Medical Malpractice

Knowledgeable Medical 
Malpractice Attorneys

Trusted Accident and Personal Injury Attorneys | 60 Years Combined Experience | Free Initial Consultation

Trusted Accident and Personal Injury Attorneys 

60 Years Combined Experience 

Free Initial Consultation

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Call Us If You have Suffered Negligence by the Hands of a Medical Practitioner

When you are putting your trust in the hands of a professional, mistakes should not be made. If you feel that you or a loved one has suffered from medical malpractice, contact our office today. 

What is Medical Malpractice?

Medical malpractice is when a doctor, surgeon, or qualified practitioner in medicine causes intentional or unintentional harm to the patient.


There are a variety of rules and regulations that need to be followed, and numerous medical records have to be analyzed since the burden of proof is on the plaintiff to justify a court case. 


Statute of Limitation for a Medical Malpractice Suit


The statute of limitation in Minnesota is four years to file a medical malpractice suit, and the actual date of the medical error is what is referenced. If you try to file a medical malpractice lawsuit after the four years have expired, the defendant can file a motion asking the judge to dismiss the case, and in very rare instances will the court not grant such a motion.


If the plaintiff is under the age of 18, the statute of limitations will not start until the plaintiff's 18th birthday. Bear in mind, however, that in Minnesota, any suspension of the deadline cannot be extended for more than seven years or for more than one year after the plaintiff has reached 18 years of age.


Certification of Expert Review


In Minnesota, there's a requirement for any medical malpractice lawsuit to have what is called the "certification of expert review" process. This means that any lawsuit alleging malpractice, mistake, error, or failure to cure against the healthcare provider, a qualified medical expert is required to provide testimony.


The plaintiff must file an affidavit stating the details of claim have been reviewed with the attorney along with a qualified medical expert, and the professional's expert opinion, there was at least one healthcare provider who deviated from proper procedure regarding the medical standard of care to treat the plaintiff, and harm was caused to the plaintiff in the process.


Please note that the affidavit must be filed alongside the initial complaint which is the document that details the plaintiff's claim. If the plaintiff is unable to ascertain the required consultation from a professional in the medical field along with complying with Minnesota's statute of limitations for a medical malpractice suit, the plaintiff will have 90 days to file. 


Shared Fault


There may be more than one individual responsible for medical malpractice in a hospital setting. A number of members involved in an operation at a hospital may be held accountable for negligence together. Parties who share fault share what is called "joint and several liability" or any one of them can hope for damages if the others cannot reimburse the plaintiff.


In the state of Minnesota, there has to be more than 50% of the negligent parties being at fault. They can be held responsible if they planned on causing injury, were trying to commit an intentional tort, or broke some environmental law. Each party can only be held liable for some of the damages if they don't fit into any of these categories.

 

Minnesota does not have a cap on medical malpractice damages, so a plaintiff is able to recover all financial losses due to the defendant's negligence. Feel free to ask us any questions regarding how the law works in Minnesota if you need to file a medical malpractice suit.

Various Forms of Medical Malpractice

 

  • Hospital infections
  • Medication error
  • Failure to diagnose
  • Misdiagnosis
  • Nursing home neglect or abuse
  • Adverse drug reactions

 

Do I Have a Case for Medical Malpractice?

Medical malpractice cases can be very complex and difficult to prove. If you feel you are the victim of medical malpractice, you will want to hire an experienced attorney to help you sort through the details.


The attorneys at Rutzick Law are experienced, and one of the things that sets us apart is that you will work with an attorney on your medical malpractice case. It is our commitment to strong communication and personal attention that sets us apart from other attorneys.

Let Us Come to You in Your Time of Need

Don't worry about having to muster up the strength to visit our office. We understand that you are not feeling your best; otherwise, you wouldn't have a case! We will come to you to discuss your case, make sure you are comfortable, and decide on a plan of attack.

We will get you the money you need to keep on living your life.

Call us with your questions today!

(651) 221-1022

(651) 221-1022

Receive a FREE consultation with one of our experienced attorneys.

Learn More About

Rutzick Law Offices

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