Saint Paul Medical Malpractice Lawyers

When you seek medical care, you expect doctors and other medical professionals who treat you to do everything they can to protect your health and well-being. If they fail to uphold accepted standards of care, you could suffer severe or life-threatening injuries.

The legal team at TSR Injury Law understands how serious and often permanent medical malpractice injuries can be. We have a proven track record of recovering millions in compensation on behalf of our clients. This includes a $140,000 recovery for a client who suffered liver damage due to a surgical error. Co-founder and managing partner Steven Terry is a member of the National Trial Lawyers Association – Top 100.

If you think you may have a medical malpractice claim, contact a Saint Paul medical malpractice lawyer from our firm for a free consultation. There are no upfront fees involved. You can reach out to us anytime, 24/7.

Give us a call at (612) TSR-TIME to get started.

Proving a Case for Medical Malpractice

A medical malpractice claim is a legal action by a current or former patient against a health care provider in a hospital or treatment facility due to malpractice, error, mistake, or failure to cure (Minnesota Statutes section 541.076).

Health care providers that could possibly be held responsible for medical malpractice include:

  • Physicians
  • Surgeons
  • Nurses
  • Caregivers
  • Specialists
  • Pharmacists
  • Technicians
  • Anesthesiologists
  • Occupational therapists

… and any other staff member or medical professional acting within the scope of his or her employment.

There are four things your attorney must prove in a medical malpractice case:

  • The existence of a doctor-patient relationship – This working relationship starts when the doctor agrees to diagnose and treat you. The doctor then owes you a duty of care to inform you of the known risks of a procedure or taking a certain medication, as well as supervising your medical care.
  • The medical professional was negligent – The doctor must have failed to uphold this duty of care by acting in a negligent or careless manner. You must prove he or she did not provide treatment within the accepted medical standard of care as another reasonable doctor with the same background and education would have under similar circumstances.
  • Negligence caused your injury – The doctor’s negligence must have directly caused your injury. For instance, had the doctor not failed to order the necessary tests that would have offered a diagnosis of your condition, you would have been unharmed.
  • You suffered damages due to your injury – Damages could include medical costs and loss of wages.

Since 1998, our legal team has been helping clients throughout Ramsey County and across the state fight for fair and just compensation. Let a St. Paul medical malpractice lawyer review your claim free of charge to determine if you may have a valid case.

Free Consultation. Ph: (612) TSR-TIME.

Difference Between Medical Negligence and Medical Malpractice

When you see a doctor or health care provider, there is always a chance for an error. Sometimes those mistakes may warrant a case for medical malpractice or negligence. While both terms appear to be the same thing, there are key differences victims should be aware of.

Medical negligence occurs when a doctor causes harm to a patient unknowingly, either through his or her own ignorance or failing to take action when it is necessary. For instance, perhaps a medical professional prescribed a medication without knowing it could react dangerously with other medications the patient is currently taking. This negligence could lead to the patient suffering adverse or life-threatening side effects.

Medical malpractice occurs when a doctor is aware of the potential consequences of his or her actions or inaction but continues with treatment or care anyway. For instance, perhaps a surgical team rushes a procedure and fails to sterilize the surgical equipment. Cutting corners could lead to the patient suffering a serious infection and going into septic shock.

Have questions about medical malpractice or negligence? Call an experienced Saint Paul medical malpractice attorney for a free legal consultation.

What Types of Compensation May Be Available?

If you have a viable case, you may be eligible for compensation, but this will depend on your particular circumstances. This includes the severity of your injury, incurred medical expenses, related costs you expect to incur in the future and more. Damages from medical malpractice generally may include the following:

Compensatory Damages

Compensatory damages are meant to compensate victims for their injuries and intended to make them whole again. These damages can be economic and non-economic:

  • Medical expenses
  • Hospital stays
  • Physical therapy
  • Prescription medications
  • Lifelong assistive care
  • Surgical costs
  • Imaging tests
  • Disfigurement
  • Disability
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Emotional distress
  • Loss of consortium or companionship

Punitive Damages

In some rare cases, punitive damages may also be awarded. These damages are meant to punish the responsible party for malicious or intentional negligence and to discourage others from doing the same thing.

