Minneapolis Fetal Ultrasound Errors Lawyers
Typically, doctors perform an early ultrasound to confirm pregnancy and look for evidence of any health or safety issues. Then, doctors perform ultrasounds as needed during the remainder of the pregnancy. An advanced ultrasound, along with careful monitoring of the mother’s overall health, is usually the best way to prevent labor and delivery emergencies which could seriously injure the mother, the baby, or both.
Frequently, insurance companies have cost rules in these situations. Absent extraordinary circumstances, the company only pays for one or two. As a result, some doctors don’t perform necessary pregnancy monitoring ultrasounds because they are afraid the insurance company won’t pay for them. Other doctors over-delegate these matters to nurses or patient care technicians. These professionals are usually qualified to administer ultrasound examinations. However, they are not fully qualified to interpret the results. The duty of care requires doctors to put the patient’s best interests before their own interests of making money and saving time.
In contrast, the dedicated Minneapolis fetal ultrasound error lawyers at Wais, Vogelstein, Forman, Koch & Norman always put clients first. Every time we work on your case, we promise to work hard. Furthermore, we promise to proactively and openly communicate with you, so you are never in the dark. Finally, we promise not to relent until we obtain maximum compensation for your serious injuries.
Evidence in Fetal Ultrasound Error Claims
To obtain compensation, a victim/plaintiff must prove negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. So, evidence, specifically medical evidence, is usually critical in a birth injury claim.
Sometimes, the medical evidence is indirect. This proof usually involves the standard of care. Frequently, the standard of care is fixed. For example, all motorists usually have the same legal responsibilities, whether they have been licensed for thirty minutes or thirty years.
But medical negligence claims are often different. Since the resources are different, doctors at large urban hospitals might not have the same standard of care as doctors at rural clinics. Furthermore, mothers are different. If there are some red flags, such as the mother’s age or a history of difficult deliveries, doctors must normally use extra caution. That usually means performing additional ultrasounds.
Indirect medical evidence, usually from a medical expert who has reviewed the file, establishes the standard of care in a given case.
Direct medical evidence in an ultrasound error claim is usually the test procedure and test results. Professionals cannot take shortcuts when they administer these exams. Furthermore, they must properly examine and interpret the results. As mentioned, these tasks usually fall to the doctor as opposed to someone else on the medical staff.
Injury costs, like revision surgery and probable future medical expenses, are also important bits of evidence for Minneapolis fetal ultrasound error lawyers.
The aforementioned injury costs are usually the largest component of economic damages. This category also includes lost wages or lost productivity and ancillary medical costs, like transportation expenses, prescription drugs, and medical devices. Victims need this compensation to pay these bills.
Compensation is also available for noneconomic losses, such as loss of enjoyment in life, pain and suffering, loss of consortium (companionship), and emotional distress. Victims deserve this compensation because the fetal or maternal injury was not their fault.
Since the standard of care is so high in these cases, additional punitive damages could be available as well. Jurors may award these damages if there is clear and convincing evidence that the tortfeasor (negligent actor) intentionally disregarded a known risk. A punitive damages cap may apply in some situations.
Count On a Dedicated Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced fetal ultrasound error 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.