper medical tests
- Ignoring a patient’s medical history
However, these are only some issues that can lead to a medical malpractice case. If you believe you have a viable claim, even if the cause is not in the list above, consider discussing the situation with a knowledgeable Minnesota medical malpractice attorney and figure out what legal options you have.
Who Can You Sue for Medical Malpractice in Minnesota?
If you suffered harm due to medical malpractice, you might be able to hold certain parties liable for the injuries, losses, and damages you endured.
These healthcare providers can include:
- Medical doctors
- Physical and occupational therapists
- Mental health care professionals
- Pharmaceutical companies
- Hospitals, including top Minnesota hospitals such as M Health Fairview University of Minnesota Medical Center or United Hospital
- Urgent Care Centers
- Treatment centers
Local Issues That Can Affect Your Minnesota Medical Malpractice Claim
If you believe you have a medical malpractice claim you can file, you have to remember that your time to pursue this case is limited. According to the statute of limitations laws, individuals hurt in an accident or due to an alleged offense have a deadline by when they have to file their case. More importantly, failing to file within this time can result in the court barring them from obtaining the compensation they deserve for the losses and injuries they suffered.
If you want to know how much time you have to pursue your case, contact an experienced Minnesota medical malpractice attorney as soon as possible.
At Nicolet Law Accident & Injury Lawyers, our knowledgeable team can determine how much time you have to file your legal claim and ensure that the appropriate documents and motions are prepared and presented to the appropriate court before this time runs out.
The Affidavit of Expert Review Requirement
In Minnesota, one of the biggest challenges that victims of medical malpractice need to deal with is the affidavit of expert review requirement. To get rid of frivolous medical malpractice suits, some states require patients or those wanting to sue for malpractice to submit evidence of malpractice before the case can proceed.
In Minnesota, this means that in a lawsuit that alleges malpractice, mistake, failure to cure, or error against a health care provider and requires a medical expert’s testimony, the plaintiff needs to file an affidavit stating that:
- The plaintiff’s lawyer has reviewed the facts with a qualified expert, and
- The expert believes that one or more defendants provided care that deviated from the applicable “medical standard of care” and that this deviation caused injury to the plaintiff.
The lawyer usually files these affidavits with a complaint. However, if it is not reasonably possible to obtain this expert’s review before the deadline for filing the lawsuit, the lawyer can instead file a signed affidavit with the complaint indicating their reason for not getting the affidavit. Then they will have 90 days to serve the defendant with the complete affidavit of an expert’s review.
Identifying the Medical Expert
Minnesota laws also outline a second requirement that the plaintiff needs to meet regarding these medical malpractice cases.
Within 180 days after the start of the discovery process, the plaintiff also needs to serve on the defendant an affidavit that:
- Identifies the medical experts who the plaintiff expects to call as expert witnesses at trial to testify to the cause of the alleged malpractice, and
- Summarizes the opinions the plaintiff expects the experts to provide and their reasons for these opinions.
The affidavit must be signed by each expert and the plaintiff’s attorney and provided to the other side.
How To Protect Your Legal Rights Following a Minnesota Medical Malpractice Incident
Suffering an injury or damages because of a healthcare professional’s wrongful actions can leave you with countless questions and uncertainty. The last thing you want to worry about is what you should do after this incident to help your legal claim. However, it is essential to understand that the actions you take in these situations can help you fight for the justice and financial recovery you deserve.
Get Medical Help From Another Medical Professional
If you endured harm from a healthcare professional, you must prioritize your health. This means you must ensure you get the medical treatment you require or continue seeking further medical treatment. However, before you return to the doctor that caused this damage or injury, try to get treatment from a different medical professional.
While there are many benefits of obtaining this second opinion, one of the main reasons you should seek the guidance of a new doctor is that if the original doctor determines you are thinking about pursuing legal action against them, they may try to interject treatments or alter medical records that can minimize your chances of having a successful claim. For these reasons, if you do not have to go to that original doctor, try to see a new one as soon as you can.
Try To Get Your Medical Records
Get a copy of your medical records from your healthcare provider as soon as possible. This can help ensure that your documents are not tampered with or changed in the doctor’s favor.
Watch What You Say After the Incident
Do not comment about the medical malpractice incident to others or post anything about what happened online. The other side wants nothing more than to find something they can use against you to hurt your case, and when you make posts or say certain statements that can affect your case, the other parties can use these things to impact the amount of money you can receive.
Give the Documentation You Have to Your Attorney
Once you get the treatment you require and get the medical condition under control, you will want to make sure you gather all the documentation you have related to the medical malpractice incident, including:
- Medical reports
- Medical bills
- Other expenses related to your injuries
Your attorney can use this evidence to help show what happened, who was responsible for your harm and injuries and establish the total extent of your damages. They can then use this evidence to help you fight for the maximum financial recovery you deserve.
Contact Nicolet Law Accident & Injury Lawyers Today and Fight for the Justice You Deserve
If you want to know more about medical malpractice cases in Minnesota or discuss your legal options regarding a medical malpractice claim, contact an experienced Minnesota personal injury lawyer at Nicolet Law Accident & Injury Lawyers Accident & Injury Lawyers today.
Once retained, our legal team can review your accident’s circumstances, determine whether you have a viable claim, and determine the legal actions you can take next.
We can also:
- Look for evidence to establish fault and prove the full extent of your damages.
- Deal with the other parties and insurance companies and fight for a fair settlement amount.
- Find appropriate medical experts to validate your case.
- Help you fight for the maximum financial damages you deserve.
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