There is no cap or limit on the amount of damages our lawyers can pursue in a medical malpractice case in Minnesota. We are prepared to seek the full value of your damages if we represent you.

Contact our office today by calling (612) TSR-TIME.

Filing a Medical Malpractice Claim in Minnesota

Minnesota’s statute of limitations sets a limit on the amount of time you have to take legal action. Not adhering to this time limit may result in the dismissal of a case and losing the right to obtain compensation.

For the majority of medical malpractices, you generally have four years from the date of the injury to file. If you were not reasonably or immediately aware of your injury, this time limit may be extended. Minors who suffered injuries caused by medical malpractice will not see the statute of limitations start to run until they reach 18 years of age.

Every case has its own unique set of circumstances, which is why we encourage you to reach out to one of our dedicated Saint Paul medical malpractice attorneys for legal help.

Paying Taxes After A Medical Malpractice Settlement

Should we represent you and recover compensation, you may have to pay taxes on a medical malpractice settlement. This will depend upon the nature of your damages.

According to the Internal Revenue Service (IRS), while a settlement is not considered wages or salary, it is considered compensatory. Compensatory does not necessarily mean it is nontaxable – assuming this could leave you owing a large amount of money in taxes.

The IRS typically deems any money related to physical injuries or sickness as nontaxable. This includes physical pain and suffering. However, any emotional distress or mental anguish not related to your injury or illness could be taxable.

In the event you recover punitive damages, this money is almost always taxable, even when directly related to physical injuries or illnesses.

Common Examples of Medical Malpractice

Medical malpractice can happen at any point during treatment. For over two decades, our legal team has handled a variety of medical malpractice cases. Some of the most common include, but are not limited to:


A misdiagnosis can happen when a doctor or medical professional:

  • Fails to properly diagnose a patient’s medical condition
  • Incorrectly claims that a patient does not have an illness
  • Diagnoses a patient with an illness he or she does not have

This could result in serious harm to the patient or even death.

Delayed Treatment

A delay in treatment can cause a patient to not get the adequate treatment he or she needs. The longer a doctor or medical professional takes in giving a correct diagnosis, the greater risk the patient has of suffering serious injuries. A patient may not have long life expectancy if cancer goes undiagnosed until Stage 4.

Surgical Errors

A surgical error can happen when a surgeon or surgical team:

  • Operates on the wrong patient, wrong side of the body or body part
  • Fails to sterilize surgical equipment before a procedure
  • Leaves surgical tools inside a patient’s body
  • Performs a medically unnecessary procedure and removes healthy organs

Surgical errors could result in life-changing injuries such as disfigurement and disability.

Medication Mistakes

A medication mistake can happen when a doctor or medical professional:

  • Administers the wrong medication or dosage amount to a patient
  • Prescribes a medication known to interact dangerously with other drugs being taken
  • Fails to take a patient’s medical history into account for allergies to medications

Serious health issues caused by a medication error could include accidental overdoses.

Anesthesia Errors

An anesthesia error can happen when an anesthesiologist gives a patient too much, not enough or the wrong anesthesia. Failing to check a patient’s medical history for known allergies, previous reactions to anesthesia or other health-related complications could lead to permanent injuries such as brain damage.

Birth Injuries

Birth injuries can happen when an OB-GYN or medical staff:

  • Fails to identify a birth defect or ectopic pregnancy
  • Incorrectly monitor signs of fetal distress
  • Fails to perform a timely emergency C-section
  • Improperly uses labor and delivery tools

This could result in devastating consequences to the mother and child.

Acquired Infections

Infections acquired in a hospital or treatment facility could result in fatal injuries if left undetected or untreated by a health care provider. Post-surgery infections could lead to sepsis, a life-threatening condition that can result in serious and often irreversible organ damage.

