People go to hospitals and doctors to feel better. Sometimes, however, the healthcare provider’s negligence can cause your health to deteriorate further. If your healthcare provider fails to provide you with the necessary care and treatment, you can file a medical malpractice lawsuit against them to recover damages.
According to the 2019 Medical Malpractice Payout Report presented by LeverageRx, the top three allegations in medical malpractice in the US were related to diagnosis (34.1%), surgery (21.4%), and treatment (21.1%).
Filing and winning a medical malpractice claim is often a challenging task. That’s why it is necessary to understand how the process works in Hutchinson, MN.
Here is what you need to know.
1. Understand the Definition of Medical Malpractice in Minnesota
Medical malpractice is nothing, but the consequence of professional negligence by a healthcare provider. It can lead to severe health issues, injuries, disabilities, and even fatalities, in some cases. Medical malpractice is a part of Minnesota’s personal injury law.
According to the Minnesota Statutes Section 541.076, medical malpractice is an action by a patient or former patient against a healthcare provider alleging malpractice, error, mistake, or failure to cure.
As per the law, the healthcare provider can be a physician, surgeon, dentist, occupational therapist, other healthcare professionals, hospital, or treatment facility. Minnesota has a four-year statute of limitations for filing a medical malpractice claim. You can file this lawsuit with the help of an experienced personal injury lawyer in Hutchinson, MN within this time limit.
2. Critical Factors for Filing a Successful Medical Malpractice Lawsuit
In a medical malpractice lawsuit, the burden of proof rests on the plaintiff or the patient. That’s why having an experienced personal injury lawyer in Hutchinson, MN on your side is extremely critical. To file a successful medical malpractice claim, you need to establish the following four factors or elements:
1. Doctor-Patient Relationship
To prove that a healthcare provider’s negligence caused you harm, you must first prove that there was a doctor-patient relationship at the time of the alleged incident. However, as this is not a very difficult element to prove, the defendant is unlikely to challenge it.
2. Negligence or Breach of Medical Standard of Care
The medical standard of care is the most critical element in a medical malpractice claim. In the eyes of the law, a breach of the medical standard of care occurs when a healthcare provider acts out of the accepted standard of patient care.
Usually, your experienced personal injury lawyer in Hutchinson, MN will call a medical expert to testify as a witness and tell the judge and the jury what a skilled professional would have done in a similar situation. Likewise, the defendant can also present the court with expert witness testimony to support their actions.
3. Breach of Medical Standards of Care Caused the Injuries
The next step is to establish the link between medical negligence and your injury or illness. You have to prove that the healthcare provider’s negligence made your existing medical condition worse or caused additional harm or suffering. Again, you can use expert testimony to help establish this element of your claim.
4. Injuries or Illness Resulted in Real and Compensable Damages
The last step is to prove that you have suffered real and compensable damages due to the said negligence. You can ask to recover the cost of additional medical treatment, medication, and lost income. You can also get compensated for emotional and physical pain and suffering.
3. How Much Compensation Can You Get?
Minnesota personal injury law is quite complex, plus each medical malpractice case is unique, making it difficult to say how much compensation you can get. However, the latest available data states that in 2018, there was a total medical malpractice payout of $39,211,800 in Minnesota, with an average payment of $653,530.
However, you should consult an experienced personal injury lawyer in Hutchinson, MN to discuss your case. Don’t jump to any conclusions or accept any offers from the healthcare provider or their insurance company before talking to your attorney.
4. How an Experienced Personal Injury Lawyer Hutchinson, MN Can Help
Your attorney will play a critical role in helping you file a successful medical malpractice lawsuit. As you can see, these lawsuits often involve several medical expert testimonies, in-depth investigations, and usually a long and arduous trial. Your lawyer will help you gather the necessary evidence, file the paperwork, and prove these four elements in court.
Make sure to hire an experienced personal injury lawyer in Hutchinson, MN who specializes in handling medical malpractice claims. The more experience the lawyer has, the better
Medical malpractice claims are very complicated. Hopefully, this brief article will help you understand the process, law, and the legal intricacies involved in such claims. However, as this certainly isn’t the type of legal matter that you can handle without a team of professionals, you should consult a competent attorney as soon as possible.
Consult an Experienced Personal Injury Lawyer in Hutchinson, MN Today!
If you are thinking of filing a medical malpractice lawsuit in Minnesota, you can get the best legal help at Carlson & Jones, P.A. Our expert lawyers can help you get the compensation you deserve. Call us on (855) 976-2444 or contact us online to schedule an appointment.