Medical Malpractice Lawyer
Table of Contents
While medical malpractice is an unfortunate reality in today’s world, injured patients can seek compensation and obtain justice in a court of law.
When a doctor or medical professional injures one of their patients, the incident is classified as medical malpractice. These patient injuries can occur through omission, negligence, treatment errors, errors in diagnosis, or errors in aftercare and health management.
If you or someone you know has been injured by a health care professional in Minneapolis, read on to find out how the experienced personal injury attorneys at Milavetz Injury Law, P.A. can help you.
What is medical malpractice?
Medical professionals have a duty of care to their patients that must be followed in their work. When they perform that duty negligently or maliciously, patients can become injured or, in the worst case, die. These failures to adhere to medical standards of professionalism are called medical malpractice.
What are Common Types of Medical Malpractice in Minneapolis?
A Minneapolis medical malpractice lawyer can determine whether your case qualifies as medical malpractice. There are a few common types of medical malpractice in Minneapolis.
There is always risk involved with anesthesia, and anesthesiologists have an obligation to mitigate that risk. Dosages must be administered carefully and at the right time. Sedation can be dangerous if the patient is under anesthesia for too long, and they could wake during the operation if it wears off too soon.
Anesthesiologists must be sure their equipment works properly, and the patient should be monitored for problems or poor reactions while under anesthesia. Heart attack, stroke, asphyxia, brain damage, coma, and death can all occur as a result of anesthesia errors.
According to the World Health Organization, birth asphyxia and trauma are among the leading causes of death among infants. Birth can be complicated, and some birth injuries may be unavoidable. But if a birth injury occurs because the medical professionals assisting with the delivery did not take proper care, this constitutes a medical malpractice case.
Misdiagnosis, Delayed Diagnosis, & Undiagnosed Conditions
The sooner a disease or condition is diagnosed, the more easily it can be treated. This is why it’s so dangerous for potentially terminal illnesses like cancer to go unnoticed for so long. It can often be eradicated if treated at stage one, but it is much harder to beat by stage four.
This is what makes negligent misdiagnoses or delayed diagnoses so painful: the knowledge that you could have been treated sooner had your doctor properly diagnosed your case.
Similar to misdiagnosis, undiagnosed conditions can have life-altering and sometimes deadly consequences if not treated.
Two types of chiropractor errors can count as medical malpractice: failure to diagnose important issues and negligent spinal manipulation, which can occur if a chiropractic procedure is performed incorrectly, resulting in an injury.
Drugs are designed to impact your body and brain chemistry to treat certain physical or mental health conditions. If health professionals administer or prescribe defective drugs or the wrong drugs to a patient, these chemical changes can have adverse effects.
Medical Equipment Failures
Part of the medical standard of care is ensuring that all medical equipment works properly and isn’t defective. Functional medical equipment is essential for monitoring, diagnosing, and administering proper treatment. Failure to perform maintenance and ensure that medical equipment is working properly before using it on patients is medical malpractice.
What are some common causes of medical malpractice?
Medical malpractice injuries may result from a wide variety of factors but are most often influenced by omission, failure to provide a proper standard of care, or negligence.
Some common situations that may cause a provider to commit malpractice include:
- Failure to treat
- Failure to diagnose
- Failure to provide informed consent
- Errors with prescribed medications
- Surgical errors during operations
- Birth injuries
- Diagnostic errors
- Defective medical products used or administered
- Anesthesia errors
- Defective drugs
If you’ve experienced a medical malpractice injury that was caused by any of the aforementioned situations, our skilled attorneys can help you determine whether your case qualifies as medical malpractice.
What Injuries Can Result From Medical Malpractice?
Medical malpractice injuries vary. Some of the more common injuries arising from medical mistakes include:
- Birth injuries
- Cancer misdiagnosis
- Dental mistakes
- Surgical errors
- Wrongful death
Legislation on Medical Malpractice
Minnesota state law allows patients to file civil claims against health care professionals who commit medical malpractice. Congress has also passed national legislation that relates to medical malpractice.
