Minneapolis Cord Prolapse Lawyers
Umbilical cord issues are some of the most common, and most dangerous, labor and delivery emergencies. Typically, issues with the cord threaten the baby. But with cord prolapse, the baby threatens the cord. The umbilical cord prolapses (drops) between the cervix and the fetus. The fetus depends entirely on the cord for all nutrients. So, if the cord is compressed, the baby could die within minutes.
Time is of the essence in these situations. The doctor must quickly distinguish between some other cord emergencies, such as shoulder dystocia (SD), and cord prolapse. Then, a crash c-section is usually the only way to save the baby. So, the entire team must quickly transition from routine delivery to surgical delivery. Any delay in either area could be extremely costly.
Cord prolapse is a relatively common labor and delivery emergency. At least one such incident usually happens every day at large Minneapolis hospitals. Yet many doctors are not prepared for these situations.
In contrast, the diligent Minneapolis cord prolapse lawyers at Wais, Vogelstein, Forman, Koch & Norman are always well-prepared. This preparation begins at your initial consultation with a thorough case review. Then, during the evidence-gathering process, we not only focus on building your claim. We also anticipate common insurance company defenses, so we can refute them in court. Thanks to our intensive preparation, we are usually able to settle birth injury claims out of court.
Duty in a Medical Negligence Claim
Legally, most non-professionals have a duty of reasonable care. For example, motorists must drive defensively and avoid accidents when possible. Most professionals, including doctors, lawyers, and accountants, have a fiduciary duty. They must always do what is best for their patients or clients, even if that course of action is harmful to their professional or personal lives. Doctors must not schedule more appointments than they can handle, and lawyers must work weekends if necessary.
As mentioned, accuracy and speed are the two most important components of a fiduciary duty during a cord prolapse emergency.
Cord prolapse is often indistinguishable from other emergencies without a pelvic exam. Doctors cannot rush to judgment when the baby’s heart rate drops or other general alarms go off. Additionally, doctors must be able to quickly pivot their teams. Fast action usually depends on preparation. Necessary professionals, like anesthesiologists, must be on standby. Furthermore, surgical instruments should be properly sanitized and ready to go.
Since the duty of care is so high in medical negligence claims, it’s usually easier for a Minneapolis cord prolapse lawyer to establish negligence, or a lack of care. But establishing negligence is not enough. A number of insurance company defenses are available in negligence claims. These defenses could reduce the amount of compensation the victim receives, or even defeat a claim altogether.
This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are often available in medical malpractice cases as well.
Resolving Medical Negligence Claims
As mentioned, we settle most birth injury claims out of court. Frequently, these cases settle during mediation.
Mediation usually occurs relatively late in the process. So, both sides can accurately judge the strengths of their claims and defenses. Furthermore, since medical treatment is at least substantially complete at this point, an attorney has a good idea of the damages involved.
Procedurally, a third-party mediator, who is usually an unaffiliated Minneapolis cord prolapse lawyer, oversees a settlement negotiation session. The mediator not only serves as a referee. The mediator also conveys settlement offers and counter-offers between the parties.
Legally, both sides have a duty to negotiate in good faith. So, they cannot simply go through the motions. They must work toward a settlement. Mostly because of this additional duty, and also because a trial date is looming in the near future, mediation is about 90 percent successful.
Contact a Dedicated Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced umbilical cord prolapse 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.