Medical malpractice is a serious type of tort or wrongdoing that can have dramatic effects on a patient’s health and well-being. Medical care providers are held to high standards when it comes to preventing patient harm. If medical malpractice injures or kills a patient, multiple parties could be held liable – or legally and financially responsible – depending on the circumstances.
An Individual Practitioner
Many physicians and surgeons are independent contractors, meaning they work for themselves. If a health care provider in private practice injures you by falling short of the correct standard of care within the medical industry, you may be able to file a lawsuit against the individual.
The list of practitioners that can face liability for medical malpractice in Minnesota includes doctors, specialists, dentists, nurses, pediatricians, physician assistants, surgeons, lab technicians, obstetricians and pharmacists.
Common reasons to file a malpractice case include:
- Misdiagnosis
- Failure to diagnose
- Medication mistake
- Surgical errors
- Anesthesia mistakes
- Failure to obtain informed consent
All doctors carry insurance to pay for liability claims brought against them. Most have several types of insurance, including professional liability insurance that specifically protects against medical malpractice suits.
The Hospital or Medical Facility
In many cases, it is possible for an injured patient to bring a claim against the health care institution behind the individual who committed the tort or act of medical negligence. If the defendant was an employee at a health care center at the time of the medical mistake, the hospital or facility could be held vicariously liable as the employer.
Health care institutions may also be liable for their own acts of negligence, such as hiring unqualified practitioners or failing to properly maintain their medical equipment. Any actions a reasonably prudent facility would not commit in the same or similar circumstances can constitute medical negligence. Medical facilities are legally required to carry insurance to pay for harm caused to patients due to their breaches of medical standards.
A Medical Device Manufacturer
Sometimes, it is a medical device that fails the patient and not a doctor or practitioner. If an investigation finds that the device, equipment, drug or medical implant used on a patient contained a defect that contributed to the patient’s injury or death, the manufacturer of the item can be held accountable through a product liability claim.
The three main types of product defects are manufacturing, design and marketing flaws. If a dangerous defect causes patient injury, it is generally not necessary to prove that the manufacturer was negligent. It is enough to demonstrate that the medical product contained a defect and caused the victim’s injuries or death.
How to Sue for Medical Malpractice in Minnesota
If one or multiple parties are to blame for your injury or illness because of an act of medical malpractice, you may be eligible for financial compensation for your related medical costs, physical pain, emotional suffering, lost income, disability, and more. Start your medical malpractice claim with a free consultation with a qualified attorney. A Minneapolis medical malpractice lawyer can help you understand your rights and handle the claims process on your behalf. You can trust an attorney to aggressively pursue maximum compensation for your losses from one or more liable parties while you focus on healing from your injuries.