Minnesota Medical Malpractice Summary
Minnesota has defined Medical Malpractice and the required process for bring a claim under Minnesota Statute §145.682. It is required that the injured plaintiff received care or medical treatment which is below or deviated from a minimum standard of care, which is determined by an analysis of standard practices in Minnesota. It is also required that experts determine the breach in the standard of care was caused injury or death. Finally, you must establish all the relevant damages: for past and future medical expenses, pain and suffering, emotional distress, disfigurement, loss of bodily function, wage loss, and others dependent on the facts of your medical malpractice claim.
There are many types of health care provider malpractice cases in Minnesota some examples, include:
• Misdiagnosis / failure to provide necessary medical care;
• Surgical Error;
• Claims against hospitals;
• Nursing homes and assisted living providers;
• Pharmacy errors
More Information About Medical Malpractice Cases Which Lead to Wrongful Death
Pursuant to Minnesota Statute 573.01, most claims related to a personal injury case dies with the patient unless it is a factor in their death. The statute states: A cause of action arising out of an injury to the person dies with the person of the party in whose favor it exists, except as provided in section 573.02. All other causes of action by one against another, whether arising on contract or not, survive to the personal representatives of the former and against those of the latter.
In cases where someone dies from reasons unrelated to the medical malpratice claims for the special damages (usually medical bills) related to the alleged malpractice injuries under Minnesota Statute 573.02.
If you have a medical malpractice claim you need an experienced attorney to assist since they are often complicated cases which includes the gathering the correct information to investigate the merits of the claim, the use experts to support your allegations, and to use of the law and facts to maximize damages. For a free consultation with Attorney Kenneth L. LaBore, call him directly at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com