Minneapolis Birth Complications Lawyer
This umbrella term usually refers to non-catastrophic birth injuries. Neonatal autism is a good example. Frequently, a long and/or difficult delivery causes this moderate brain injury. The effects of autism usually aren’t manifest until the baby is several months old, or even several years old, and is experiencing clear developmental delays. Other possible complications include feeding issues and muscle coordination issues. These issues are often related to cerebral palsy.
Frequently, doctors are not very upfront in this area. They often tell parents and caregivers that there were “some complications” during labor and delivery, but everything is fine now. As mentioned, it eventually becomes apparent that everything is not fine. Even if evidence of birth complications doesn’t arise for several years, these victims can usually still file negligence claims. These claims help families obtain the financial compensation they need and deserve. Furthermore, such claims usually force doctors to change the way they do business and put patient safety first.
The diligent Minneapolis birth complications lawyers at Wais, Vogelstein, Forman, Koch & Norman know what it takes to obtain maximum compensation in these matters. We pay close attention to details, since these details often make or break a case. At the same time, we never lose sight of the overall issues in the case. This approach has worked very well for us in the past, and we are confident it will work for your claim as well.
Liability Issues
The statute of limitations is sometimes an issue in birth complications claims. As mentioned, many families do not know there is a problem for a very long time. The statute of limitations in a negligence claim is usually two years.
However, even if this period has lapsed, victims usually still have options, thanks to the delayed discovery rule. Victims need not file legal paperwork until:
- They know the full extent of their losses, and
- They connect those losses with the defendant’s tortious conduct.
Assume Eric is having a hard time keeping up with the rest of his class. At age 7, a doctor determines he has autism. A Minneapolis birth complications lawyer could still pursue compensation from the physician who delivered Eric.
Getting through the courthouse door is only part of the liability battle. Additionally, victim/plaintiffs must prove negligence, or a lack of care, to obtain compensation.
Usually, doctors have a fiduciary duty. That’s one of the highest legal responsibilities in American law. As a result, there is usually no such thing as a medical “accident.” Almost any error, such as allowing a mother to go through several hours of hard labor, is negligence.
Damages Available
Compensation in a negligence claim usually includes money for economic losses and noneconomic losses.
Economic losses usually include medical bills as well as ancillary medical expenses, like transportation costs and prescription drug costs. Other economic losses include lost wages and lost productivity at work.
Noneconomic losses usually include items like pain and suffering, loss of enjoyment in life, emotional distress, and loss of consortium (companionship). These losses are often crippling for families. Very few things transform sheer joy into sheer tragedy as a long-term birth complication.
Due to the high duty of care in these cases, additional punitive damages are usually available as well. Jurors may award these damages if there is clear and convincing evidence that the defendant intentionally disregarded a known risk.
Reach Out to a Hard-Hitting Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced birth complications lawyer in Minneapolis, contact Wais, Vogelstein, Forman, Koch & Norman LLC by going online or calling 410-567-0800. We handle these claims on a nationwide basis.