Call a Saint Paul Medical Malpractice Attorney for a Free Case Review

Was your injury caused by a doctor or other medical professional’s negligence?

You may be eligible to file a claim for compensation and our attorneys welcome the opportunity to review your situation during a free and confidential consultation. We do not charge upfront fees for our services. You only pay us if we help you recover compensation.

Our firm has more than 20 years of experience representing Minnesota injury victims and we have recovered $300 million in compensation on their behalf.

Need legal help? Call TSR Injury Law at (612) TSR-TIME.

Minneapolis Medical Malpractice Lawyers

Medical malpractice cases are often complex and require thorough knowledge of relevant laws. If you or a loved one has sustained an injury from a medical procedure, it may be beneficial to contact an experienced Minneapolis medical malpractice attorney for assistance.

At TSR Law Firm, we have many years of experience handling medical malpractice claims, including a $140,000 settlement for a woman who suffered liver damage because of the doctor’s negligence during gall bladder surgery. Our co-founder Steven Terry has been recognized by Super Lawyers and is a former president of the Minnesota Association for Justice.

Contact our offices for a free, no obligation consultation with one of our experienced lawyers. Our services are provided on a contingency fee basis, so there are no legal fees or upfront cost. We only get paid if we reach a settlement or court victory.

Reach out to us today by calling (612) TSR-TIME.

Am I Eligible to Pursue Compensation?

Proving a medical malpractice claim is often a complex task that can benefit from the help of a licensed medical malpractice attorney. There are four elements to medical malpractice that must be established to pursue compensation:

  • A doctor-patient relationship existed – This relationship is established after a doctor begins treating you. Treatment includes discussing your illness and possible treatments, prescribing medication and performing medical procedures, among other things. The doctor-patient relationship is usually established with your medical records.  
  • Medical provider was negligent – Next, you must prove your doctor was negligent in treating or diagnosing your condition. It is important to note that you do not have a case simply because you were dissatisfied with the results of your treatment. Your attorney must show the medical professional did not provide care that met accepted medical standards based on the situation. Minnesota requires victims to file an affidavit of merit with their lawsuit explaining how standards were not met. This must be written by a qualified medical expert. Our experienced attorneys have access to qualified experts who can create a document to help validate a case.
  • Negligence caused you injury – This means you must link your injury to the medical provider’s negligence. If not for medical malpractice, you would have been unharmed. An example of this could be suffering an infection because a sponge was left inside your body during surgery.
  • You suffered specific damages – You must show your injury caused you to suffer specific damages, such as additional medical bills, physical pain, emotional trauma or lost income for the inability to work.

Need some help? Complete our Free Case Evaluation form or call us at (612) TSR-TIME.

Who Can Be Held Liable?

Medical procedures often involve multiple staff – from surgeons and nurses, to anesthesiologists, radiographers, assistants and more. In some instances, there may be an issue that implicates a medical facility or other parties that may be associated with equipment used in a procedure. This means that multiple parties may potentially be held responsible for the injuries that you have received.

Minnesota law says when multiple parties are at fault, they are responsible for damages in proportion to their percentage of fault. However, sometimes one party can be liable for the whole award, if that party commits an intentional tort. A person that is responsible for more than 50 percent can also be held liable for the whole award, as can two or more persons acting in a common scheme that results in an injury.

If you have any questions about liability for your injuries, our Minneapolis medical malpractice lawyers at TSR Injury Law are ready to discuss your claim in a free consultation.

What is the Value of My Case?

The value of a case depends on a number of factors, including the severity of your injuries and how they may affect your everyday life. For instance, if your injuries require you to undergo additional medical procedures, like corrective surgery or physical therapy, you may be able to pursue compensation for the cost of those procedures and future medical expenses you may incur.

These additional needs could also hold you back from returning to work, which may cause you to lose wages and suffer a hit to your future earning capacity. These damages may be compensable in a medical malpractice claim.

