Minneapolis Fetal Macrosomia Lawyers
Roughly 10 percent of the babies born in Minnesota are macrosomic (abnormally large). Technically, fetal macrosomia begins at a birth weight of eight pounds, fourteen ounces (8/14). The risks of injuries increase significantly if the baby is at least 9/15. These risks could affect mothers and babies. Mothers of LGA (Large for Gestational Age) infants often experience severe vaginal lacerations during delivery. Other risks include uterine rupture, labor problems, and postpartum bleeding. Large babies often have issues like obesity, diabetes, and hypertension. Fetal macrosomia is not curable or reversible. But it is preventable.
The assertive Minneapolis fetal macrosomia lawyers at Wais, Vogelstein, Forman, Koch & Norman take a similar approach with your case. Instead of waiting for problems to develop and then reacting to them, we anticipate issues and deal with them before they become major problems. We have used this proactive approach for many years, and it usually produces results that exceed our clients’ expectations. We are confident that this same approach will produce the same results in your case.
What Causes Fetal Macrosomia?
A number of risk factors could contribute to fetal macrosomia. Some are not preventable, but others are preventable.
The baby’s gender is an example of an unpreventable risk factor. Most babies heavier than 9/15 are boys.
Other risk factors are semi-preventable. These include AMA (Advanced Maternal Age) mothers. Generally, an AMA mother is anyone over 35. Prior pregnancies, especially if the babies were big, also increases the fetal macrosomia risk. Usually, the duty of care requires doctors to expressly warn women who are thinking about getting pregnant about these risks. Failure to warn could be negligence. Failure to explain the gravity of the situation could also be negligence. Doctors cannot sugar-coat bad news.
Other risk factors are preventable. These include excessive weight gain during pregnancy, severe maternal diabetes, and maternal obesity. These risk factors are often beyond a doctor’s control, at least to a considerable extent. As a result, the comparative fault defense is very common in fetal macrosomia claims. More on that below.
Compensation is available in these claims if the doctor’s behavior fell below the standard of care. 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 these claims as well.
The lack of care in birth injury claims usually involves a fiduciary duty. This is one of the highest legal responsibilities in the law. To prove a lack of care, a Minneapolis fetal macrosomia lawyer usually establishes the standard of care and demonstrates how the doctor failed to live up to that standard.
Establishing a prima facie negligence case is usually not enough to obtain maximum compensation, largely because of the aforementioned comparative fault defense. This legal doctrine shifts blame for an injury from the tortfeasor (negligent actor) to the victim. For example, in an LGA injury claim, the insurance company might argue that the mother ignored medical advice and did not watch her weight or take care of her diabetes.
In these cases, after jurors hear the evidence, they must divide responsibility between the parties on a percentage basis.
Minnesota is a modified comparative fault state with a 51 percent bar. So, as long as the victim is no more than 49 percent responsible for the injury, the tortfeasor is responsible for a proportionate share of damages.
Doctors are legally responsible for damages in these cases. The hospital or other facility which employed the doctor, or the doctor’s malpractice insurance company, is usually financially responsible for damages.
Reach Out to a Diligent Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced fetal macrosomia lawyer in Minneapolis, contact Wais, Vogelstein, Forman, Koch & Norman LLC by going online or calling 410-567-0800. You have a limited amount of time to act.