How long do I have to bring a medical malpractice case?
Minnesota personal injury attorney James Heuer talks about how long you have to bring a medical malpractice case.
Phone: (612) 333-3160
The statute of limitations in medical malpractice is as long as four years and the reason I say as long as because there might be something that alters that. I would not in the context of an interview tell anybody what the statute of limitation is in a medical malpractice case. What I would tell anybody that thinks they’ve been wronged by a doctor is that they should contact a lawyer. And at Heuer Fischer we’ve handled many medical malpractice cases but we turn a lot down. It’s a very difficult standard you have to prove that the doctor violated the standard of care in that community. And you need another doctor to testify that that doctor violated that standard of care.
A lot of times, we hear people come where there’s clearly a mistake and there’s two parts to every case to simply it, the mistake or the negligence and damages. And so many times somebody had to spend an extra couple days in the hospital or maybe a month but at the end of the day, they fixed them, whatever problem they had they caught, they corrected it and they go on with their life. And those are cases that you just can’t economically take and again, it’s the practice of medicine the doctors aren’t perfect, no one’s perfect. And so when you’re evaluating a medical malpractice case you have to be very cautious of advising people oh, that’s terrible but there might not be damages. And so that’s why you need a lawyer to evaluate the case and tell you yes or no whether you have one.