By law, physicians in Minnesota are required to exercise a reasonable degree of care and skill when treating patients and practicing medicine. If a medical provider negligently, carelessly or wantonly falls short of the expected standard of patient care, this is known as medical malpractice. Malpractice that injures or kills a patient can serve as grounds for a medical malpractice lawsuit in Minnesota.
Minnesota’s Definition of Medical Malpractice
Minnesota Statutes §541.076(b) defines a medical malpractice claim as “An action by a patient or former patient against a health care provider alleging malpractice, error, mistake, or failure to cure.” Section (a) of this law defines “health care provider” as a physician, surgeon, dentist, occupational therapist or another health care professional, hospital or treatment facility.
Medical malpractice can refer to any act or omission that falls short of the health care provider’s duty of care. It is an incident of professional negligence that can cause adverse health outcomes for the patient.
The Elements of a Medical Malpractice Claim
Under state law, a patient in Minnesota may file a civil case against a health care practitioner if there is evidence establishing the required elements of a claim:
- Duty of care: the defendant or accused party owed a duty of care to the patient in a professional capacity.
- Breach of duty: the defendant provided the patient with a substandard level of care.
- Causation: the physician’s breach of duty is what caused the patient’s injuries or damages.
- Damages: the patient suffered a compensable injury because of the medical malpractice, such as bodily injury or financial losses.
These legal elements must be proven as more likely to be true than not true (a “preponderance of the evidence”). In addition, a medical malpractice lawsuit must be filed within four years of the date of the medical error or the date of injury discovery to be valid.
Types of Medical Malpractice
Many different actions or failures to act by a health care professional can constitute medical negligence or malpractice if they are a breach of the duty of care. Common examples involved in Minnesota claims include:
- Misdiagnosis
- Delayed diagnosis
- Lack of informed consent
- Medication mistake
- Surgical error
- Anesthesia error
- Birth injury
Every year, thousands of patients around the nation are negatively impacted by various types of medical malpractice. Victims may have the right to seek justice against an individual health care provider, a medical facility or an institution.
Damages Available for Medical Malpractice in Minnesota
The point or goal of a medical malpractice claim in Minnesota is to help make an injured patient whole again by providing them with financial compensation for their losses.
A successful medical malpractice case could result in various damages awarded to the plaintiff:
- Current and future health care costs
- Long-term or short-term disability
- Lost income and future earning capacity
- Pain, suffering and emotional distress
- Wrongful death damages (in cases involving the death of a patient)
- Punitive damages, in rare cases
With help from an attorney, a medical malpractice claim in Minnesota could lead to a settlement or judgment award that fully pays for the victim’s tangible and intangible damages.
Do You Have a Medical Malpractice Case in Minnesota? Find Out Today
If you suspect that medical malpractice or negligence caused your recent injury, illness, infection or the loss of a loved one’s life in Minnesota, it is recommended that you schedule a free case evaluation with an attorney as soon as possible.
A medical malpractice lawyer can review your circumstances to determine whether you have the necessary elements of a claim. If so, the attorney can take care of confusing legal paperwork to initiate your lawsuit.
A lawyer will fight for accountability and maximum financial compensation on your behalf. After a devastating experience involving health care provider negligence, you can count on the right attorney to help you and your family move forward.