Medical malpractice may also bring emotional trauma to your life from depression, loss of enjoyment of life, and it could greatly impact relationships with your loved ones.

Most states apply damage caps for non-monetary damages, which places a limit on the amount of compensation you may be awarded. However, Minnesota does not have these damage caps. So, your lawyer can negotiate to try to obtain full compensation for your damages.

It is important that you reach out to a Minneapolis medical malpractice lawyer to better understand the value of your claim and how we may assist you in pursuing compensation for your monetary and emotional losses.

Deadlines for Pursuing a Medical Malpractice Case in MN

It is important that you act quickly to determine if you have a case, as Minnesota has a statute of limitations that sets a deadline for filing a lawsuit. The statute for many cases is four years from the date of the injury. However, sometimes victims do not discover the injury right away. In these situations, the four-year clock may not start to run until the victim discovers or should have discovered an injury.

As the deadline may vary for each claim, we recommend contacting our attorneys as soon as possible. There is limited time and if the deadline for your claim passes, you may be barred from filing it.

How Can a Lawyer Help?

Medical malpractice cases that are handled by a licensed attorney obtain more in financial compensation compared to those where the plaintiff does not have legal representation.

Insurance companies will also often become involved shortly after a dispute and/or claim is filed with a medical facility. These insurance companies often request victims to provide statements or other information about the incident and can use that information to discredit your claim. In the event that the plaintiff is unable to counter the argument by the insurance company, the amount of available compensation can be significantly reduced. Having an experienced attorney on your side can help to provide guidance on what questions you can or do not need to answer, along with ensuring that your interests are being protected during the course of litigation.

Medical malpractice cases are also complex and require a thorough understanding of the laws and procedures that may apply to your specific situation. We encourage you to consult with a trusted lawyer from TSR Injury Law because we have the legal knowledge and experience to pursue these kinds of cases.

At TSR Injury Law, we may be able to assist with the following tasks in the legal process, if you have a case:

Gathering Evidence

Evidence is key to every lawsuit, and it is important that it is robust enough to allow your attorney to build a strong case. If we determine that you have a case, we are prepared to carefully investigate the situation, which may include collecting photos and videos, gathering medical documentation, and consulting with medical experts in the field.

Handling Communication

There may be many parties involved in your case, from insurance companies to other physicians. We can handle all communication and keep you updated with the progress.

Negotiating a Settlement

We are professional negotiators. If we feel that the insurance company is lowballing the value of your claim, we are prepared to pursue the full value of your case. We are also prepared to bring your case to court and can guide you through this process.

Contact us today for your free consultation. Phone: (612) TSR-TIME.

Common Examples of Medical Malpractice

There are many examples of medical mistakes or oversights that could qualify as medical malpractice. Our Minneapolis medical malpractice lawyers are available to assist victims of many types of malpractice, including, but not limited to:

