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Medical Malpractice Cases We Take:
Medical malpractice occurs when a hospital, medical professional, or other health care professional causes an injury or death to a patient through medical error or medical negligence. This encompasses errors or delays in diagnosis, poor or insufficient treatment, surgical errors, aftercare, and/or health management.
Sustaining a medical malpractice injury—or grappling with the death of a loved one from medical malpractice—is a position few of us can imagine ourselves in. Bringing a successful medical malpractice lawsuit requires an experienced Minneapolis medical malpractice attorney to make a strong case in your favor.
If you have experienced medical malpractice, call Magna at (763) 438-3032 or simply complete our free case evaluation form and one of our Minnesota medical malpractice lawyers will be in touch with you.
“How long do I have to file a medical malpractice case?”
Minnesota statute typically allows four (4) years from the date of injury to file a medical malpractice lawsuit:
An action by a patient or former patient against a health care provider alleging malpractice, error, mistake, or failure to cure, whether based on a contract or tort, must be commenced within four years from the date the cause of action accrued.
If you have experienced medical malpractice, you need a dedicated medical malpractice lawyer at your side. Contact Magna Law Firm today to learn how we can help.
FREE CASE EVALUATION
A Team You Can Trust.
Minneapolis Medical Malpractice Lawyer
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FREE CASE EVALUATION
Medical Malpractice Cases We Take:
Medical malpractice occurs when a hospital, medical professional, or other health care professional causes an injury or death to a patient through medical error or medical negligence. This encompasses errors or delays in diagnosis, poor or insufficient treatment, surgical errors, aftercare, and/or health management.
Sustaining a medical malpractice injury—or grappling with the death of a loved one from medical malpractice—is a position few of us can imagine ourselves in. Bringing a successful medical malpractice lawsuit requires an experienced Minneapolis medical malpractice attorney to make a strong case in your favor.
If you have experienced medical malpractice, call Magna at (763) 438-3032 or simply complete our free case evaluation form and one of our Minnesota medical malpractice lawyers will be in touch with you.
“How long do I have to file a medical malpractice case?”
Minnesota statute typically allows four (4) years from the date of injury to file a medical malpractice lawsuit:
An action by a patient or former patient against a health care provider alleging malpractice, error, mistake, or failure to cure, whether based on a contract or tort, must be commenced within four years from the date the cause of action accrued.
Birth Injury
The birth of a child is generally a joyous event—but there are sometimes tragic outcomes. Birth injuries can not only rob families of this moment but can leave their children with serious, chronic, and sometimes even life-threatening conditions.
Birth injury cases are not undertaken hastily; People generally trust their doctors and don’t make accusations of negligence unless something has gone seriously wrong. If a medical issue arises but it is unclear why, our team can help grieving parents investigate what happened. Sometimes, this is the first instance that a parent will become aware that errors were made during the pregnancy and delivery. Medical malpractice cases require the testimony of medical experts; your birth injury attorney will help establish liability and damages in your case.
If you believe your child has suffered a birth injury as the result of medical malpractice, call the Magna Law team at (763) 438-3032 for a free consultation.
What is a birth injury?
Birth injuries are physical injuries that generally occur before, during, or shortly after childbirth. They can affect the mother, the baby, or both and can occur during vaginal childbirth and cesarean-section deliveries.
About 6 in 1,000 births involve some type of birth injury. While most instances are mild and resolve with time (e.g., bruising), birth injuries can also be so severe as to lead to a lifeline condition like Cerebral palsy or brain damage. Some birth injuries may even result in the death of the newborn.
Common Birth Injury Symptoms
Common birth injury symptoms include, but may not be limited to:
- Cerebral Palsy
- Fractures
- Closed traumatic brain injury (TBI)
- Seizures
- Infection
- Spinal cord trauma
- Meconium Aspiration Syndrome
- Stroke
- Erb’s Palsy
- Hypoxic ischemic encephalopathy (HIE)
- Hemorrhage
Babies suffering from a birth injury may also experience meconium aspiration, brain hemorrhages, kernicterus, cephalohematoma, and caput succedaneum. Skull fractures, facial nerve injuries, and spinal cord injuries can often occur as a result of medical negligence. In some tragic cases, a birth injury can result in a stillbirth, where the child is delivered without a heartbeat. This is a type of wrongful death case that must be handled by an experienced attorney.
Types of Medical Errors that Cause Birth Injury
Birth injuries can result from:
- Delay in diagnosing fetal distress
- Administering excessive labor-inducing medication
- The improper monitoring of fetal vital signs
- Failure to perform a C-section when medically necessary (e.g., during prolonged or difficult labor, breech birth, blood loss, etc.)
- Failure to detect dangerous umbilical cord placement
- Failure to diagnose a pregnancy-related issue in the mother
- Oxygen deprivation
- Untreated infections (in utero or after delivery)
- Failure to respond to complications, including breech birth, blood loss, and/or multiple fetuses
- Using excessive force on the baby during delivery
When You Need A Birth Injury Lawyer
Bereaved parents must not only adjust to their new role in caring for a newborn but also poring over medical records and insurance company policies to determine if they have a viable birth injury lawsuit. In most cases, hiring a birth injury attorney will result in a stronger outcome. Birth injury lawsuits may cover medical bills and pain and suffering, as well as lost wages and loss of earning capacity, both for the parent/caregiver and the child.
