Medical Negligence Attorney in Anoka, Minnesota
If you or someone you love has sustained an injury or illness due to someone else’s negligence, you would naturally want to seek compensation. But what if the at-fault party is a doctor or other medical professional? In these cases, filing a medical malpractice or medical negligence claim may be possible—but these claims can often be more complex than traditional personal injury claims.
It’s important to reach out to an attorney for guidance if you think you’ve been the victim of medical negligence. As an experienced medical malpractice attorney at Law Offices of Robert N. Edwards, I’m ready to help you and your loved ones move forward. From my office in Anoka, Minnesota, I offer skilled counsel and personalized advocacy to clients throughout Anoka and Sherburne counties. Additionally, I’m also licensed to practice in Arizona. Set up a consultation today to get started pursuing the peace of mind you deserve.
Medical Malpractice in Minnesota
You may have grounds for a medical malpractice lawsuit if you can show that you somehow received negligent treatment—and due to that treatment, you sustained an injury or illness. Some common examples of medical negligence and malpractice claims include:
Performing an unnecessary surgery
Making an error during surgery or operating on the wrong site (for instance performing a procedure on the wrong leg or arm)
Prescribing incorrect medication or incorrect dosages
Misreading or misinterpreting lab test results
Failing to order the correct testing for a certain condition
Not reading or properly included the patient’s medical history
Failing to provide adequate follow up care or rehabilitation
Not recognizing or addressing symptoms that lead to a larger illness or injury
Under Minnesota state law, the statute of limitations for filing a lawsuit like this is four years from the “date the cause of action accrued.” If it’s impossible to pinpoint the exact date the error occurred, you can go by the first date that you were made aware of the illness or injury. If you happen to run past this time limit, the medical practice you’re filing against may be able to request to have your claim dismissed entirely.
Who Can Be Sued For Medical Negligence?
Many people falsely believe that only doctors can be held liable for failing in their duty of care to the patient. However, there are several other medical professionals who can be found at fault, including the facilities where these medical professionals work. When you meet with your attorney, they can advise you on who the lawsuit should be brought against so that it meets all relevant legal criteria.
So, who may be held liable in a medical malpractice claim?
Hospitals or other health care facilities
Mental health care professionals
One of the key elements you’ll need to provide with your lawsuit is expert medical testimony, known as a "Certification of Expert Review." This essentially means that your attorney has reviewed all the details of the case with a relevant medical expert and that this expert officially attests that they believe the provider in question did not meet the standards of care when treating the patient. Expert testimony is used to show that the errors made by your doctor would not have been made by a reasonable doctor under the same circumstances.
What Elements Are Needed To Prove Medical Malpractice?
There are four basic criteria that you’ll need to show when filing your lawsuit. If even one of these elements is not met, then your suit will most likely not be successful.
There was an established doctor/patient relationship.
The doctor was negligent in their actions or inactions.
Their negligence led to an injury or illness.
That injury or illness caused damages.
The compensation available in a medical malpractice claim will depend on the specifics of your suit and whether the state you’re in has any caps on damages. In Minnesota, there are no caps on damages, so you are free to pursue any and all damages you incur.
Common damages include pain and suffering, loss of consortium, disfigurement, lost wages, medical expenses (both current and future), funeral and burial costs, and long-term or permanent disability. In rare cases, you may be able to sue for punitive damages, but for this, you must show that the medical provider acted recklessly (not just negligently) and showed an extreme disregard for the patient’s safety and well being
Medical Negligence Attorney in Anoka, Minnesota
If you’re in the Anoka, Minnesota area—or anywhere else in the state—and would like to speak with a personal injury attorney about an injury you received due to the negligence of a medical provider, contact me right away. At Law Offices of Robert N. Edwards, I have over 40 years of experience handling cases like this. I will use my knowledge to ensure you fully understand your options. Reach out today to schedule a consultation.