Medical Malpractice

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Bismarck Medical Malpractice Lawyers

Representing those injured because of medical negligence throughout North Dakota

Medical mistakes caused by negligence could be considered the third leading cause of death in the United States according to a Johns Hopkins analysis of medical death rate data. We place a significant amount of trust in doctors and the medical profession, but each year, more than 250,000 Americans die because of a preventable medical mistake.

At the Larson Law Firm P.C., we represent those who have sustained serious injuries at the hand of the physician or other medical professional who was supposed to be providing care. You are welcome to a free consultation where we can discuss your case and offer legal guidance for your next steps.

What is the state of medical malpractice claims in the United States?

In 2018, the Center for Justice & Democracy released an updated briefing book: Medical Malpractice By The Numbers. Some of the highlights of the new edition include:

  • Medical malpractice cases constitute only 0.17 percent of state civil caseloads.
  • Paid malpractice claims have stayed essentially unchanged for the last decade.
  • Despite the #MeToo movement, two-thirds of doctors engaged in sexual misconduct face no medical board discipline. This includes repeat offenders.
  • Physicians who commit wrongdoing, such as sexual misconduct, peddling opioids, or botching surgeries, often “hopscotch” from one state to another and continue practicing.
  • Contrary to popular belief, malpractice liability has no impact on whether or not a physician decides to deliver a baby via C-section.
  • Despite charging doctors historically low rates, medical malpractice insurance companies are raking in substantial profits as a result of “the soaring 2017 financial markets.”
  • More than 260 patients have died since 2013 after in-and-out procedures at surgery centers – operations that should have been done in hospitals.

What qualifies a medical mistake as medical malpractice?

Doctors, being humans, make mistakes. So, not every mistake a physician makes rises to the level of medical malpractice. While every state has its own laws the principles of medical malpractice law as we know it today in the United States is derived from English common law. The injured patient has the burden of proof to show that the physician was negligent in delivering care, and that his or her negligence caused the injury. The four legal elements of medical malpractice include:

  1. A doctor-patient relationship existed which creates a professional duty of care owed to the patient
  2. There was a breach of this duty
  3. The patient’s injury was caused by the breach
  4. The injury resulted in damages

(U.S. National Library of Medicine)

What are the most common types of medical malpractice claims?

The total payout amount for medical malpractice claims in North Dakota in 2017 was $3.5 million, which is about $4.64 per capita. That number increased by 256.74% over the previous year according to a major medical malpractice service provider.

Payment amounts by malpractice allegation

  • Diagnosis error 34%
  • Surgical error 22%
  • Treatment error 19%
  • Obstetrics 9%
  • Medication 5%
  • Monitoring error 5%
  • Other 6%

Severity of outcome of medical malpractice cases

  • Death 30%
  • Major permanent injury 20%
  • Significant permanent injury 18%
  • Quadriplegic, brain damage, Lifelong care 12%
  • Minor permanent injury 8%
  • Major temporary injury 7%
  • Other 5%

How do the hospitals in the Bismarck area rate for patient safety and quality?

According to LeapFrog Hospital Safety Grade state rankings, North Dakota ranks 49th when it comes to patient safety.

CHI St. Alexius Health, Grade: B

CHI St. Alexius Health had problems with infections, surgical problems, practices to prevent errors, and the facility declined to report on effective leadership to prevent errors, and whether they have enough qualified nurses.

Sanford Bismarck Medical Center, Grade: C

Sanford Bismarck Medical Center also had problems with infections including surgical site infections, surgical problems dangerous blood clots, practices to prevent errors (declined to report on handwashing practices), and the facility declined to report on safety problems such as patient falls and efforts to track and reduce risks to patients.

How much does it cost to hire a Bismarck medical malpractice lawyer?

The Bismarck medical negligence lawyers at the Larson Law Firm take medical malpractice cases on contingency. So, you do not pay attorney fees upfront. Instead, we receive our payment after we have recovered compensation for you. Our medical malpractice attorneys receive a percentage of the total settlement or verdict. We also advance the costs for investigating your case, hiring medical subject matter experts who will review your medical records, consult with the other medical professionals present, and testify as to how the physician’s actions or failure to act was a breach of the accepted standard of care for their specialty.

Our attorney fees and the other incidental costs associated with your case will come out of your settlement or verdict, which means that you don’t have to worry about how you will come up with a costly retainer. It also incentivizes our team to fight hard to recover the maximum compensation available for you.

What damages are available in a medical malpractice lawsuit?

If your case is successful, there are several types of damages available to compensate you for the pain of the injury, the medical expenses you have incurred, the time you have lost at work, and if the injury was permanent or inhibits your ability to do your job. Some of the damages available in a medical malpractice lawsuit include:

  • Medical expenses past, present, and future related to the accident injury
  • Wage losses for the time you missed at work in the hospital or recovering from your injury at home
  • Diminished earning capacity
  • Pain and suffering
  • Severe emotional distress
  • Loss of consortium (for spouses)
  • Wrongful death for the families who have lost loved ones due to medical negligence

How much is my medical negligence injury worth?

This is not a question that can be answered with any amount of accuracy in the beginning of your medical malpractice claim. Every medical negligence claim is different, so will the factors which are calculated to come up with a compensation range be different in every case. Until your injuries have resolved, and until we know the amount of your medical expenses, how much pain you are experiencing, and how the injury has impacted your ability to work, we will not begin to be able to tell you how much you might be able to recover.

The good news is that your trusted Bismarck medical malpractice lawyer from the Larson Law Firm is prepared to pursue justice on your behalf. We are here to protect your interests and to make sure that you recover every bit of compensation that is due to you for the pain, the emotional distress, and the disruption to your life caused by a preventable medical mistake.

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Schedule a free consultation with a trusted Bismarck medical malpractice lawyer

The experienced Bismarck medical malpractice lawyers of Larson Law Firm P.C. have years of knowledge and experience in the courts of North Dakota. If your serious injury was caused by a medical professional, trust a firm with a proven track record of success. You are welcome to complete our contact form or call us toll free at 701-484-HURT to schedule a free initial consultation.

Types of Cases We Handle

Our Bismarck attorneys handle a variety of cases, including:

Personal InjuryCar AccidentsTrucking Accidents
Motorcycle AccidentProduct LiabilityPremises Liability
Medical MalpracticeNursing Home NegligenceWorkplace Injury
Burn Injury

Bizmarck Office Location

Larson Law Firm P.C.
1022 E. Divide Ave.
Suite E
Bismarck, ND 58501

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Contact Us701-484-HURT