  • Anesthesia errors – These errors can include not giving a patient enough anesthetic – or providing too much – and not providing clear instructions to a patient prior to a procedure. For example – not being clear about when a patient should stop consuming food before a surgery.
  • Birth Injuries – Some birth injuries are caused by unavoidable conditions that develop for you or the child. For example, large infants (weighing over 8 lbs, 13 oz) are more likely than average-sized infants to sustain birth injuries. Premature infants and mothers with certain conditions are also at risk.However, other birth injuries are avoidable. Too often there is negligence on the part of doctors, nurses, or other health care workers — unnecessary intervention, failure to efficiently react to an emergency, incorrect use of medical equipment, and medication error can create long-lasting or even permanent damage.Common types of birth injuries may include:
    • Cephalohematoma
    • Facial Paralysis
    • Brachial / Erb’s Palsy
    • External Injuries
    • Internal Injuries
    • Cerebral Palsy
    • Brain / Spinal Damage
    • Infection
  • Misdiagnosis or delayed diagnosis – can result in serious complications and there may be a wide variety of reasons that treatment is sometimes delayed. These reasons can include:
    • Negligence in diagnosis: Sometimes a medical professional will simply not notice certain symptoms, causing them to overlook a serious disorder. Misdiagnosis can also lead to a delay of much needed treatment.
    • Your doctor fails to listen to you or take your symptoms seriously.
    • You have been taking treatment for a reasonable amount of time with no improvement.
    • Your symptoms are not consistent with the diagnosis you were given.
    • Your diagnosis is based only on a lab test, with no other tests to confirm.
    • You have requested but never received a specific test.
    • Failure to document: If a patient is transferred from one facility to another, it is very important for workers at the second facility to have all the relevant information. Without this data, they may have to repeat certain tests, costing the patient valuable time.
    • Emergency respondent error: Avoidable human mistakes can cause ambulances and other emergency response vehicles to reach patients or transport them to a facility too late.
    • Understaffed facilities: Sometimes a patient arrives at a health care facility in emergency condition, only to find that no one is available to give treatment. Sometimes the patient’s symptoms become much worse, even fatal, before a doctor becomes available.
  • Undiagnosed conditions – patients that suffer from an undiagnosed condition can result in injuries that escalate quickly. For example: pelvic fractures that go undiagnosed can result in chronic pain for the rest of a patient’s life. An undiagnosed birthing or pregnancy complication can result in trauma for the mother and the baby, a birth disorder or fatality of the infant in utero or at birth. Some other examples may include:
    • Undiagnosed cancer
    • Undiagnosed complications due to medical devices
    • Undiagnosed brain and spine injuries
    • Undiagnosed infections
    • Undiagnosed internal bleeding
  • Chiropractor errors – commonly, the errors committed by negligent chiropractors fall into one of two categories:
    • Failure to correctly diagnose a problem. As with other fields, some chiropractors are so devoted to their form of medicine that they believe it can cure any ailment. People have been seriously injured by receiving only chiropractic treatment when their condition actually required a conventional medical doctor.
    • Damage to body parts. Although many chiropractors are committed to their patients’ health and safety, some are less attentive. Patients can be seriously injured by reckless manipulation of their joints, bones, and muscles. Those with weakened or damaged bones or muscles are especially at risk.
  • Infections – are commonly the result of negligent care provided by the hospital staff after a surgery. Other causes can be the use of contaminated surgical implements, contamined tissue samples and the use of medical devices that may encourage the growth of bacteria.
  • Medical equipment failures– if medical equipment breaks down then this can result in serious life altering injuries and illness. Medical equipment break downs can happen for a number of different reasons:
    • Inadequate servicing and maintenance
    • Improper operations from a medical professional
    • Manufacturing defects and errors
    • The design of the machine is faulty
    • The area where the machine is sitting is faulty or the building is faulty
    • Incorrect procedures taken when using the equipment
    • A lack of supplies or materials
  • Lack of communication during surgery or a hospital stay – when medical staff fail to communicate adequately, it can result in important patient health information not being shared. This can result in serious diagnosis and treatment errors.
  • Postoperative negligence – this type of service is the treatment that is given to a patient following a procedure. Some examples may include medical staff not monitoring a patient or not cleaning a wound resulting in an infection.
  • ER mistakes – Ideally, emergency room employees are highly knowledgeable, thoroughly trained professionals equipped to provide people necessary medical care. At the emergency room, you should be treated with:
    • Speed
    • Accuracy
    • Efficiency

    Sadly, some patients encounter negligent or overworked emergency room personnel who only make their physical condition worse. Over the years, countless patients have been injured when emergency room employees:

    • Gave them contaminated blood transfusions
    • Gave them incorrect medications
    • Made a medication dosage error
    • Failed to properly monitor their well-being

    The consequences of these mistakes can be:

    • Long term health problems
    • Disabilities
    • Lasting pain
    • Death

    An Important Note on EMTALA

    The Emergency Medical Treatment and Active Labor Act was passed in 1986 to protect the rights and health of uninsured patients. Prior to the passage of this act, there was a widespread problem with hospitals turning away emergency patients who did not have adequate insurance coverage.

