Minneapolis Cephalohematoma Lawyers
Cephalohematoma is a hemorrhage (accumulation of blood) beneath a newborn baby’s scalp. It usually appears very soon after birth. The condition itself is normally not serious, as the bulge is discrete, is located at the back of the head, and does not cross the suture lines of the bones on their head. However, cephalohematoma significantly increases the risk of other birth complications, such as fetal infections, anemia, and jaundice.
This condition is usually associated with a vacuum extractor or forceps. A vacuum extractor presses a metal cap against the baby’s head. Forceps, a surgical instrument which resembles a pair of salad tongs, also creates pressure at certain points on the baby’s head. This excessive pressure often breaks blood vessels in the baby’s head. Other risk factors, which a doctor should account for, include fetal macrosomia (larger-than-average baby), multiple delivery (twins or triplets), and epidural anesthesia.
The dedicated Minneapolis cephalohematoma lawyers at Wais, Vogelstein, Forman, Koch & Norman always property assess your case and never take shortcuts. This assessment includes a thorough review of the available evidence as well as any applicable legal theories. As the case progresses, we never take shortcuts during evidence-collection and other essential lawsuit phases. As a result, we normally obtain results that exceed our clients’ expectations.
Drivers can usually take shortcuts on their way to work. But doctors cannot ever take shortcuts during their interactions with patients. Drivers only have a duty of reasonable care, and doctors have a fiduciary duty. Motorists must drive defensively and avoid accidents when possible. Doctors must disregard all other priorities, such as financial profit or time management, and only do what is best for their patients.
Therefore, pretty much any medical lapse is negligence, or a lack of care. Medical misdiagnosis is a good example. The overall diagnosis accuracy rate in the United States is about 80 percent. That’s a passing grade in high school. But it’s a failing grade in the medical malpractice context.
Common insurance company defenses in negligence claims include assumption of the risk. This defense usually involves a medical treatment waiver that all patients must sign. A permission slip is not a get-out-of-jail-free card. Waivers simply make this defense easier to prove in court. This proof includes the following points:
- The agreement was a legal contract, not an illegal take-it-or-leave-it contract of adhesion,
- The patient voluntarily assumed the risk, and
- The risk was explicitly laid out in the waiver.
Defenses like assumption of the risk could either reduce or deny compensation to victims in these cases.
If a Minneapolis cephalohematoma lawyer establishes negligence by a preponderance of the evidence (more likely than not), the victim is entitled to compensation for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
Furthermore, mostly because of the high duty of care, additional punitive damages are often available in these claims as well. Such damages punish negligent doctors and deter future wrongdoing. A punitive damages cap may apply in some cases.
Count on a Reliable Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced cephalohematoma lawyer in Minneapolis, contact Wais, Vogelstein, Forman, Koch & Norman LLC by going online or calling 410-567-0800. After-hours visits are available.