Elder Abuse Attorney in Plymouth, Minnesota

Filing a Nursing Home Neglect Suit

More In This Category

View Transcript

Well, it’s just like any other lawsuit. Certainly, you can start the lawsuit, but elder abuse cases tend to fall under the medical malpractice statute in Minnesota, and to do that, you have to meet certain criteria of Minnesota Statute 145, which means you have to have an expert saying that there was a violation of the standard of care and that that violation resulted in harm. So, you have to have that expert certifying it. Then, within 180 days, you have to file an affidavit with that information. There is a small subset of nursing home abuse cases called ordinary negligence cases where you don’t need an expert, but you’re walking on very precarious ground, because you have to figure out whether the court will apply that standard or not in your case.

Minnesota attorney Mark Kosieradzki discusses the challenges of filing a lawsuit without an attorney.

More Videos From This Lawyer