Assisting injury victims throughout Minneapolis and Wisconsin
Whether in a hospital, nursing home or dentist's office, malpractice can have devastating physical, emotional and financial effects on patients and their families. As zealous advocates of justice, we at Heuer Fischer, P.A. are ready to stand by your side if you or someone you love sustains an injury because of a medical mistake.
Many people do not realize that medical malpractice litigation has led to improved healthcare delivery. In fact, from 1997 to 2008, lawsuits filed for medical mistakes have declined by 8 percent, according to the National Center for State Courts.
Determining fault in medical malpractice cases
First, it helps to understand that illness and death are not always preventable. Not all medicine leads to cures, and not all injuries can be healed. A bad result does not necessarily mean there was medical malpractice. But patients are due a standard of care when seeking medical attention. When the healthcare provider — facility, staff and physicians alike — fail to meet that standard and there is an adverse outcome, that provider should be held financially responsible.
Technically, medical malpractice involves one of three failures in treatment:
- Failure to diagnose or a misdiagnosis of a medical condition or disease
- Failure to address a medical condition with an appropriate treatment
- Failure to deliver treatment on a timely basis
In Minnesota, the statute of limitations may be as long as four years after the medical mistake was made, and in the case of minors, maybe even longer. You should consult with the lawyers at Heuer Fischer, P.A. to determine the appropriate limitation period.
Other factors can affect the success of a medical malpractice lawsuit. One is that a healthcare provider found to be responsible will need to cover all lifetime costs from the medical error. The defendant can also be held liable for up to $400,000 in non-economic damages, such as loss of consortium, emotional distress and embarrassment.
Work with a qualified medical malpractice attorney
The attorneys from Heuer Fischer, P.A. can determine if your medical malpractice case has merit, and work on a contingency basis (i.e., the client pays nothing until a satisfactory judgment is reached).