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Minnesota Medical Malpractice Questions & Answers
1 Answer | Asked in Criminal Law and Medical Malpractice for Minnesota on
Q: Can you explain to me in layman's terms what the Minnesota Statutes 549.09 is all about?

Just a couple of days ago, I received a letter from a Law firm asking me to contact immediately to discuss about a liability insurance claimed by its client pursuant to Mn Statutes 549.09. I'm kindly seeking a free consultation before contacting or doing anything further.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on May 13, 2024

This is not a criminal law issue. This is a civil judgement issue. You should ask the question in that forum or contact attorneys directly for a free consultation.

1 Answer | Asked in Personal Injury, Health Care Law, Legal Malpractice and Medical Malpractice for Minnesota on
Q: what type of lawyer do i need to let a doctor know he screwed up big time.

yes i have had two surgeries and now i am needing a third surgery and if i would have not gotten a second opinion i would have most likely needed a fourth surgery. i had a back fusion and it was redone a second time already i was told then by the surgeon he put a part in me that would not move well... View More

Tim Akpinar
Tim Akpinar
answered on Apr 30, 2024

A Minnesota attorney could advise best, but your question remains open for a week. The answer to your question is a medical malpractice attorney. If you could arrange a free initial consult, that might help assess your matter. Good luck

1 Answer | Asked in Health Care Law and Medical Malpractice for Minnesota on
Q: How do I know if I have a case? I had major back surgery & about 4 months later, the rods cracked & had to be replaced

I had major back surgery on 8/30/23. I started PT in Dec. & and the week before Christmas, I developed major low back pain. My Ortho Dr gave me steroids, thinking I had pain from swelling. Didn't help. He requested CT's & MRI's to see what was going on. On the CT's... View More

Robert Kane
Robert Kane
answered on Apr 10, 2024

Quite simply, you need to consult with medical experts and medical malpractice attorneys.

https://www.mnbar.org/member-directory/find-a-lawyer

1 Answer | Asked in Medical Malpractice and Social Security for Minnesota on
Q: Is it possible to get a lawyer to HELP ME?? S.O.S‼️‼️ My case will be dismissed soon without one. I was massacred!

I had applied for disability in 2015, and the Social Security Administration did a long & full review of everything and decided that in 2015, 2016, and 2017 I was NOT disabled -UNTIL- after my two 'botched' surgeries in 2017. Since then, I have been extremely physically sick, I still... View More

Tim Akpinar
Tim Akpinar
answered on May 15, 2022

I'm sorry your question remains open for three weeks. You describe an urgency in terms of time. At this point, you could reach out to law firms to try to set up a free initial consult instead of losing further time awaiting a response here.

For the disability-related matter, you could...
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1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Social Security for Minnesota on
Q: Can I sue a med clinic/neuropsychologist for misdx of Early Onset Alz & not releasing med records to Mayo for tx?

Neuropsychologist told me I had Early Onset Alzheimer's (runs in my family), that I couldn't work anymore or be able to learn any new training/job. She later changed her report to say I had Mild Cognitive Impairment, Amnestic Type.

I went to Mayo in Rochester for a 2nd opinion... View More

Brad A. Thomas
Brad A. Thomas
answered on Nov 9, 2020

If you have a scheduled hearing coming up then you need to find a disability attorney as soon as possible because going to a Social Security Disability hearing on your own is not a good idea. You can use the "Find a Lawyer" tab at the top of the page, or call NOSSCR Lawyer Referral... View More

1 Answer | Asked in Civil Litigation, Personal Injury and Medical Malpractice for Minnesota on
Q: Can a healthcare provider or system be held accountable for harm caused by not treating someone or finding a new doctor?
Tim Akpinar
Tim Akpinar
answered on Feb 10, 2020

It's possible they have provisions in their policy that covers them for changing the availability of health care providers to cover themselves for the contingency of participating physicians exiting their plan. They could also have provisions that place part of the responsibility on patients... View More

1 Answer | Asked in Medical Malpractice for Minnesota on
Q: Is there a case if a stem cell treatment for a shoulder & neck wasn't successful? Out of pocket expense was $13,000!
Tim Akpinar
Tim Akpinar
answered on Feb 9, 2020

