Wrongful Death from Infections Due to Minnesota Medical Malpractice

When Medical Errors in Handling an Infection Cause a Wrongful Death, it is Serious Minneapolis Medical Malpractice


This is the fifth and final post for “infection malpractice week.”  As a Minneapolis medical malpractice lawyer, there can be no worse personal injury in an infection malpractice case than wrongful death.  Indeed, wrongful death is the ultimate personal injury which can effect an entire family.  When an wrongful death is caused by an infection, it is usually excruciating and very difficult for the victim and the victim’s family.  This is why a victim’s family needs to be aware of when an infection which causes the wrongful death of a loved one could be caused by medical malpractice.


How Does Wrongful Death Happen in an Infection Case?


If a patient dies from an infection while in the care and treatment of a healthcare provider such as a hospital or nursing home, a victim’s family should contact a medical malpractice lawyer.  This is especially true if the victim went into the healthcare facility without an infection and developed an infection therein.


Infections are very common and can be treated in a variety of ways if the healthcare team is acting within the standard of care.  However, unfortunately, many healthcare teams fail to meet the standard of care required of them which means their conduct could become reckless, careless, and negligent.  Even though infections are common, all healthcare staff are constantly trained in the dangerous of infections and why they need to be guarded against and aggressively treated.  Undiagnosed infections can be deadly.


Most times when an infection causes a patient’s wrongful death there is a clear chain of missed opportunities to identify, diagnosis, and treat the infection.  This is especially true of victims who are admitted in a hospital either in an emergency room or post-surgical unit, or victims who are in a nursing home facility.  Sometimes healthcare providers are short staffed and cannot reasonably accommodate the needs of all patients.  Other times the staff is ill-trained and does not do enough evaluation and testing to guard against a patient’s risk for infections or infection-causing injuries such as a pressure sore.  In both situations there are no excuses for the failures to guard against the patient’s infections.


Minnesota Wrongful Death Cases: Who Can Commence and How Long?


When a victim succumbs to his or her injuries due to medical malpractice, the victim’s family may have a wrongful death case.  This is a case where the victim’s family can seek damages for the victim’s conscious pain and suffering, funeral and burial expenses, lost wages and income (support), and the family’s emotional pain, suffering, and loss of love and affection of their deceased loved one.


Under Minnesota s 573.02,  are several family members who may be entitled to commence a Minnesota wrongful death case due to medical malpractice.  Generally, the surviving spouse is the most appropriate person to do so.  Adult children may also commence a claim for a deceased parent if the surviving spouse does not or physically cannot.  In the case of a child being wrongfully killed, either parent or natural guardian may commence a wrongful death case.  Additionally, a personal representative may petition the court to appoint him or her if the court deems such person appropriate.


The time to commence a wrongful death case in Minnesota from an infection case is three years from the date of the death.  This is also under Minnesota s 573.02 and is known as the statute of limitations period, and it must be strictly complied with or the case may be procedurally barred.


Families Who Lost a Loved One Due to a Doctor’s Mistake Should Call Our Minneapolis Medical Malpractice Lawyer


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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