Wrongful Death

When a Patient is Killed by a Hospital, Doctor or Nurse, it can be Minnesota Medical Malpractice and Result in a Wrongful Death Lawsuit

Every family’s worst fear is losing a loved one due to the mistake, error, or reckless conduct of another in an accident.  But we don’t expect that mistake to be caused by a medical professional.  After all, when we trust our loved ones to a doctor, we expect the doctor to heal them and not kill them.  Unfortunately, a doctor’s medical malpractice can kill a patient and it occurs all too often.  When this happens, the victim’s family may be entitled to file a wrongful death lawsuit to recover the loss of services, income, and companionship of their loved one.   A wrongful death lawsuit caused by medical malpractice can be a very complicated type of case and requires a passionate and knowledgeable attorney and law firm to represent a family during their time in need.  Kuhlman Law, LLC is that law firm you need to represent your family and your lost loved one that was killed by a negligent healthcare provider.  We handle Minnesota medical malpractice cases resulting in the wrongful death of a patient throughout the state.  We offer a FREE consultation and you will only pay us if we win your case.  Call us today by dialing (612) 349-2747 to learn what rights to compensation you and your family may have.

Defining Medical Malpractice and Wrongful Death in Minnesota

Medical malpractice is a common law or judge-made area of law premised on the theory of negligence.  The most basic definition of negligence is the failure to use reasonable care under the circumstances.  Negligence is where the conduct of a defendant falls below the standard of care established by the law for the protection of others against unreasonable risk of harm, including injury or death.   A death action is a lawsuit against a person or entity which caused the death of a person due to a willful or negligent act.  This is specifically defined in Minnesota Statute 573.02, which provides a death action is “[w]hen death is caused by the wrongful act or omission of any or corporation[.]”  These are civil actions which mean a private individual seeks damages in the form of compensation against the negligent party, not jail time.  This is more popularly known as a “wrongful death” lawsuit.   Also under Minnesota Statute 573.02, a wrongful death lawsuit must be filed within three years of the date of the victim’s death.  This is known as the statute of limitations, which is a time limit on filing a lawsuit.  If you fail to commence a wrongful death action within three years, your case may be barred and you will not be able to present it to the court.

Who Can File a Minnesota Wrongful Death Action Caused by Medical Malpractice

A Minnesota wrongful death lawsuit is brought by the surviving spouse of the victim and the next of kin.  Generally, if the victim was married the surviving spouse will have the default priority to commence a lawsuit for wrongful death over the other next of kin.  However, this is not always the case and the surviving spouse may not be able to commence such action, including due to incapacitation.   Below is a list of all individuals who may be entitled to commence a wrongful death action:

  • Surviving spouse of the victim;
  • Children of the victim;
  • Parents of the victim;
  • Siblings of the victim;
  • Grandparents of the victim;
  • Grand children of the victim; and
  • Other relatives as defined by law.

What Damages Can be Sought in a Minnesota Wrongful Death Lawsuit

Since wrongful death lawsuits are civil actions, they seek damages in the form of compensation.  Some forms of compensation that may be sought in a wrongful death lawsuit include the following:

  • Pain and suffering of the victim;
  • Reasonable burial expenses and funeral expenses;
  • Medical bills surrounding the victim’s death;
  • Loss of services of the victim to the family;
  • Loss of companionship and consortium of the victim to the victim;
  • Loss of financial support including income, wages, benefits, insurance, and other lose earnings;
  • Emotional distress caused by the death;
  • Punitive damages if the death was caused in a particularly horrible manner; and
  • Many other damages as reasonable and permitted.

Call Kuhlman Law, LLC to Represent Your Family in a Minnesota Wrongful Death Action Caused by Medical Malpractice

If you or a loved one have been injured due to the medical malpractice of a healthcare provider such as a doctor, nurse, hospital, or other health care service professional, call Kuhlman Law, LLC for a FREE consultation by dialing (612) 349-2747 to learn what your rights to compensation may be.  We will conduct a review of your case and advise you whether there may have been a serious medical mistake causing your injury.   There is no risk, and you do not owe us money unless we win your case.

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