From the brief facts at hand and the words "not successful," the extent of your damages is not clear. As a general matter, to establish a valid case for medical malpractice, a plaintiff would essentially need to demonstrate injuries stemming from breach of duty of a medical professional.... View More

1 Answer | Asked in Medical Malpractice for Minnesota on
Q: had to have second knee operation is this a malpractice case

second dr. said first operation was not right

Tim Akpinar
Tim Akpinar
answered on Nov 28, 2019

A Minnesota attorney could answer you best, but your question remains open for a week. The need for a second operation in and of itself is not necessarily irrefutable proof of medical malpractice. The reason why a second surgery was needed would need to be determined. You mention the second... View More

1 Answer | Asked in Health Care Law and Medical Malpractice for Minnesota on
Q: Can I pursue a case against a doctor for misdiagnosis, if said misdiagnosis has caused chronic pain lasting for years?

I went to the doctor for a bug bite, but I was also getting migraines, muscle and joint pain, and fatigue. This doctor analysed all of those symptoms separately instead of all together. I took the antibiotics she prescribed, but only got worse until my skin started getting splotchy red spots that... View More

Tim Akpinar
Tim Akpinar
answered on Oct 20, 2019

It's possible you could, but keep in mind that the assertion of the ER staff that the primary care physician should have caught it is not irrefutable evidence that creates an airtight case. It also appears that there is considerable passage of time, which is something that attorneys defending... View More

1 Answer | Asked in Legal Malpractice and Medical Malpractice for Minnesota on
Q: I have a question in regards to if a dr writes down no restrictions and signs it

I have a guardian and live in a group home and i was on a 3hr time limit to be out and couldn't help my parents do to a infection i had but i have been cleared by my dr. Specialist in urology today from a follow-up appointment and he said no restrictions and also wrote on my summary paper no... View More

Tim Akpinar
Tim Akpinar
answered on Jun 23, 2019

Based on the limited details here, it isn't clear why you are still being held subsequent to your urologist lifting your restrictions. It's possible information is missing in terms of their policy, and that your family could need to look further into reasons why you are still being... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Minnesota on
Q: I presented pathology records to my doctor asking what does this mean " NON MALIGNANT GRANULOMATOUS - REPLIED NO CANCER?

UPPER LEFT LUNG CUT OUT BY HCMC HOSPITAL MEDICAL PROFESSIONALS WITH TWO PATIENTS SAME NAMES SAME SURGEON. 11/07/2016 I HAVE MEDICAL EXPERTS I NEED A LAWYER CASE VALUE $238 MILLION ESTIMATED COMPARED TO ONE CASE IDENTIFIED IDENTICAL . SURGEON AT HCMC PULLS NAMED PATIENT CROSSING NAMES TAKING AFRICAN... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 26, 2019

Contact a member of the Minnesota Assn for Justice who handles negligence claims.

They give free consultation.s

Every claim is different--you can't base the value of your claim on what someone else somewhere else received. Your medical experts may not be the type used at...
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2 Answers | Asked in Medical Malpractice for Minnesota on
Q: Do you think I have a good chance of winning a lawsuit for medical malpractice and pain and suffering?

The nursing home didn't call a ambulance and told me to just ellivate it and ice it when my whole leg was swollen red and hot to the touch because I had a major infection growing all over my three metal plates and 18 screws in my leg! If it wouldn't of been for my cardiologist seeing it... View More

Robert D. Kreisman
PREMIUM
Robert D. Kreisman
answered on Jan 2, 2019

The case of medical malpractice is about the negligence which includes damages. Most of these cases are enormously expenses to prosecute. It seems from your description of your possible case that you have made a decent recovery. In my opinion, this would not be a case we would take on. Please... View More

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1 Answer | Asked in Medical Malpractice, Personal Injury and Employment Law for Minnesota on
Q: I was recently employed and let go due to medical reasons. My job did not follow my doctors restrictions and etc

I was given zero option to stay after claiming I needed to stay till I found a new job. Is it worth going against them and if so how would I could about it?