    EMTALA requires all hospitals in the country to:

    • Provide a health evaluation to anyone claiming to need emergency care, to determine if an emergency medical condition (EMC) truly exists
    • Treat any EMCs until the patients are stabilized, or transfer them to another hospital if the hospital does not have the resources to treat certain conditions
    • Accept any transferred patients they are capable of treating

    If a hospital’s emergency room has turned you away while you were experiencing an emergency medical condition, failed to properly diagnose or monitor you, or failed to transfer you to a hospital with the necessary specialists to treat your condition, you may have been the victim of medical malpractice.

  • Surgical error– frequently, patients scheduled for any kind of surgery feel apprehensive about their upcoming procedure. It is frightening to think of being in such a vulnerable position — unconscious or numbed — while a very important and sometimes risky medical procedure is performed. Fortunately, most patients emerge from the operating room without experiencing any complications and with a prognosis for a full recovery.However, there are negligent surgeons who have caused serious injuries to their patients. Some of these patients have experienced permanent health problems as a result; while, tragically, some died of the injuries sustained. Our Minnesota Medical Malpractice Attorneys are prepared to represent victims of the following surgical errors:
    • Wrong Site Surgery
    • Incorrect Procedure
    • Mishandling of Surgical Instruments
    • Foreign Objects Inside Body Cavity
    • Surgery on Wrong Patient
    • Improper Suturing
    • Post-Surgery Complications
  • Medication error – many include administering and/or prescribing incorrect medication to a patient and/or not providing enough of the correct medication (or too much of the medication).
  • Lack of informed consent– one of the most important standards that medical professionals are held to is the requirement to obtain informed consent before performing any procedure on a patient. Minnesota law clearly states that patients are legally entitled to be fully informed about their health and treatment. If you did not consent to treatment or you did not fully understand the procedures to be performed, you may have a case of medical malpractice.

    Defining Informed Consent

    Your doctors and other health care providers have a responsibility to educate you about:

    • Your current health
    • Any treatment options available
    • The possible benefits and side effects of these treatments
    • How effective each treatment is likely to be

    This covers the definition of “informed.” As for “consent,” you cannot be forced to take a medication or undergo any treatment against your will. Health care workers also need your written informed consent before releasing any of your medical information to anyone else.

    Exceptions to Informed Consent

    If you become incapacitated and are unable to give informed consent, your doctor’s responsibility moves to the person who has been legally chosen to make these decisions for you. This person will be entitled to the same information you would be, and must give consent before treatment is given.

    Informed consent may also be waived in emergency situations. If emergency responders must perform a certain procedure in order to save your life, consent is not required. If you are unsure about this law, a Minnesota medical malpractice attorney can answer your questions.

If you believe you have a valid medical malpractice claim, reach out to our team to find out how we may be able to help you hold the responsible parties liable and pursue compensation for the damages you incurred.

How is Medical Negligence Different from Medical Malpractice?

These may sound like the same thing, but they are actually different. Malpractice refers to a medical professional or facility breaching their duty of care to a patient. This means they did not provide care that met accepted standards in the medical community. For example, maybe a doctor neglected to provide a certain treatment when it was consistent with medical standards.

However, medical negligence refers to a mistake during treatment that was unintentional and unknown during treatment.

Is a Medical Malpractice Settlement Taxed?

If you have a case and your attorney is able to recover compensation, the final award may be taxed. However, this can depend on how the portions of the settlement are categorized.

Compensation for physical pain is generally tax-free. However, if you receive punitive damages, they can be taxed. Compensation for emotional distress can also be taxed.

This is an issue you can discuss further with one of our qualified lawyers.

Contact a Minneapolis Medical Malpractice Lawyer for Help Today

If you or someone you love suffered an injury because of a health care provider’s negligence, it may be in your best interest to learn more about your legal options.

