Medical malpractice occurs when a physician or other healthcare professional causes harm to a patient due to their negligence or incompetence. Based solely on this definition, filing a medical malpractice lawsuit may seem easy and straightforward.
However, such cases can be complicated due to stringent procedural rules and various other requirements. Working with a medical malpractice lawyer in Minneapolis can help ensure you are following all necessary steps and submitting all requested documents to prove the malpractice claims.
Basic Requirements to Prove a Medical Malpractice Claim
There can be slight differences regarding the standards and regulations surrounding medical malpractice claims based on the state. However, there are four basic elements necessary to prove that a medical malpractice occurred:
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Existence of a doctor-patient relationship. This can be proven by showing that the patient received care, treatment, or professional medical advice from the physician.
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Breach of medical standards of care. The patient needs to show that the doctor caused harm due to negligence, lack of competence, or otherwise acting outside the accepted standards of medical care.
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Breach of duty or negligence caused injury. The plaintiff must submit evidence, such as medical records or expert testimonies, that support any physical injury or mental illness caused by the physician’s negligence.
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Injury led to compensable damages. Aside from suffering harm, the plaintiff must show evidence that they incurred specific, compensable damages due to their injury, such as additional medical bills, lost time at work, or diminished earning capacity.
Medical Malpractice Statute of Limitations
Aside from the four basic elements of proof, patients also need to be aware of the statute of limitations. The statute of limitations refers to the set time or deadline that plaintiffs can file their lawsuit. This should be one of the first things plaintiffs discuss when consulting a medical malpractice attorney in Minneapolis.
For medical malpractice suits in Minnesota, the statute of limitations extends up to four years from the date the alleged malpractice occurred. Filing a lawsuit outside of the four-year deadline will likely result in the physician or their affiliated hospital asking for a case dismissal and the court granting the motion.
Consult a Medical Malpractice Attorney in Minneapolis
Reaching out to a medical malpractice attorney in Minneapolis is recommended to ensure you abide by Minnesota’s set of rules. The lawyer can review your case and help you determine the value of your case. A medical malpractice attorney can also assist with negotiations, fighting potential claims denial, and more.
Contact Magna Law Firm today at (763) 438-3032 for medical malpractice case assistance and representation.
