Medical Negligence FAQs

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North Dakota Medical Negligence Attorneys Are Your Staunchest Advocates

Answers to the most frequently asked medical negligence questions

Doctors, nurses, and other healthcare providers are trusted to provide reliable and safe medical treatments for the sick and injured. Unfortunately, that trust is often broken when these professionals are negligent or reckless in their decision-making and practices. These medical negligence cases are inherently emotional and stressful for injured patients and their family members.

At the Larson Law Firm P.C., we understand just how difficult these situations can be and are ready to do whatever it takes to get you the restitution you deserve for your injuries. Our highly skilled and compassionate North Dakota medical negligence attorneys routinely accept a wide variety of medical negligence cases ranging from surgical errors, birth trauma, and failure to diagnose. Throughout our years of helping injured patients, we have received numerous questions about medical negligence and the process of obtaining compensation for these injuries. Below, we provide answers to some of the most commonly asked questions.

What you should know about hospitals in our state

Minot is home to Trinity Hospital and Unimed Medical Center. St. Alexius Health Williston Medical Center and McKenzie County Memorial Hospital in Watford City are close by, and Bismarck is home to two more. All told, we have more than 40 medical facilities located throughout the state, and Trinity even made the list of 10 best hospitals in North Dakota.

Just because a hospital is rated as “the best,” however, does not mean that mistakes cannot happen, or that negligence will not occur. Trinity Hospital, for example, was given poor scores by the non-profit Leapfrog Group for its Intensive Care Unit services, and for the way it handles high-risk deliveries. It also scored poorly in regard to hospital-acquired infections, including surgical site infections following colon surgery and urinary catheter infections, and for hospital-acquired injuries like falls.

What is medical negligence?

Within the medical industry, healthcare professionals are expected to provide a reasonable standard of care when making decisions and treating patients. When professionals fail to meet that standard, their negligence could be an act of medical malpractice. Some of the cases our firm is equipped to handle include:

  • Failure to diagnose a medical condition or event
  • Birth trauma and injuries
  • Surgical errors
  • Failure to properly obtain informed consent
  • Errors in prescribing or administering medication
  • Delayed treatment of imminent cardiac events

When does medical negligence occur?

Medical negligence may occur at any point during the evaluation and treatment process. Some cases arise from a failure to diagnose a patient’s condition during a routine visit. For example, if a doctor fails to monitor the blood pressure of a patient with a known history of hypertension, and the patient suffers a heart attack that evening, the doctor may be liable for the harm because he or she was medically negligent in not monitoring the patient’s blood pressure. Medical negligence also commonly occurs within the emergency department or inpatient hospital setting.

How do you prove medical malpractice?

Generally speaking, we must be able to prove:

  • A doctor/patient relationship existed, and therefore, you were owed a certain duty of care.
  • The doctor (or other healthcare professional) breached that duty of care.
  • You sustained injuries as a result of that breach.
  • You are entitled to damages because of those injuries.

These cases can be complex, and it is important to seek legal advice and support from an experienced attorney with a successful track record of tackling a variety of these claims.

How much is my medical negligence case worth?

It depends. Every case is different, so it is difficult for us to predict the outcome without a full analysis of what occurred and the impact of your injuries. When determining an appropriate compensation request, we look at numerous factors, including:

  • The amount of current medical treatment needed
  • The cost of future medical treatment and rehabilitation
  • Lost wages
  • Loss of future earning potential
  • Pain and suffering
  • Loss of consortium for your spouse

Will I have to go to court?

While our legal team diligently works to get you a fair and just settlement amount, negotiations are sometimes unsuccessful. When this occurs, we pursue your case within the courts. We know it can be intimidating to testify in court. That is why we work to make it as effortless as possible for you. We are seasoned litigators who have spent decades developing our courtroom skills, so even if your case goes to court, you can feel confident in the abilities of our legal team.

How long do I have to file a medical negligence claim?

The statute of limitations is generally two years for North Dakota medical negligence cases. This means that you must file your claim within two years from the date the injury occurred or the date you became aware of your injuries. While many injuries are apparent almost immediately following the negligent actions of a physician, some conditions may not present until weeks, months, or years later. To ensure that your rights are preserved, it is essential to consult a skilled North Dakota medical malpractice attorney as soon as you suspect that something may be amiss with your medical care or treatment.

Trust us with the complexities of your North Dakota medical negligence case

When a healthcare provider inflicts harm instead of healing, the consequences can be long-lasting and irreversible. At the Larson Law Firm P.C., our legal team has successfully negotiated and litigated some of the state’s most prominent cases. We provide legal services to injured parties across North Dakota, including the residents of Ward, Williams, McKenzie, Pierce, and Mountrail Counties. Our Minot office is easily accessible with convenient parking available. If you or a loved one has suffered unnecessary injuries at the hands of a healthcare professional, call us at 701-484-HURT or complete our contact form to schedule a free initial consultation.

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