At TSR Injury Law, we can answer your legal questions during your initial, free consultation. We provide our services on a contingency fee basis, which means that there are no upfront fees and we only get paid when we obtain a recovery for your case. We understand that your health and well-being is the top priority, and we want you to be able to put your focus and energy on your recovery.

We have an outstanding, award-winning team of lawyers including our partner Rich Ruohonen, who has twice been selected as Minnesota Lawyer Attorney of the Year.

Our office in Bloomington is a short drive from Fairview Southdale Hospital, but you can also call or contact us online.

Call now at (612) TSR-TIME or fill out a Free Case Evaluation form to get started.

Bloomington Medical Malpractice Attorney

If you have been injured by a doctor or other medical professional, you may be eligible to file a medical malpractice lawsuit. At TSR Injury Law, our Bloomington medical malpractice attorneys have experience handling these types of claims, including a $140,000 recovery for a woman that experienced liver damage after a surgical error. This result was obtained by Rich Ruohonen, a partner at our firm who has been consistently selected to the Super Lawyers list every year since 2003.

We welcome the opportunity to discuss your claim during a free, no obligation consultation. We can determine what legal options may be available to you and are available 24/7 to take your call or chat online. There are no upfront costs or fees and we only get paid for our services if we successfully obtain compensation on your behalf.

Give us a call today to schedule your free consultation at (612) TSR-TIME.

Do I Have a Case?

If you or a loved one have been injured due to medical malpractice, you may be wondering if you are eligible to obtain compensation for the damages you have suffered. Each case is different and it is difficult to determine without knowing the specific details that were involved in your incident.

To help find answers to those questions, we recommend consulting with an experienced Bloomington medical malpractice attorney at TSR Injury Law, today. During your free consultation, we can obtain a better understanding of your specific situation and discuss the legal options that may be available to you.

Proving a Medical Malpractice Claim

Medical malpractice typically occurs when a physician or health care provider fails to provide a patient with the appropriate level of care that is necessary to treat his or her condition. If this failure results in the patient suffering further injury or death, he or she can be held liable for negligence.

Medical professionals who may be held liable for medical malpractice include:

  • Doctors
  • Nurses
  • Surgeons
  • Anesthesiologists
  • Medical specialists
  • Pharmacists
  • Medical technicians and aides
  • Other specialists

In order to have a valid medical malpractice claim, certain elements of negligence must be proven:

A Doctor-Patient Relationship Existed

The first element that you and your lawyer must prove is that a doctor-patient relationship existed. The health care provider agreed to treat and diagnose you and you accepted his or her care. Once that relationship is established, the doctor owes you a duty of care that fits within the acceptable medical standards, by acting as another reasonable doctor would under similar circumstances.

Doctor Acted Negligently

The next element you and your lawyer must establish is that your doctor acted unreasonably, carelessly or was negligent while diagnosing or treating you. If the medical professional provided treatment that differs from the accepted standard of care, then he or she breached their duty of care. A doctor cannot be held liable for negligence because you were not satisfied with your treatment.

Doctor’s Negligence Caused Your Injury

This element establishes you were injured because of your doctor’s negligence. It must be proven that your injury was the direct result of medical malpractice and not due to a pre-existing condition. To help establish this, your lawyer will use your medical records, medical tests, or use medical expert testimony to show that had the doctor not been careless, you would not have been harmed.

You Suffered Damages Due to Your Injury

The last element to prove negligence in a medical malpractice claim is proving the injury caused you to suffer specific damages. These damages could include medical bills, loss of wages as well as physical pain and mental anguish.

It is not easy to prove these elements on your own. We encourage that you discuss your claim with a licensed Bloomington medical malpractice attorney. If you have a case, our legal team is prepared to conduct a detailed investigation and collect the evidence needed to prove liability and negligence.

Learn about your legal options by calling (612) TSR-TIME.

How Long Do I Have to File a Claim?

