Minneapolis Lawyer for Developmental Disabilities Due to Birth Injuries
A variety of labor and delivery emergencies, such as hypoxic-ischemic encephalopathy (HIE), can cause long term physical and/or cognitive delays. Both these disabilities usually worsen over time. Physical abnormalities, like a lack of fine motor skills, may seem inconsequential at first. But when children cannot brush their teeth or comb their hair day after day and year after year, the injury becomes more serious and more costly. The same can be said for developmental delays. Every year, these children fall further and further behind in school. No amount of extra work can help them catch up.
So, the diligent Minneapolis developmental disabilities lawyers at Wais, Vogelstein, Forman, Koch & Norman thoroughly evaluate your case, from both a short-term and long-term perspective. Frequently, the immediate costs related to these injuries are only the tip of the iceberg. Our professional team often works with accountants, doctors, and other professionals to ascertain a reasonable amount of future medical expenses. Unless the settlement accounts for such costs, the family could be financially responsible for them. Once a judge closes a settled case, it’s almost impossible to reopen it.
What Causes Developmental Disabilities Due to Birth Injuries?
One of the real tragedies of birth injuries is that, in most cases, such injuries are easily preventable. Usually, the doctor’s failure to acknowledge, appreciate, or respond to risks or emergencies is the root cause of a birth injury.
During prenatal visits, or during a review of a patient’s chart in a walk-in delivery, doctors should always look for red flags. They cannot assume that the delivery will be routine for some reason. Furthermore, they cannot over-delegate such tasks to assistants. Frequently, when this happens, important information gets lost in translation.
Appreciating a risk involves taking appropriate preventative measures. These measures could include limiting the mother’s activity, regulating her diet, or giving her certain medications. Doctors cannot dismiss red flags like obesity or diabetes as “borderline” risks. Additionally, not all mothers are 100 percent cooperative. In these situations, doctors must care about maternal health more than the mothers.
The best laid plans of mice and men sometimes go awry. Occasionally, no matter what the doctor does or doesn’t do, a birth emergency arises. Of course, preventative action often reduces the risk of such an emergency to almost zero. Nevertheless, doctors must be prepared for the unexpected. Instead, they must quickly use evidence-based interventions. During a delivery room crisis, every second counts.
Evidence in Medical Malpractice Claims
A Minneapolis developmental disabilities lawyer can obtain compensation for such injuries if the doctor was negligent. Basically, negligence is a lack of care, as outlined above. The burden of proof in these claims is a preponderance of the evidence (more likely than not). Direct and indirect medical proof usually forms the bulk of the evidence in a birth injury claim.
Direct medical proof usually means prenatal, delivery, postpartum, and other records directly related to the birth itself. Such documents are only admissible in court if a lawyer lays the proper groundwork. Additionally, other evidence, like witness statements, often supplements the medical proof.
Indirect medical proof is usually a medical expert who evaluates the evidence and basically gives the doctor a pass-fail rating in terms of negligence. Since the standard of care is so high in these claims, almost any error is unacceptable. Doctors don’t have to be perfect. But because they have so much training and experience, their performance must be close to perfect.
Contact a Dedicated Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced developmental disabilities lawyer in Minneapolis, contact Wais, Vogelstein, Forman, Koch & Norman LLC by going online or calling 410-567-0800. Attorneys can connect victims with top-notch doctors, even if they have no insurance or money.
