Minneapolis Brain Damage or Swelling Lawyers
Infant brain injuries, like adult brain injuries, are permanent. When brain cells die, they never regenerate. Cranial compression injuries, mostly from instruments like vacuum extractors and forceps, are among the leading causes of infant brain injuries. Sometimes, these victims must live with the effects of a brain injury, like reduced cognitive and physical functions, for the rest of their lives. Other times, brain injuries are fatal, either directly or indirectly.
The hard-working Minneapolis brain damage or swelling lawyers at Wais, Vogelstein, Forman, Koch & Norman bring all our training, experience, passion, and compassion to bear in every case we handle. During our years of experience, we have developed proven methods that get results for our clients. Furthermore, we feel very strongly that negligent doctors should be held responsible for their mistakes. Finally, we understand the pain and suffering these families must endure on a daily basis.
What Causes Fetal Brain Damage?
We mentioned common mechanical birth assistance devices above. Although doctors commonly use them, they are extremely dangerous, both in their design and implementation.
- Forceps: This crude surgical instrument resembles a giant pair of salad tongs. If the baby does not glide smoothly down the mother’s birth canal, doctors often use forceps to grasp the baby’s head and pull the infant out of the mother. Such extreme force on such a tiny baby could cause both internal and external head injuries.
- Vacuum Extractor: Basically, this gadget is a vacuum pump attached to a metal cap. The doctor straps the cap on the baby’s head, turns on the suction, and tries to literally suck the infant out of the mother. Once again, the extreme force could cause a serious head injury, like a skull fracture or a pressure-related internal brain injury.
Doctors have a very high duty of care in these situations. They cannot use such shortcuts to avoid performing a c-section or another more complicated, yet safer and more reliable, procedure.
Evidence in Medical Malpractice Claims
To obtain compensation for victims, a Minneapolis brain damage or swelling lawyer must prove that negligence, or a lack of care, caused the injury, and that this injury included physical damage. Evidence is critical on all three points. A victim/plaintiff has the burden of production and the burden of persuasion in a birth injury claim.
We mentioned the standard of care above. Usually, this standard is a fiduciary duty. To establish a lack of care, a neutral expert usually reviews the evidence and renders an opinion. Minnesota courts have strict rules regarding expert witness qualifications.
Medical records normally establish the injury. Internal head injuries have symptoms like motor skill problems and developmental delays. Therefore, many of these victims don’t show brain injury symptoms for several months or years. So, the medical evidence in a birth injury claim is often voluminous.
Compensatory damages in a medical malpractice claim usually include money for economic losses, such as the aforementioned medical expenses, and noneconomic losses, such as pain and suffering. This compensation helps families pay negligence-related costs and move on with their lives.
The burden of proof in these cases is usually a preponderance of the evidence, or more likely than not. Imagine two equally-sized paper towel rolls sitting side by side. If someone tears part of one sheet off the roll on the left, it’s larger than the one on the right. That’s a picture of a preponderance of the evidence.
Reach Out to a Hard-Hitting Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced brain damage or swelling 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.