Wrongful Death from a Heart Attack Misdiagnosis: Minneapolis Medical Malpractice

When a Heart Attack is Misdiagnosed it Can Result in a Wrongful Death: Minneapolis Medical Malpractice Lawyer


We all know that heart attacks are very dangerous medical emergencies and can be deadly.  As a St. Paul and Minneapolis medical malpractice lawyer, this is one of the reasons why I hosted “heart attack week” to educate people of heart attacks and this type of medical malpractice.  This is the last post for heart attack week, and it focuses on the wrongful deaths caused by Minneapolis medical malpractice.


What is a Wrongful Death Case?


A wrongful death action is a case which seeks compensation against the liable defendants who caused the wrongful death of a victim.  These types of personal injury cases serve two objectives.  The first objective is to compensate the next-of-kin of the victim for the pain, suffering and emotional distress resulting in not having the loved one in their lives anymore as well as the damages that the wrongful death caused to the family.  This includes the loss of financial support, loss of services, and loss of love and affection.  The second objective is to hold the defendant accountable who  caused the wrongful death and to serve as a deterrent to others making similar mistakes.  Wrongful death lawsuits can bring about important change.


Who Can Commence a Wrongful Death Case for Minnesota Medical Malpractice?


Wrongful death lawsuits bring interesting legal issues.  This is because, generally under the law, a person must be aggrieved to commence a lawsuit against another person or entity.  This is known as “standing,” or the ability to bring a claim.  Since the victim of a wrongful death case is unable to commence a wrongful death lawsuit, the Legislature has enacted laws to give standing to various individuals to commence a Minnesota wrongful death lawsuit from a heart attack misdiagnosis.


This is specifically outlined in Minnesota statute 573.02, which provides standing to various individuals which include the following people:

  • Surviving spouse;
  • Children of the deceased;
  • Parents of the deceased;
  • Grandparents of the deceased;
  • Siblings of the deceased; and
  • Individuals who are accepted and appointed standing by a court.

This means that any one of these people could commence a Minneapolis wrongful death lawsuit against a negligence hospital or healthcare provider for fatal medical malpractice errors.

How Long Do I Have to File a Minnesota Wrongful Death Lawsuit?


Under Minnesota s 573.02, one of the individuals noted above generally has three years from the date of death to commence a Minnesota medical malpractice lawsuit.  This is known as the statute of limitations period, and it is imperative that a victim’s personal representative commence a medical malpractice claim within this period of the case can be procedurally barred.


Failure to commence a medical malpractice lawsuit within the statute of limitations period means even the best medical malpractice cases involving a misdiagnosed heart attack will not be heard on the merits and will automatically lose.  This is why retaining a Minneapolis medical malpractice lawyer is imperative.  It is also important to not delay in retaining a lawyer as the sooner the lawyer is hired the sooner he or she can seek out and preserve evidence and interview key witnesses while recollection of the event is still fresh in their memories.


Was a Loved One Killed Due to a Heart Attack Misdiagnosis?  Call an Minneapolis Medical Malpractice Lawyer to Handle Your Minnesota Wrongful Death Case Today!


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) 444-3374 to learn what your rights to compensation may be.  If we accept your case, we will conduct a thorough 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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