When you go to a doctor, nurse, or hospital, you trust they’ll give you appropriate care. Most of the time, that trust is well-placed – but sometimes, medical mistakes cause lasting harm. When that happens, the law allows you to pursue accountability by bringing a medical malpractice claim.
What Counts as Medical Malpractice?
Medical malpractice happens when a healthcare provider fails to meet the accepted standard of care, harming you. The standard of care is what a reasonably careful doctor, nurse, or medical facility would have done under the same circumstances. Malpractice can occur in many ways, including:
- A delayed or missed diagnosis
- Errors during surgery or anesthesia
- Failure to follow up on abnormal test results
- Medication mistakes
- Preventable complications during hospital stays
A medical facility can be responsible for its practitioners’ mistakes. Both the provider and the hospital may be part of your claim.
Warning Signs to Watch For
Sometimes it’s not obvious right away that something went wrong. You may need to keep asking questions and get a second opinion if:
- You have unusual complications that aren’t normally related to your condition or treatment
- You experience pain or problems that don’t improve with treatment
- Your test or surgical results don’t match what you’ve been told to expect
As a patient, it’s smart to review your records to make sure they align with what you expect from your healthcare providers. This might include lab results, imaging reports, and visit notes. Catching inconsistencies early can make a difference for your health and a potential malpractice claim.
Steps to Take if You Suspect Malpractice
If you think you might have a claim, there are a few practical steps you can take immediately. First, gather your medical records for your attorney. Keep a written record of your symptoms and any medications you’re taking. Write down follow-up appointments and document any conversations you’ve had with providers. If possible, get a second opinion so you can compare what you were told with what appears in your records.
Even if you’re not sure what’s wrong – or whether you have a claim – you don’t need to know these details before talking with a lawyer. Medical malpractice cases almost always require expert review. Part of your attorney’s job is to consult medical professionals who can say whether the standard of care was breached.
The Time Limit to File a Claim
In North Dakota, you have two years from the time you know (or reasonably should know) that malpractice occurred to file your case. In Minnesota, you have four years. This is called the statute of limitations. However, even with this delayed discovery rule, there’s a hard cutoff: you must file within six years of the error, no matter when you discovered it, unless an exception applies. Exceptions are rare, so it’s always best to contact a medical malpractice attorney as soon as you know there’s a problem.
Types of Damages You Can Recover
If you prove malpractice, the law allows you to recover both economic and non-economic damages. Economic damages cover financial losses, including past and future medical bills, rehabilitation, home modifications, and lost wages. Non-economic damages compensate you for the losses that don’t come with receipts, like pain, suffering, loss of enjoyment of life, and disfigurement.
Finally, punitive damages may be awarded in rare cases when a provider’s conduct is malicious or intentional. Your medical malpractice attorney can explain whether you could be eligible for punitive damages.
Discuss Your Case with an Experienced Medical Malpractice Attorney
If you or a loved one has been harmed by a medical mistake, help is available. The attorneys at Maring Williams Law Office know how difficult these cases are. Reach out today to find out how we can help.
