Malpractice lawsuits highly technical, expensive
Medical malpractice lawsuits are difficult to file in Minnesota, let alone win, and they're not approached lightly.
Under a state law passed in the 1970s to prevent frivolous lawsuits, before a case can be brought it must be reviewed by an independent medical expert who specializes in the same field of the physician accused of wrongdoing. That expert then has to sign a detailed affidavit saying that not only did negligent care occur, but the care resulted in harm. The cost to get an expert and to obtain medical records can be thousands of dollars.
"A lot of law firms stay away from these cases because it involves a lot of time and expense before you even know if there's a case," said Paul Schweiger, a Duluth attorney who specializes in malpractice cases.