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:
- 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 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
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Emotional distress
- Loss of consortium or companionship
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.
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.
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.
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.
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 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.
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.