Emergency Medical Treatment and Active Labor Act
In 1986, the Emergency Medical Treatment and Active Labor Act was passed, stating that anyone has access to emergency medical services regardless of their ability to pay. Failure to provide proper treatment because the patient cannot pay constitutes medical malpractice, and the patient can sue.
Who can be sued for medical malpractice?
Any medical professional who had a duty to perform a standard of care and failed to do so through negligence, omission, or maliciousness can be held liable in a medical malpractice case.
Common medical providers who can be held liable for medical malpractice include:
- Physical Therapists
Through vicarious responsibility, a hospital can also sometimes be held liable due to employee negligence. In rare cases when an insurance company may deny coverage for essential medical treatment, the insurance company can be sued for medical malpractice due to “practicing medicine without a license” or insurance bad faith.
What compensation am I eligible to pursue in a medical malpractice case?
There are two types of damages that you can pursue: economic and non-economic. Economic damages cover:
- Current medical bills and treatments
- Future income lost
- Future medical bills and healthcare costs
- Out-of-pocket expenses related to your injury
- Funeral expenses (in the event of wrongful death)
- Household services and assistive services
Non-economic damages refer to nonquantitative losses that result from medical malpractice. For these, you will need to prove — whether through witness testimony, a mental health evaluation, or a record of therapy and counseling — how the medical malpractice impacted your life outside of the financial burden. These include:
- Pain and suffering
- Physical impairment
- Emotional distress
- Loss of consortium, society, and companionship
- Loss of enjoyment of life
How long do I have to file a medical malpractice case in Minnesota?
The medical malpractice statute of limitations, or the time you have to file a lawsuit after your injury, is relatively short in the state of Minnesota.
Medical malpractice law in Minnesota states that you have four years from the date of the injury to investigate your claim, put all of your evidence and documentation together, and start pursuing a course of legal action before your rights expire.
To ensure you don’t miss your opportunity to file your claim, reach out to our medical malpractice attorneys for help, assistance, and guidance.
How can a Minneapolis malpractice lawyer help me with my lawsuit?
If you believe you may have suffered from medical malpractice and are looking to file a claim, the Minneapolis medical malpractice lawyers at Milavetz Injury Law, P.A. are ready to help you navigate the process. It’s important to have representation to defend your rights when dealing with the medical professional’s or facility’s attorneys or an insurance company. Our attorneys can help you build a solid case, and have experience handling all types of medical malpractice cases, including:
At Milavetz Law, we’ll go over the evidence, such as any notes and records of the medical treatment, images of injuries, or testimony of relevant witnesses. We will use this evidence to prove your case and help you get the financial recovery you deserve.
The other side will strive to poke holes in your story to release them or their clients from liability. We have experience handling communication with opposing attorneys, insurance adjusters, and more to best protect your case.
Negotiating a Settlement
Most medical malpractice cases are settled outside of court. Our goal will be to negotiate a settlement that satisfies your need for financial recovery without having to go to trial. The case will proceed to trial if the other side fails to agree to a fair settlement.
Contact the Minneapolis Medical Malpractice Lawyers at Milavetz Injury Law
If you or a loved one has been hurt by the negligent actions or known inactions of a healthcare professional or medical provider in Minneapolis, our attorneys can help.
Our experienced, friendly, and knowledgeable medical malpractice lawyers will do everything they can to ensure your case has a successful outcome and walk you through the process of obtaining an adequate monetary settlement for your injuries.
Milavetz Injury Law, P.A. has successfully litigated a number of personal injury cases, including several cases with $1.6 million and $2 million settlements related to medical devices and drugs.
The attorneys at Milavetz Injury Law, P.A. can help you get the justice, representation, and compensation you deserve for your medical malpractice injury. Contact us today for a confidential, free consultation.
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305 North 5th Avenue, Suite 300
Minneapolis, MN 55401