It is important that you take legal action as soon as possible because there are certain time restrictions set by the statute of limitations. In Minnesota [Sec. 541.076], most medical malpractice claims must generally be filed within four years from the date of the incident. Claims that are filed after the four-year deadline may be dismissed by the court, barring you from recovering damages.

However, as each case is unique, there may be exceptions to this rule that apply to your situation. The deadline may be extended if your injuries were not apparent or visible at the time of the incident. The clock may not start running until the date that you knew or should have reasonably known of your injury, instead of the date the medical malpractice happened.

If you have any questions or concerns about the legal process, it is generally a wise decision that you reach out to one of our Bloomington medical malpractice lawyers for advice.

Fill out a Free Case Evaluation form to get started.

What Compensation May Be Available for My Case?

After suffering from medical malpractice, you may have incurred significant expenses to correct or try to recover from your injury. If you have a case, you may be eligible to recover compensation for both economic and non-economic damages, such as:

  • Past, current and future medical bills
  • Rehabilitation
  • Doctor’s appointments
  • Prescription medications
  • Cost of corrective surgery
  • Lost wages
  • Loss of earning capacity
  • Pain and suffering
  • Physical therapy
  • Disability
  • Disfigurement
  • Emotional trauma
  • Loss of enjoyment of life
  • Loss of companionship

In Minnesota, there are no caps or limits on the amount of damages you can receive in medical malpractice cases. The amount of damages available will depend on the particulars of your case.

Common Types of Medical Malpractice

There are many situations that can lead to medical negligence. Our legal team at TSR Injury Law is prepared to take cases involving various types of medical malpractice. Some of the most common include:

Misdiagnosis or Delayed Diagnosis

When a doctor or health care provider diagnoses a patient with the wrong condition or delays a diagnosis, it could lead to devastating consequences resulting in serious injury or death. A misdiagnosis may occur from the following situations:

  • Neglecting to observe the patient’s medical history
  • Failing to understand a patient’s symptoms
  • Initiating the wrong medical test
  • Misinterpreting results from medical tests

Postoperative Negligence

Medical malpractice can also occur after a patient has been operated on. These patients are required to be closely monitored by medical staff after receiving an operation. Failure to properly monitor a patient may lead to illnesses and adverse health conditions, including:

  • Inflammation
  • Infection
  • Organ damage
  • Internal bleeding
  • Death

Surgical Errors

If surgeons or assistive medical staff do not take proper care of patients during surgery, it can significantly impact their quality of life. Surgical errors could include:

  • Using unsanitary surgical equipment
  • Performing surgery on the wrong part of the body
  • Leaving a tool, such as sponge, inside the patient’s body

Medication Errors

Medication errors may include the wrong dosage, errors in product labeling or packaging, and misgiven instructions. These errors can be avoided with appropriate care and training. Failure to do so may lead to serious injuries or death.

Anesthesia Errors

Improperly administering anesthesia can be lethal to a patient’s health and could include:

  • Injecting a patient with a variety of drugs that may have a negative reaction
  • Failing to monitor a patient under anesthesia
  • Administering the wrong dosage amount
  • Failing to respond to changes in a patient’s vital signs

Medical malpractice cases can be complex to handle on your own. This is why we recommend seeking the help of a Bloomington medical malpractice lawyer from our firm. Feel free to contact us for a free consultation. There is no obligation or risk to take legal action.

Call a Bloomington Medical Malpractice Attorney Now

If you or a loved one has suffered an injury or worse due to a doctor’s or health care provider’s negligence, it may be in your best interest to contact a lawyer to discuss your potential legal options.

At TSR Injury Law, we recognize that while compensation does not change the outcome of what happened, it may help ease the financial and emotional burden that is often associated with the recovery process. Schedule your free consultation today. We do not charge upfront fees for our services unless we help secure compensation for you.

Our office is within close proximity, just three minutes, from the TRIA Physical Therapy and Education Center Bloomington.

Need legal help? Gives us a call at (612) TSR-TIME.