Joseph A. Gangi
Joseph A. Gangi
answered on Jan 11, 2018

You will need to speak to an attorney and provide more specifics about your situation to see if there are any claims you may have,

1 Answer | Asked in Medical Malpractice for Minnesota on
Q: Piece of tooth left found on after extraction 2 months after surgery and second visit to surgeon. Do I have a case?

On 5/1 I had 2 impacted wisdom teeth removed under general anesthesia. Healing was going well but I still had jaw pain two weeks later. I could barely open my mouth and was out of pain medication and was using just ibuprofen. I went back to the surgeon's office where I saw a second surgeon who... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 7, 2017

Problem is you would have to prove that was what caused the item and that it was from your tooth and not a piece of bone from something you ate. Size seems big for a tooth fragment.Follow up with a dentist to make sure what you pulled out wasn't a problem

1 Answer | Asked in Medical Malpractice and Products Liability for Minnesota on
Q: I have been on medication and have receding gums from it. The company doesn't list it as a side effect. Do I have case?

I am only 24 and have always had perfect oral health and have nwver had a cavity or any other oral problems before this medication. I researched and found hundreds of other people filing lawsuits for the company not listing this as a side effect. It has greatly effected my life and if I would have... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 13, 2017

First you would have to show that it was the medicine and nothing else that caused receeding gums, which can come from a number of factors. This is extremely difficult to prove. Either way you need to see an endodontist, so why not let them tell you what they think caused it.

1 Answer | Asked in Medical Malpractice for Minnesota on
Q: How to bring claim when happened in MN & now in MO?

in FBOP's custody, have a previously twisted ankle that I am forced to climb up to a top bunk on, began to experience more & more pain (as well as lose mobility/agility), am not given anything for pain for close to a year, continue to be left climbing up to top bunk, kept being told, the... View More

Peter N. Munsing
Peter N. Munsing
answered on Jul 5, 2016

You need to find an attorney that handles those issues. Suggest you contact the Minnesota Civil Liberties union, ask for their "cooperating attorneys" on prison medical conditions. 8th amendmendment? I do not think so.

1 Answer | Asked in Medical Malpractice for Minnesota on
Q: My husband had triple-bypass and 5 days later he was sent home without a blood-thinner other than aspirin.

The nurse on shift dis-charged him. No details were discussed with him about not be sent home with blood-thinners. The doctor never discharged him personally.10 days later he had a massive stroke. Can't speak, write, walk, talk. Right side of body. Do we have a case?

Adam Studnicki
Adam Studnicki
answered on Aug 21, 2015

I am sorry to hear about that. More information is needed to answer. Talk to a local medical malpractice lawyer, who can investigate, evaluate and advise about your legal rights and options.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing....
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1 Answer | Asked in Medical Malpractice for Minnesota on
Q: I was misdiagnosed on a inguinal hernia and surgery was performed

I still have all the pain am issues as before surgery

What do I do

Adam Studnicki
Adam Studnicki
answered on Jul 16, 2015

Misdiagnosis cases are usually difficult. Talk to a local medical malpractice lawyer about your rights and options.

1 Answer | Asked in Medical Malpractice for Minnesota on
Q: Epidural Steroid Injection--If it is done at the wrong vertebrae, is that worth pursuing?

I recently underwent an epidural steroid injection "into my C7 vertebrae" and after the procedure, various medical professionals questioned the injection site, mentioning that based on the injection site, it looks several vertebral levels lower (more in the t4/t5 range). The physician... View More

John M DeProspo
John M DeProspo
answered on Jun 17, 2015

Have you suffered any serious, irreversible damage? If not, probably not enough damages for a viable medical malpractice claim.

1 Answer | Asked in Medical Malpractice for Minnesota on
Q: Is perferrating the colon during colonoscopy w/non disclosure of risk a malpractice case
Mr. Kenneth Lee LaBore
Mr. Kenneth Lee LaBore
answered on Jan 8, 2013

Although perforation of the colon is a known risk of the colonoscopy if there is not an informed consent you may have a claim.

I recommend having a qualified medical malpractice attorney review your medical records to see if you have a case.

Good luck.

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