Medical malpractice is a daunting issue that no patient wants to consider as a possibility when undergoing a medical procedure. Unfortunately, medical malpractice is incredibly common and is behind many patient injuries and deaths each year. If you lose a loved one and suspect medical malpractice is the reason, it is critical to understand your family’s legal rights.
What Is Medical Malpractice in Minnesota?
According to Minnesota Statute § 541.076, “medical malpractice” is a type of legal action that can be taken by a patient or former patient against a health care provider after “malpractice, error, mistake or failure to cure” causes injury or death.
In terms of personal injury law, medical malpractice describes the neglect of a health care provider to meet the required standards of patient care within the medical industry, resulting in patient harm. This is also known as medical negligence.
Who Can Be Held Responsible for Fatal Medical Malpractice?
When an act of medical malpractice – such as a surgical error, misdiagnosis, birth injury or medication mistake – results in the death of a patient, surviving family members may have the right to file a wrongful death claim. Under Minnesota Statute § 573.02, a wrongful death action is a civil claim that can be commenced to hold a wrongdoer accountable for a fatal act of negligence.
The party or parties that could be held liable (or financially responsible) for a fatal incident of medical malpractice in Minnesota may include a doctor, surgeon, nurse, dentist or the health care facility. Most hospitals and medical centers are held vicariously responsible for the negligence of their employees.
How to Prove a Medical Malpractice Wrongful Death Claim
To hold a health care provider responsible for the death of your loved one, you or your wrongful death lawyer in Minneapolis must prove the required elements of a medical malpractice claim. They are:
- The medical practitioner or facility owed the deceased patient a duty of care, meaning a doctor-patient relationship existed.
- The doctor or hospital breached the duty of care or acted in a way that a reasonably competent provider would not have under similar circumstances.
- The defendant’s breach of duty directly caused or contributed to the death of the patient.
- Surviving family members suffered damages as a result of the death, such as funeral costs, medical expenses, lost financial support, and pain and suffering.
Evidence available to support a medical malpractice wrongful death case can include the decedent’s medical records, testimony from a medical expert, witness statements and an affidavit of merit.
Who Has the Right to File a Wrongful Death Claim in Minnesota?
Minnesota law restricts the right to file a wrongful death claim to only the trustee of the deceased person’s estate. The trustee may be a close surviving relative of the victim of medical malpractice, if this person petitions the Minnesota courts to be appointed to this position. The trustee could also be an attorney or a neutral third party.
What Is the Statute of Limitations?
Under Minnesota law, the statute of limitations or legal deadline for filing a medical malpractice claim involving a fatality is three years from the date of the decedent’s death, but no later than four years after the date that the malpractice occurred. It’s important to act quickly to contact a medical malpractice attorney in Minneapolis to ensure that your family preserves its right to file.