The physicians and hospital staff are not always to blame, but parents and loved ones deserve to know the truth of what happened. It isn’t always easy to pursue justice in cases like these. It takes courage to stand up to medical providers that you entrusted with your care and your baby’s life. Pursuing birth injury claims is vital in changing the way doctors and hospitals work so that future mistakes and misfortunes are averted.
ER & Hospital Mistakes
Emergency Room and Hospital Mistakes Lawyer | Minneapolis, MN
Hospital patients rely on emergency room doctors and medical staff to look after them, sometimes in moments of literal life or death. When ER doctors fail to care for their patients, either through an act of omission or through a treatment that deviates from the accepted standard of medical care, ER visits can leave patients worse off than when they arrived. In some tragic cases, ER and hospital mistakes result in catastrophic injuries or even death.
Magna Law Firm specializes in medical malpractice lawsuits that involve emergency room and hospital mistakes. Our hospital mistake lawyers handle everything from prescription drug overdoses to life-altering surgical injuries and fatalities. Call 763-438-3032 to schedule a free legal consultation with our law firm.
What is a hospital mistake?
Generally, hospital mistakes (or “medical mistakes”) are defined as any error, oversight, or act of negligence that occurs within a healthcare setting. Hospital mistake lawyers get involved when this leads to the harm or injury of a patient.
Hospital mistakes involve a wide range of issues and can vary depending on the patient and the type of help being administered. Hospital mistakes can lead to medical malpractice claims if they result from negligence and cause harm to the patient. To be legally actionable, the error typically needs to be shown as a deviation from the accepted standard of care that directly caused injury or damages.
Common ER and Hospital Mistakes
Common hospital mistakes may include, but may not be limited to the following:
- Medication Errors. Also called prescription errors, medication errors occur when a doctor gives the wrong medication, prescribes the incorrect dosage, and/or fails to take drug allergies into account when writing prescriptions.
- Surgical Errors: This type of hospital mistake occurs during surgical procedures. Surgical errors can happen to the area being operated on or to another part of the body; they can happen during both general and local anesthesia. Surgical errors include things like wrong-site surgery, operating on the wrong patient, or leaving surgical instruments inside the body.
- Delayed Diagnosis. When a doctor misdiagnoses their patient—or fails to catch a serious condition in its early stages—they not only delay treatment, but expose their patient to greater complications and risk.
- Anesthesia Errors. General anesthesia is a common component of many routine surgical procedures. Anesthesia errors include incorrect administration of anesthesia—either too little or too much—resulting in pain, bodily harm, or even death.
- Infection Control Failures. Hospitals have a strict protocol for preventing the spread of infectious diseases. When medical professionals fail to adhere to these protocols, often through poor hygiene practices, their patients can acquire new infections during a hospital stay.
- Communication Failures. Medical treatment plans can involve a dance between the patient, their insurance company, and their healthcare providers. A breakdown in communication between these key players can lead to hospital errors or dangerous double treatments.
- Falls and Patient Injuries: It is not uncommon for patients regaining their strength after a surgery or procedure to be weak on their feet. Hospitals have a duty to provide proper assistance to patients in active physical recovery; failing to do so exposes them to further injury.
- Failure to Monitor. Your doctor’s job is not always done after the procedure or appointment; they must also actively observe their patient’s condition, especially post-surgery or during high-risk treatments. Failing to do so can lead to medical malpractice.
- Improper Discharge: Discharging a patient too early or without adequate instructions, which could lead to worsening conditions, is another type of hospital mistake. Hospitals looking to protect their bottom line may be more inclined to move patients out quicker than is appropriate to make room for other patients.
Examples of Medical Errors That May Constitute Medical Malpractice
Medical errors will vary from case to case. Here are some examples of the most common types of hospital mistakes we see as hospital mistake lawyers:
Misdiagnosis/delayed diagnosis. A patient presenting with symptoms of a heart attack may be misdiagnosed with acid reflux, delaying critical treatment.
Surgical error: A surgeon performing a procedure on the wrong limb, resulting in unnecessary harm.
Medication error: A doctor prescribes a medication that the patient is allergic to, resulting in a severe allergic reaction.
Anesthesia error: A patient receiving too much anesthesia and suffering brain damage from oxygen deprivation.
Birth injury: A delayed C-section resulting in oxygen deprivation to the baby, causing cerebral palsy.
Failure to obtain informed consent: A doctor performs a risky procedure without informing the patient of potential complications, and the patient suffers harm.
Failure to treat (“improper treatment”): A patient is sent home from the hospital too early, without proper treatment, and suffers severe complications.
Infection: A patient contracts sepsis after surgery after improper sterilization of surgical tools.
ER errors: A patient with stroke symptoms is not treated promptly because of a staff miscommunication, resulting in long-term disability.
