MINNESOTA MEDICAL MALPRACTICE

Medical Malpractice is also known as medical negligence and med mal in Minnesota. Medical malpractice happens when a medical practitioner or provider is negligent (falls below the proper medical standard of care of other health care professionals) in treating a patient. Medical malpractice claims in Minnesota may arise from:

1. Delay in treatment or diagnosis that is unreasonable
2. The incorrect filling of drug prescriptions
3. Injuries that occur as a result of the birthing process
4. Treatment that is unreasonable or improper; or, failure to treat a condition or injury
5. A healthcare provider's misdiagnosis or lack of a diagnosis
6. A healthcare provider's mistreatment of a condition, or lack of treatment

Claims that injuries may have been caused by a medical provider's malpractice should be filed after consulting with a Minnesota medical malpractice attorney.

Who Can Commit Malpractice In Minnesota?

Medical malpractice lawsuits may be filed against “health care providers” in Minnesota. Health care providers include any organization or person licensed to provide medical services in Minnesota. Such providers may include (not exclusively) hospitals, nurses, physicians, psychologists, assisted living programs, clinical social workers, and/or physical therapists. Because who is and who is not a health care provider is an integral part of a med mal case, you should speak with a Minnesota medical malpractice lawyer if you are uncertain about who qualifies as a health care provider.

Minnesota Medical Malpractice Statutes of Limitation

Lawsuits because of injuries that result from treatment by a medical practitioner must be filed within four years of the date of the omission or the act that gave rise to the injury. Minnesota law provides that for minors, the statute of limitations period does not begin to run until the minor's eighteenth birthday, at which time the minor has one year to file a lawsuit. However, claims by minors may not be filed more than seven years after the date of the injury.

Failure to file your medical malpractice claim within the time frame for med mal claims will result in your claim being barred, and you will not be able to recover damages for your injury. Because the failure to file your claim on time may result in serious consequences, hiring a Minnesota med mal lawyer to assist you in filing your case on time is bly advised.

Damages Limitations On Minnesota Medical Malpractice Claims

Minnesota does not provide a maximum amount of punitive or compensatory damages that can be awarded in medical malpractice cases. For questions about damages recoverable in your med mal case, contact a Minnesota medical malpractice lawyer.

How to File a Minnesota Medical Malpractice Claim

When you have an injury and you think that your injury was caused by a medical provider's negligence, discuss your claim with a Minnesota medical malpractice lawyer prior to filing suit. Med mal cases can be drawn out, expensive, and are often further complicated when the med mal suit must be filed against several defendants (i.e., manufacturer of a defective piece of medical equipment that caused your injury, nurse, physician, etc.). A Minnesota med mal lawyer can assist you with the steps required in a Minnesota medical malpractice case, such as taking the deposition of witnesses, hiring expert witnesses to testify, and handling the numerous lawyers the health care provider's insurance company will provide for the provider's defense.

Minnesota Statutes Annotated

Minnesota Medical Malpractice

1. Who Can Commit Medical Malpractice In Minnesota?
1. Medical Practice Insurance, Chp.62F § 3.
2. Minnesota Medical Malpractice Statutes of Limitations
1. Judicial Procedure, District Court, Chp.541 § 7.
3. Medical Malpractice Damage Limitations in Minnesota
1. There are no statutory medical malpractice damage limitations in Minnesota.