Minneapolis Medical Malpractice Lawyer
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. From 2017 to 2023, Minnesota has seen an increase in reported medical malpractice events.
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 Minneapolis Medical Malpractice attorneys can help.
We will do everything we can to ensure your case has a successful outcome and walk you through the process of obtaining an adequate monetary settlement for your injuries.
Our firm has successfully litigated several medical malpractice cases, including cases with $1.6 million and $2 million settlements related to medical devices and drugs.
The Minneapolis Medical Malpractice 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 by filling out a form on our website or by calling 763-560-0000.
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How can a Minneapolis Medical Malpractice Lawyer Help?
At Milavetz Injury Law, P.A., our medical malpractice attorneys will take care of all aspects of your case, including:
We’ll review 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.
Types of Medical Malpractice & Negligence Claims in Minnesota
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 misdiagnosis or delayed diagnosis 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.
Common Injuries in Minnesota Medical Malpractice Cases
Primary Causes of Medical Malpractice & Negligence in Minnesota
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
Liable Parties in Minnesota Medical Malpractice Cases
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.
How long do you have to file a medical malpractice lawsuit 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.
Does Minnesota have a cap on damages in medical malpractice lawsuits?
Minnesota does not have a cap on the amount of damages you can recover in a medical malpractice lawsuit.
What is Minnesota’s 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.
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Minneapolis Office Location
305 North 5th Avenue, Suite 300
Minneapolis, MN 55401
Content Reviewed by:
Alan Scott Milavetz