MEDICAL MALPRACTICE

Medical malpractice, or medical negligence as it is sometimes called, frequently results in devastating injuries or the death of a patient. National statistics have shown that medical errors kill between 48,000 and 100,000 persons each year. Medical malpractice in Minnesota may occur in a number of ways. Some examples of medical malpractice include:

• Failure to diagnose or misdiagnoses of a disease or medical condition
• Delay in diagnosing or misdiagnosing a disease or medical condition
• Failure to provide appropriate treatment for a medical condition
• Unnecessary delay in treating a diagnosed medical condition
• Medication errors
• A surgical or anesthesia related mishap during an operation.

Medical malpractice is an area of law where the consumer of healthcare has been harmed by the actions, or inactions, of a doctor, nurse, hospital, clinic, therapist, chiropractor, nursing home or other medical provider. Medical negligence cases are complex and involve integrating law, medicine and science. To prove a medical negligence case, a patient must show that:

• The healthcare provider acted negligently
• An injury occurred
• The negligent act played a substantial part in causing the injury or damage done to the patient

Proving a medical provider was negligent requires another doctor or health care provider to testify regarding the care given and that the care fell below accepted standards in the medical community. Since medical malpractice cases are complicated and are often defended vigorously, it is important to gather information early and work with a legal team that you feel comfortable with and trust.

The Ulanowski Law Firm, P.L.L.C. associates with an attorney who represents individuals or the families of those injured or killed as a result of negligence committed by physicians or other healthcare providers. We recognize that injured persons generally do not have the resources necessary to take on large corporate defendants, our associated attorney has made it a practice to underwrite the costs of such cases, and to accept payment only if our clients are successful in making a recovery against the negligent party. By taking this risk, we are showing that we believe in your case as much as you do.

STATUTE OF LIMITATIONS IN MINNESOTA

Medical Malpractice: What is the Statute of Limitations in Minnesota?

The one question that many individuals with malpractice claims have asked is whether it was too late to bring their claim – in other words, had their statute of limitations ran? Some individuals are happy to learn that they have still had time; others have been frustrated that even though they did not know of their injury and the potential malpractice that the time to commence their action had passed.

Currently, when an individual falls victim to medical malpractice (also known as medical negligence) in Minnesota, the injured person has four years (this is subject to legislative change at any time) from the date of the malpractice to commence an action. If the injured person fails to commence an action in that time, they will have lost their legal right to do so or at a minimum will have their legal rights challenged. This is true, even if the injured person did not know of the malpractice. Minnesota is one of a handful of states that do not recognize a discovery rule. In simple terms, a discovery rule provides that the statute of limitations does not begin to run until the injured person learns of the malpractice or with reasonable diligence should have done so. While this is a harsh result, this is the law in Minnesota.

It is important to note that there are exceptions to the four-year medical practice statute of limitations. As a result, the statute of limitations should be investigated in each case. Generally, to protect the right to bring a claim, it is important to seek legal advice early on if you feel you are a victim of malpractice.

DISEASES ASSOCIATED WITH MEDICAL MALPRACTICE

The top five diseases that receive monetary awards for malpractice, in terms of dollar value, are breast cancer, lung cancer, colorectal cancer (including colon cancer and rectal cancer), heart attack, and appendicitis. Surprisingly, the main allegation is a form of misdiagnosis, either delayed diagnosis or mismanagement of diagnostic testing. Typically, this delay or oversight leads to severe complications and often death. The severity of misdiagnosis of these conditions and the poor outcomes that may result tend to explain why large monetary awards can occur.

In general, there are four conditions to be met for a valid claim of medical malpractice:

1) A provider-patient relationship existed;
2) Negligent care was rendered;
3) The patient suffered damage or harm; and
4) The damage or harm done to the patient was a direct result of the negligent care.

From a legal standpoint the last point is significant. Doctors make mistakes that are minor and although may represent an error or malpractice, do not give rise to a legal claim.

Ulanowski Law Firm, P.L.L.C. associates with an attorney who has specialized in the area of Personal Injury for the last 14 years. From 1991 to 1997, we worked as a Claims Adjuster. He then went on to a prestigious law firm where he focused his practice on representing people injured by medical malpractice. He has since moved to a different firm and he continues to focus his practice of representing those injured by medical malpractice. He has tried several lawsuits to verdict and has been referred to as one of Minnesota’s best young trial attorneys.

He graduated with honors from The University of Wisconsin – Eau Claire in 1991. He attended law school at William Mitchell College of Law and graduated with honors in 2000. He is an active member of the Minnesota Trial Lawyers Association and the Association of Trial Lawyers America, where he serves on the Board of Governors of the New Lawyers Division. He has been recognized as an Up-And-Coming Attorney by Minnesota Lawyer and has been selected by his attorney peers as both a Rising Star in Super Lawyer in Minnesota.

If you need representation for your medical malpractice case please contact the Ulanowski Law Firm so that we may address your injury and help you move forward.