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America has top-notch medical care, but sometimes anesthesiologists, doctors, nurses and surgeons make mistakes that cause harm. A medical error which can include an error during surgery or procedure, misdiagnosis or adverse side effect from a prescription, can cause serious injury and even death. But what can you do if a medical mistake hurts you in Minnesota?
If medical negligence injures you, you have a few steps that you need to go through to ensure you recover compensation for your injuries of loss of a loved one.
Get an Affidavit of Merit
Before you can file a medical malpractice claim, you must obtain an Affidavit of Merit as required by Minnesota statute 145.682. This document should outline your injuries and must be signed by a medical professional affirming that your claim is valid and them person who caused you harm failed to adhere to the proper standard of care.
You also must submit an affidavit that identifies the expert witnesses that will testify on your behalf and what they plan to discuss. This affidavit must be filed within 180 days of the beginning of a discovery process.
These two documents are critical and are best handled by a medical malpractice lawyer. The accuracy of these documents is paramount and if you cannot clearly outline your case and give proof of your allegations. Medical negligence cases are too complex for the victim to handle their claim on their own. Don’t risk it, speak with an attorney and let them explain the complexities of your medical malpractice claim.
After the Affidavit of Merit
If the state decides your medical malpractice claim has merit, the next step is to file a formal complaint. Your complaint will detail your injuries and what types of compensation you are seeking for injuries, emotional suffering, and associated financial damages.
After submitting your claim, it’s likely you are going to be contacted by the insurance company that provides a medical professional’s malpractice coverage. A settlement may be fair, and you can get the compensation you need right away. But that is not true for all victims, and they must need to negotiate a better settlement, so they need a skilled lawyer on their side.
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