Eagan Medical Malpractice Lawyer
Individuals who have been negatively impacted by a medical professional’s carelessness may qualify to recover damages for their medical expenses, lost wages, and pain and suffering. If you have suffered an injury due to medical negligence in or around Eagan, a medical malpractice lawyer at Sieben Polk P.A. can help you seek compensation through a medical malpractice lawsuit.
We rely on medical professionals to help us through some of our most vulnerable life events, such as pregnancy, serious illness, and surgery. Unfortunately, sometimes, they fail to provide adequate care, which causes unnecessary injury and suffering. If you have been the victim of medical negligence or malpractice, you are not alone.
According to the Institute of Medicine’s Committee on Quality of Health Care in America, as many as 98,000 people die each year from medical errors in hospitals. Other studies have shown that approximately 795,000 people are permanently disabled or die in the United States each year due to misdiagnosis of dangerous diseases. These startling statistics show that medical professionals often make mistakes, and those mistakes can have debilitating long-term consequences for their patients.
If you or a loved one were injured or developed an illness due to medical malpractice, the Minnesota medical malpractice lawyers at Sieben Polk P.A. can help you understand your options and seek compensation. Schedule a free consultation to learn more.
How to File a Medical Malpractice Lawsuit in Minnesota
Often parties are able to settle medical malpractice claims outside of court through negotiation, arbitration, or mediation. However, when the parties cannot reach a settlement agreement, the action must be resolved in court.
In order to pursue a medical malpractice lawsuit in Minnesota, you must first file a complaint with the court. When you file the complaint, you must also follow the requirements for serving the complaint on all defendants to ensure they are aware of the lawsuit. The defendants must then file an answer responding to your complaint and asserting any applicable defenses.
Again, under Minnesota law, plaintiffs must also file the required affidavit signed by their attorney and a qualified medical expert. It must certify that the expert reviewed the facts of your case and agrees that the defendant failed to meet the appropriate standard of care and thereby caused your injuries. This can be a complicated process, but our experienced medical malpractice attorneys can help you navigate these requirements and protect your rights.
At Sieben Polk P.A., we understand the legal terrain of Minnesota and the Upper Midwest. We are ready to explain your legal options and help you proceed with your medical malpractice claim. Do not wait to take legal action. We are here to help.
How Long Do I Have to File My Medical Malpractice Claim?
Normally, you must bring your medical malpractice claim within four years from the date the malpractice occurred or was discovered. The deadline is set by a law known as a statute of limitations. If you do not bring your claim within this timeframe, it will most likely be dismissed by the court, leaving you with no other legal options to seek compensation.
Accordingly, if you have experienced an injury due to medical malpractice, it is important to reach out to an experienced medical malpractice attorney as soon as possible in order to discuss your options and seek appropriate relief before time runs out. The sooner you have your case reviewed by our Minnesota medical malpractice lawyers, the sooner we can start gathering evidence to build the strongest claim possible on your behalf.
How Is Medical Malpractice Defined in Minnesota?
In general, medical malpractice occurs when a health care provider fails to meet the normal standard of care in their profession and area of specialization. The Minnesota law governing medical malpractice claims allows patients to file lawsuits against health care providers when an error, mistake, failure to correct a mistake, or other form of malpractice leaves them injured.
The applicable law defines a “health care provider” as a physician, surgeon, dentist, occupational therapist, hospital, treatment facility, or other professionals and employees furnishing services for a hospital, sanitarium, nursing home, or other institution for the hospitalization or care of human beings. Our medical malpractice attorneys can help you identify all liable parties in your case.
How Is Medical Malpractice Shown in Minnesota?
Again, in order to bring a successful medical malpractice claim in Minnesota, you must first prove that the health care provider failed to meet the normal standard of care for their profession and area of specialization. You must also show that their failure to meet this standard caused your injury.
Additionally, Minnesota law requires you to submit a sworn statement, also known as an affidavit. It must show that “the facts of the case have been reviewed by [your] attorney with an expert . . . and that, in the opinion of this expert, one or more defendants deviated from the applicable standard of care and by that action caused [your] injury.”
Common Causes of Medical Malpractice
Medical malpractice occurs when a health care provider’s carelessness causes injury to a patient. Common examples include:
- Failing to diagnose an illness or other problem
- Providing an incorrect diagnosis
- Failing to inform a patient of the potential risks of a treatment
- Delaying necessary treatment
- Performing unnecessary surgical procedures
- Performing surgery incorrectly
- Failing to properly follow up after treatment
- Inadequately training or supervising nursing staff
- Incorrectly prescribing medications
If you have experienced any of the above or related injuries, speak with our top-tier legal team to confirm if you qualify to bring a medical malpractice claim.
Our Minnesota Medical Malpractice Attorneys Are Here To Help
Unexpected injuries due to medical malpractice can be life-changing. Often, they are fatal. If you were injured due to medical malpractice, we can help you seek compensation for things like medical expenses, rehabilitation, lost wages, pain, suffering, and lowered quality of life.
Sieben Polk P.A. is here to help you understand your legal rights and pursue the compensation you deserve. Schedule your free consultation with our Minnesota medical malpractice lawyers today by calling (651) 437-3148 or filling out our online contact form. Because we take cases on a contingency fee basis, you pay nothing unless we secure compensation on your behalf.
Sources Cited On This Page
Kohn, L. T., Corrigan, J. M., & Donaldson, M. S. “To err is human: Building a safer health system.” National Library of Medicine. Accessed 31 Jan. 2024.
Newman-Toker, D. E., Nassery, N., Schaffer, A. C., Yu-Moe, C. W., Clemens, G. D., Wang, Z., Zhu, Y., Saber Tehrani, A. S., Fanai, M., Hassoon, A., & Siegal, D. “Burden of serious harms from diagnostic error in the USA.” BMJ Quality & Safety. Accessed 31 Feb. 2024.
