Free Legal Insights White Paper
When Good People Meet Bad Medicine: The Pre-Suit Anatomy & Physiology of a Medical Malpractice Claim
The definitive practical and legal considerations for preparing a successful medical malpractice claim.
Few tort claims contain the pre-suit requirements as do medical malpractice actions. LegalResearch.com’s When Good People Meet Bad Medicine: The Pre-Suit Anatomy & Physiology of a Medical Malpractice Claim highlights the most common considerations that, if overlooked, could mean the difference between a substantial plaintiff’s award and a dismissal with prejudice.
Major Legal Insights covered in this white paper:
- Defining elements of a medical malpractice claim
- Identifying proper plaintiffs and defendants your case
- Knowing time limitations on your claim
- Understanding statutory prerequisites of your claim
- Assessing value and limitations on damages
Table of Contents
INTRODUCTION
ELEMENTS OF A MEDICAL MALPRACTICE CASE
WHO ARE THE PROPER PARTIES?
- Real Party in Interest
- Adult Patients
- Minor Patients
- Related Spousal or Parental Claims
- Who Should You Sue?
WHEN CAN YOU SUE?
- Statutes of Limitations
- Tolling the Statute of Limitations Due to Fraud
- Tolling Based on Lack of Legal Capacity to Sue
- Statutes of Repose
- Course of Treatment Doctrine
- Continuing Treatment Doctrine
- Course of Conduct Doctrine
HAVE YOU MET ALL PRE-SUIT REQUIREMENTS?
- Pre-suit Notice Requirements
- Expert Certification
- Pre-suit Alternative Dispute Resolution and medical review panels
WHAT DAMAGES ARE AVAILABLE?
- Economic Damages
- Non-economic Damages
- Damages Caps
- Attorneys’ Fees
- Practical Considerations: Subrogation and the Collateral Source Rule
CONCLUSION
About the Authors
Vicki Krueger, LegalResearch.com Senior Research Attorney, graduated from the University of Minnesota School of Journalism and Mass Communication. She pursued her writing and editing interests for ten years before attending the University of Minnesota Law School, where she was an editor of the Journal of Law & Inequality and a cum laude graduate. In private practice with Fredrikson & Byron and Rosenthal, Rondoni, McMillan & Joyner, Vicki worked primarily in the areas of commercial litigation and family law before joining LRC in 1989. Since that time, she has engaged in countless legal research projects, including various studies of legal research practices and economics. Vicki specializes in multijurisdictional research and analysis, including legislative and regulatory tracking in hot topical areas of law.
Conor Tobin, LegalResearch.com Research Attorney, is admitted to practice in Minnesota, Washington, and Wisconsin. He has litigated cases before juries, administrative tribunals, and the court of appeals. He has experience in personal injury and professional negligence cases including medical and dental malpractice. He has also represented healthcare providers in disciplinary proceedings and presented to providers on ethical and recordkeeping requirements.
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