Medical Malpractice FAQ

Frequently Asked Questions Regarding Medical Malpractice in Minnesota

What is considered medical malpractice in Minnesota?

In Minnesota, medical malpractice occurs when a healthcare provider deviates from the accepted standard of care in the medical community and causes injury or death to the patient. It can include errors in diagnosis, treatment, aftercare, or health management.

What should I do if I think I have a medical malpractice claim in Minnesota?

If you believe you have a medical malpractice claim in Minnesota, document all relevant information, collect your medical records, and consult a Minnesota attorney experienced in medical malpractice claims to assess your case.

What losses can I seek to recover in a medical malpractice lawsuit in Minnesota?

Victims of medical malpractice in Minnesota can seek to recover damages for past and future medical expenses, lost wages, loss of earning capacity, pain and suffering, and sometimes punitive damages if intentional misconduct was involved.

What is Minnesota’s statute of limitations for medical malpractice claims?

In Minnesota, the statute of limitations for filing a medical malpractice claim is generally four years from the date the injury was discovered. However, certain circumstances can affect this timeframe, so consulting an attorney is of critical importance to ensure you properly prepare and file ahead of the deadline.

Can I still file a malpractice lawsuit in Minnesota if I signed a consent form before treatment?

Signing a consent form does not waive your right to pursue a malpractice claim in Minnesota if you can prove that the injury was caused by the healthcare provider’s negligence or failure to meet the standard of care.

Are there caps on damages in Minnesota medical malpractice cases?

Minnesota does not impose caps on either economic or non-economic damages in medical malpractice cases. This means there is no limit to the amount of compensation that can be awarded for losses such as medical expenses or pain and suffering.

How is fault determined in a medical malpractice case in Minnesota?

Fault in a Minnesota medical malpractice case is determined by establishing that the healthcare provider breached the standard of care and that this breach directly caused the patient’s injury. Expert testimony is often required to prove both elements.

What challenges might I face in pursuing a medical malpractice claim in Minnesota?

Medical malpractice claims in Minnesota are complex and can be challenging to prove. Challenges include establishing the healthcare provider’s fault, demonstrating the extent of the injuries, and navigating the legal and procedural requirements of the Minnesota court system. Our experienced Minnesota medical malpractice attorneys at RSC Law can guide you.