In 2016, a Johns Hopkins University School of Medicine study found that medical error now ranks as the third leading cause of death in the United States behind cancer and heart disease. Approximately 250,000 patients die each year as a result of medical errors.
When you seek medical attention, you expect a certain standard of care from your healthcare provider. However, when a doctor or nurse neglects to meet the standard of care, and harms you in the process, you might be able to seek justice through a medical malpractice claim.
If you fell victim or lost a loved one to the negligence of a healthcare provider, a Minneapolis medical malpractice lawyer can help you pursue compensation. Contact Ben Crump Law, PLLC today at (800) 641-8998 to discuss your free case evaluation with our legal team.
Types of Medical Malpractice
Medical malpractice occurs in many doctor’s offices, hospitals, and outpatient settings and may consist of one or more types of errors. In most cases, victims suffer injuries due to malpractice at the hands of doctors, but they may file claims against other providers such as nurses, physician assistants, and nurse practitioners, as well. Some of the most common types of medical malpractice include:
- Missed or delayed diagnosis
- Improper medication dosage
- Administration of drugs with harmful interactions
- Wrong medication
- Wrong operation site
- Organ puncture
- Retained foreign object
- Anesthesiology error
- Insufficient follow-up care
- Childbirth injuries
If you or a loved one suffered from these or another type of medical injury, a lawyer might be able to help you determine if you have a case.
For a free legal consultation with a medical malpractice lawyer serving Minneapolis, call (800) 641-8998
Legal Requirements for Proving a Medical Malpractice Claim
In some cases, healthcare practitioners abide by the current standards of care and exercise every reasonable precaution to ensure the safety of their patients, but they still suffer an unforeseen outcome. Doctors cannot guarantee results. However, they can guarantee that they will protect the health and well-being of their patient to the best of their ability.
The following are criteria a doctor’s actions must meet in order for a victim to file a medical malpractice claim.
The Provider Breached a Duty of Care
The law upholds that certain medical standards prevail in the field, as judicious healthcare providers typically make similar decisions in comparable situations. These standards of care determine how a doctor should act when providing care to a patient, and their failure to follow them may constitute negligence.
The Breach Caused Injuries to the Victim
In addition to demonstrating that the provider breached their duty of care when treating the victim, the victim or victim’s loved one must also prove that this deviation led to their injuries or the loss of their loved one. This step may present a challenge to those who wish to file a claim, but a Minneapolis medical malpractice lawyer can help gather the information needed to establish liability.
The Victim or Their Family Suffered Significant Damages
If the doctor not only caused the victim’s injuries through their negligence, but the injuries also led to significant damages, the victim or their family may have the option to file a medical malpractice claim. These damages may include physical injury, emotional challenges, or financial instability.
Minneapolis Medical Malpractice Lawyer Near Me (800) 641-8998
Financial Awards in Medical Malpractice Cases
The types of compensation and the amount a victim or their family may receive for a medical malpractice claim varies based on the specific details of their case, such as the nature of the injury, the extent of the damages, and insurance policy coverage. Financial awards may include payment for:
- You or your loved one’s medical bills and healthcare-related expenses
- Wages you lost due to time missed at work
- Income you will no longer receive due to the death of a loved one who provided you with financial support
- You or your loved one’s physical, emotional, and mental pain and suffering
- Funeral and burial expenses if you lost a loved one
In some cases, a judge may also order the defendant to pay punitive damages, which serve as a form of punishment and as a public deterrent in particularly egregious instances of medical negligence. A Minneapolis medical malpractice lawyer can help you assess your damages and fight for just compensation for your losses.
Minnesota Statute of Limitations on Medical Malpractice Claims
Every state has statutes of limitation on medical malpractice and other civil cases, which determine the amount of time a victim has to file a claim. In Minnesota, individuals who suffered injuries as a result of medical negligence have up to six years from the date of the incident to file a malpractice lawsuit against the medical provider, according to Minnesota Statutes § 541.05.
If the victim did not survive their injuries, their loved ones have up to three years from the date of their death to pursue legal action, not to exceed six years from the date of the doctor’s negligent actions that led to the fatal injury.
The process often takes longer than expected, especially for those unfamiliar with the legal system. Attorneys recommend filing your claim as soon as possible to prevent missing out on your opportunity to seek financial awards.
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Contact Ben Crump Law, PLLC Today
When you choose a healthcare professional, you trust that they will provide you with appropriate treatments and quality care that will better your condition, not make it worse. Unfortunately, thousands suffer medical injuries and fatalities in the U.S. each year as a result of doctors’ negligence, but our attorneys can help victims pursue accountability and financial recovery.
If you suffered injuries or lost a loved one as the result of a medical practitioner’s negligence in Minneapolis, contact Ben Crump Law, PLLC today at (800) 641-8998 to talk to our legal team about your case.