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Introduction to Medical Malpractice

Posted by: euser
July 24, 2007
Topic: Minnesota Personal Injury

Medical malpractice is defined as a doctor's failure to exercise the degree of care and skill that a physician or surgeon of the same medical specialty would use under similar circumstances. Because medical malpractice is an action for negligence on the part of the medical provider, a plaintiff who brings such an action must prove by a preponderance of evidence the four elements of negligence:

1. Duty: The plaintiff must show the standard of care recognized by the medical community for the particular medical condition at issue. A member of the medical profession is required to possess a reasonable degree of skill and learning and exercise that skill and learning with due care.

2. Breach: The plaintiff must show that the particular medical provider departed from that standard of care by action or inaction. A medical professional will generally not be liable just because he or she made a mistake or achieved a bad result.

3. Causation: The plaintiff must show that the defendant's breach of duty was a direct ("proximate") cause of an injury to the plaintiff in that it is more probable that the injury occurred from the breach of duty than from anything else.

4. Damages: The plaintiff must show that he or she was injured.

These elements must usually be proven by expert testimony because of the specialized scientific knowledge that is required to evaluate a medical malpractice case. The expert medical witness is required to have sufficient scientific knowledge of and some practical experience with the subject matter of the offered testimony. However, expert testimony may not be necessary where the alleged negligent conduct is within the range of common knowledge, such that a jury could determine the case using commonsense.

Minnesota has a four year statute of limitations for medical malpractice, meaning that your case may be time-barred if a lawsuit is not commenced within four years of the date on which the cause of action "accrued." For a single act of alleged negligence, the cause of action accrues on the date of the act or at the time the plaintiff sustains damage from the act. For a malpractice claim arising from a course of treatment rather than a single act, the cause of action accrues on the date the medical provider's treatment for the particular condition at issue ceases.

The attorneys at Milavetz, Gallop & Milavetz are experienced and knowledgeable in the area of medical malpractice and can help to evaluate your potential malpractice claim today.