Minnesota Medical Malpractice: Laws, Claims and Damages
UPDATED: March 7, 2012
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MINNESOTA MEDICAL MALPRACTICE
A claim for medical malpractice in Minnesota begins when a Minnesota health care provider negligently injures a patient they are treating. An act of a health care provider is considered medically negligent when it falls below the recognized industry standard of care. There are many types of actions or omissions by a health care provider that can constitute medical negligence if they result in injuries to the patient. Such actions or omissions may include:
- Unreasonable or improper treatment, or failure to treat;
- Unreasonable delay in treatment or diagnosis;
- Misdiagnosis or failure to diagnose;
- Filling of incorrect drug prescriptions;
- Injuries incurred during the birthing process.
Who Can Be Sued in a Minnesota Medical Malpractice Case?
In Minnesota, a medical malpractice suit may be filed against any health care provider. A Minnesota health care provider is any individual or entity that is certified or licensed to practice medicine, provide medical services, or treat a patient medically. This includes many different types of healthcare providers, such as: clinics, hospitals, dentists, nurses, doctors, physical therapists, psychologists, and hospice care centers, among others. If a patient believes that they have been injured by a health care provider, but is not certain if the injuring party falls within the Minnesota definition of a health care provider, they should contact a Minnesota medical malpractice attorney to inquire.
Minnesota Medical Malpractice Statute of Limitations
If a patient believes that they have been injured by the negligence of a Minnesota health care provider, they should not delay in filing a claim. Failure to file a claim within Minnesota’s statute of limitations will result in the claim being barred. An adult patient must file a claim for medical malpractice within four years of the date of the negligent act that caused their injury. For a patient who is a minor, the statute of limitations does not begin to run until the minor turns eighteen. However, once the minor turns eighteen, they must file a suit within one year or their claim will be lost. Further, the minor may never file a claim more than seven years after the date of the injury. Because it is vital that any claim be filed within the statute of limitations, an injured patient should seek the assistance of a Minnesota medical malpractice attorney as soon as they discover their injury.
Caps on Medical Malpractice Claims in Minnesota
Minnesota law does not cap the amount of noneconomic or punitive damages an injured patient can recover in a medical malpractice case. In order to accurately determine the amount of damages a patient should be awarded in their case, a Minnesota medical malpractice attorney should be contacted.
Filing a Minnesota Medical Malpractice Claim
Minnesota medical malpractice suits are complex and expensive by nature. In order to gather evidence and build a solid case, expert witnesses must be hired, depositions must be taken, and multiple court appearances may be required, all while facing the health care provider’s strong team of defense attorneys provided by their insurance company. When there are multiple defendants in a medical malpractice case, negotiating and litigating a claim gets even more complex. An injured party only has one chance to recover for their injuries, because once a claim has been litigated in court, it cannot be filed again. To avoid making mistakes that may be detrimental to your case, consult a Minnesota medical malpractice attorney today.
Minnesota Medical Malpractice Laws
- Medical Practice Insurance: Definitions: Chp. 62F, §3.
- Limitation of Time, Commencing Actions: Two or Three Year Limitations: Chp. 541, §7.