Minneapolis Childbirth Injury Lawyers
A serious personal injury is perhaps the most difficult challenge that an individual or family can endure. The medical bills alone usually exceed $50,000. The emotional pain, which the financial stress exacerbates, is often even more intense than the physical pain. Making matters worse, insurance company representatives seemingly call constantly demanding a settlement. It’s tempting to take this settlement offer and move on. But victims have no way of knowing if the offer is fair.
Birth injuries are even worse. In addition to the hardships detailed above, birth injuries are transformative. They change sheer joy into sheer despair almost overnight. That transition is a very difficult pill to swallow.
So, the diligent Minneapolis childbirth injury lawyers at Wais, Vogelstein, Forman, Koch & Norman work extra hard to obtain maximum compensation in these situations. No amount of money can reverse the physical, emotional, and other effects of a serious childbirth injury. But, the available compensation helps families pick up the pieces, care for their injured children, most of whom suffer permanent injuries, and otherwise move on with their lives. These items may not seem like much. But they are the best possible outcome in these situations.
Kinds of Childbirth Injuries
Many people associate birth injuries with improper delivery techniques which doctors use in the close to the final stages of the PLDR (prenatal, labor, delivery, and recovery) process. But a childbirth injury could occur, and often does occur, at other junctures as well.
- Prenatal Issues: Particularly very early in the process, when women have not yet conceived, many doctors fail to recognize or appreciate some risk factors, such as prior C-section delivery, that could cause serious problems later. Frequently, the problem is the aforementioned desires and needs difference. Many women want to get pregnant and give birth naturally so badly that doctors overlook risks they consider “borderline.” These issues are more acute if the mother is a walk-in delivery and the prenatal process consists of a brief medical history review.
- Labor Problems: As mothers prepare for delivery, doctors must closely monitor the mother’s health and safety and look for evidence of fetal distress. Additionally, doctors must manage medication issues, like epidural anesthesia and Pitocin dosage, to help ensure a smooth delivery. Treating physicians cannot delegate these responsibilities to other professionals.
- Recovery Problems: Another fundamental rule of life, which is generally true, is that our mistakes often have lasting consequences. Additionally, some birth errors have effects, like developmental delays and latent bone fractures, that do not become apparent for months or years. Doctors often wash their hands of such matters when the baby leaves the hospital. But that event does not cancel the duty of care in these cases.
These injuries, while they are unintentional, are normally not accidents. People accidentally leave the oven on. They do not accidentally disregard monitor data or commit other such egregious medical errors.
Damages Available
The aforementioned compensation is available if a Minneapolis childbirth injury lawyer establishes negligence, or a lack of care, by a preponderance of the evidence, or more likely than not.
Compensatory damages in a civil case are not likely criminal court fines. Fines punish defendants. The victims of these crimes, even murder or another very serious crime, usually get almost nothing.
Damages are not about punishment. Instead, compensatory damages, wait for it, compensate victims for their tangible and intangible losses. If Max unintentionally runs over his neighbor’s mailbox, he must pay to replace the mailbox. Likewise, if Dr. Max unintentionally causes a birth injury, he must pay compensation.
This compensation also includes money for noneconomic losses. Minnesota law requires damages to put victims in the same position they occupied before the injury. Since no one can turn back the clock and reverse the injury, money damages are the next best thing.
Rely on a Dedicated Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced childbirth injury lawyer in Minneapolis, contact Wais, Vogelstein, Forman, Koch & Norman LLC by going online or calling 410-567-0800. We do not charge upfront legal fees in these matters.