Testing/test interpretation error: A misread mammogram leads to delayed treatment for breast cancer.
When You Need a Hospital Mistake Lawyer
Many hospital errors have complex and life-altering consequences, including pain and suffering, medical expenses, loss of income, and emotional distress.
Suing a hospital can be similarly complicated; it often involves collecting medical records, poring over hospital policies, and fighting with insurance adjusters. When you or someone you love is harmed by a hospital mistake, it’s critical that you have an experienced hospital mistake lawyer by your side.
Magna Law Firm is here to protect the wellbeing of Minnesotans who have been injured through hospital mistakes. We fight to hold the hospital accountable and ensure that you receive full, fair compensation for your suffering.
If you have been injured as the result of a hospital mistake or medical error, speak to a hospital mistake lawyer as soon as possible. While these damages may last for years—or even the rest of your life—you must file a hospital mistake lawsuit within the statute of limitations for it to be viable.
Failure to Diagnose Cancer
Failure to Diagnose Cancer Lawyer | Minneapolis, MN
Cancer is a leading cause of death in the United States. According to the National Cancer Institute, more than two million people will be diagnosed with cancer this year, with more than 600,000 people succumbing to the disease.
When negligent doctors miss early-stage cancer screenings, they subject their patients to massive medical risks and health complications. In some cases, a failure to diagnose cancer leads to prolonged chemotherapy and recovery; in other cases, the cancer is caught too late to save the patient, and the patient dies from the disease.
When a doctor fails to diagnose cancer, their patient may be entitled to compensation for the harm this causes. Magna Law Firm stands ready to pursue cases against healthcare providers who subject their patients to cancer risk in cases involving both medical malpractice (medical negligence) as well as wrongful death.
What does “failure to diagnose cancer” mean?
“Failure to diagnose cancer” refers to a situation in which a doctor or other healthcare provider does not identify a patient’s cancer when it should have been reasonably detected. Missed warning signs, incorrect interpretation of test results, failure to order additional tests, and/or miscommunication between healthcare systems can all result in this serious medical error.
When a doctor fails to diagnose cancer in a timely manner, the disease can progress to more advanced stages, making treatment less effective—and the patient’s prognosis worse.
In legal terms, failure to diagnose cancer can constitute medical malpractice if the physician’s negligence—such as ignoring symptoms, misreading lab results, or delaying tests—deviates from the accepted standard of care and results in harm to the patient.
“Can I sue my doctor for not helping me?”
Simply put, yes. Your doctor has an obligation to care for you; if they fall short of this duty, or put you at risk for complications after a medical error, you may be able to sue them for medical malpractice. (In fact, doctors are required to carry medical malpractice insurance for this reason.)
Issues Related to A Failure to Diagnose
Failing to diagnose cancer is a serious medical error that can have devastating consequences for patients. A missed diagnosis can not only let the cancer progress to a more advanced stage, but also:
- Limit treatment options,
- Add medical costs,
- Create a heavy emotional burden on both the patient and their loved ones, and
- Reduce survival rates.
Your medical malpractice lawsuit will hinge on whether or not your doctor’s actions (or lack thereof) constitute medical malpractice under state law. Medical malpractice occurs when a doctor fails to maintain the standard of care expected of them by the medical community, resulting in harm to their patient.
Speak to a medical malpractice attorney at Magna Law Firm to learn more.
Medical Errors That May Result in a Failure to Diagnose
Below are some common issues related to a doctor’s failure to diagnose cancer. This is not meant to be an exhaustive list; other issues may also come into play in cases involving a failure to diagnose.
Failure to Recognize The Warning Signs of Cancer
Early cancer detection is a critical component of healthcare. Healthcare providers may overlook or underestimate early warning signs of cancer, such as unexplained weight loss, fatigue, persistent pain, or changes in bodily functions (e.g., changes in bowel habits). They may also fail to ask about family history, which plays a large role in one’s propensity to develop carcinoma, sarcoma, and other forms of cancer.
Misdiagnosis
Healthcare providers may misdiagnose cancer as a less severe condition. Lung cancer may be misdiagnosed as asthma, for example, or colon cancer may be wrongly diagnosed as COPD. While symptoms may look similar, it is your doctor’s job to get the diagnosis right the first time. Inadequate medical examinations often play a role in misdiagnoses.
Failure to Order Diagnostic Testing
Some healthcare providers may fail to order appropriate tests, such as imaging scans (e.g., MRI, CT scans) or biopsies, that may clarify the cause of suspicious symptoms or abnormal findings. A failure to consider cancer as a differential diagnosis—or an overreliance on a patient’s age, race, or family history—can lead to a failure to diagnose cancer.
Poor Communication
Doctors must communicate with their patients, their colleagues, and laboratory technicians to provide the best care. Failure to communicate clearly with the patient about symptoms, diagnostic tests, or follow-up care is another common issue that leads to failure to diagnose. Examples of poor communication include failing to communicate the severity of a patient’s symptoms to them, not communicating with other doctors, or losing or delaying test results.