You and your physician have built a rapport, and you trust that the care you receive from them is based on sound medical understanding. Your physician takes the time to explain diagnoses and procedures that can cure your ailments and prolong your life. But sometimes, healthcare providers do not act reasonably, and they harm you through their negligence.
Proper medical care requires that medical professionals act at or above the standards met by a reasonable person in a similar situation. If you or a loved one was injured by substandard care from a medical provider, hospital, nursing home, pharmacy, walk-in clinic, or rehabilitation center, a Minnesota medical malpractice lawyer could fight for your right to financial compensation. Our dedicated personal injury attorneys are standing by to help you navigate this complicated legal terrain.
Common Medical Errors
When a medical provider fails to act as some with similar training would in the same situation, they could be held liable for malpractice. Common medical errors that might qualify as malpractice include:
- Injuries during birth, such as an improper procedure for breech birth or forceps use
- Failure to order testing that would identify the problem or failure to correctly interpret test results
- Surgical errors, including an error using anesthesia, operating on the wrong body part, removing a healthy organ, or abandoning instruments inside a patient
- Prescription errors, such as filling a prescription incorrectly or giving the wrong dose
A diligent Minnesota attorney could help an individual understand whether a particular medical error constitutes legally actionable malpractice.
Compensation Available in Personal Injury Cases
A faulty medical procedure can leave an injured patient with a lifetime of required medical care. A Minnesota attorney could negotiate a medical malpractice settlement with the provider’s insurance carrier. If the carrier is unwilling to make a reasonable settlement, an attorney could take the case to trial in pursuit of compensatory damages.
Compensatory damages are classified as economic or non-economic, and refer to the costs associated with an injury. Economic damages can be measured in dollars, including medical costs, lost wages, and rehabilitative care. Non-economic damages include compensation for the plaintiff’s suffering and pain, emotional trauma, and future lost wages.
Certification of Expert’s Review and Identification of Experts
Minnesota Statutes Section 145.682 requires a plaintiff to file a Certification of Expert Review in medical malpractice lawsuits. Because an expert in medical issues must testify for a plaintiff, this affidavit confirms that the plaintiff’s attorney has reviewed the case with a qualified party who believes at least one medical provider’s care was substandard and caused the patient harm. The affidavit is filed with the initial complaint, or under some circumstances, within 90 days of filing the lawsuit.
A second affidavit identifies the medical experts who will testify, the basis of the testimony, and the expert’s conclusions. All defendants are served a copy of the Identification of Expert affidavit during discovery and no longer than 180 days after it begins. An experienced attorney could get in touch with the necessary experts and file a claim on behalf of a medical malpractice victim.
Discuss Your Case with a Minnesota Medical Malpractice Attorney
Although humans can make mistakes, medical professionals are held to a certain standard to ensure patients receive competent care. You are entitled to the best possible outcome for your health.
If a doctor, nurse, technician, or other medical professional lets you down by providing substandard care, our team at BK Law Group could help you seek justice through compensation for the consequences of their negligence. You may be entitled to a cash settlement, which could allow you to handle various expenses during recovery. Call today to schedule your free initial consultation with a Minnesota medical malpractice lawyer.