Minneapolis Bone Fracture Lawyers
Older adults and small infants have extremely brittle bones. Older adults have weak bones mostly because of years of wear and tear. Small infants have brittle bones because they are largely underdeveloped. That’s especially true of premature infants. In either case, a tiny amount of excessive physical force could cause a serious or permanent injury.
Many nursing home employees fail to appreciate this risk, as do many delivery and neonatal physicians. During delivery emergencies, many doctors try to pull babies out of their mothers by grabbing their arms, shoulders, or heads. Worse yet, some doctors use mechanical birth aids, like forceps, which often cause skull fractures. Neonatal doctors often poke and prod small children. This pressure could be sufficient to break bones.
The experienced Minneapolis bone fracture lawyers at Wais, Vogelstein, Forman, Koch & Norman routinely handle these matters in Hennepin County and nearby jurisdictions. So, we are fully familiar with all local rules of procedure. This familiarity includes the unwritten rules. As a result, we focus all our energy and effort on your claim for damages. This dedication enables us to obtain maximum compensation for your serious injuries.
Duty of Care
Minnesota law assigns everyone a duty of care in all situations. The exact nature of this duty, which always includes avoiding intentional injuries, usually depends on the nature of the relationship between the injured party and tortfeasor (negligent party).
The doctor-patient relationship is one of the most-sided relationships in commercial relations. Doctors have an immense amount of training and experience. In terms of healthcare, patients have almost no training or experience. Because of this imbalance, the law imposes a high duty on doctors.
This duty is much higher than the “do no harm” requirement in the Hippocratic Oath. Instead, the level of responsibility is a fiduciary duty. Doctors must disregard all other priorities and only do what is best for their patients.
Successful doctors aren’t just good doctors. They also have excellent business and time management skills. But when it comes to patient care, making money and managing time take a back seat to everything else.
Because of the high duty of care, it’s easier for a Minneapolis bone fracture lawyer to establish negligence, or a lack of care. If a lack of care, as outlined above, caused a broken bone or other injury, damages usually include compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are often available in these cases as well.
What to Expect in a Brain Injury Case
If all issues in a medical malpractice claim, mostly liability for injury and the extent of damages, are crystal-clear, many of these claims settle almost immediately. But there are almost always some questions in one or both of these areas. Insurance companies use these questions as an excuse to drag their feet.
Therefore, to pressure the insurance company into settlement, and also to preserve the victim/plaintiff’s legal rights, most attorneys file suit at this point.
After an exchange of pretrial motions, an information exchange period usually follows. This information exchange is called discovery. During discovery, many victim/plaintiffs must submit to medical examinations and give their depositions.
If the case remains unresolved following discovery, the judge will most likely refer it to mediation. Since mediation is a court-supervised negotiation session, mediation is about 90 percent successful.
Rely on an Energetic Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced bone fracture lawyer in Minneapolis, contact Wais, Vogelstein, Forman, Koch & Norman LLC by going online or calling 410-567-0800. Virtual, home, and hospital visits are available.