Minneapolis Improper Delivery Technique Lawyers
Unproven and dangerous delivery techniques are among the most common causes of birth injuries. Generally, doctors usually have ample opportunity to prepare for delivery room emergencies, so they need not rely on dangerous techniques. Additionally, some of the mnemonic devices that doctors use in these situations, like HELPERR and BE CALM, often do more harm than good. For example, the first E in both these emergency lists is an episiotomy.
Episiotomies are incisions on the mother’s perineum (area between the anus and genitals). This incision is supposed to widen the birth canal. But most medical groups now say these incisions are ineffective and dangerous. Other improper delivery techniques include dangerous mechanical birth aids, like forceps and vacuum extractors. Doctors use forceps to pry babies out of mothers. Doctors use vacuum extractors to suck babies out of mothers. These barbaric interventions are hazardous to say the least.
The experienced Minneapolis improper delivery technique lawyers at Wais, Vogelstein, Forman, Koch & Norman routinely handle birth injury matters on a nationwide basis. So, we have the resources and expertise to take on large medical provider insurance companies and their gaggles of lawyers. At the same time, we work to provide a small-town feel. Our clients usually work one-on-one with their lawyers. These partnerships usually produce results which exceed our clients’ expectations.
Evidence in Medical Negligence Claims
The evidence in these claims must establish both the standard of care and a doctor’s violation of the standard of care.
Medical experts usually establish the standard of care. These requirements vary slightly. For example, the standard of care is usually lower in small, rural clinics than the standard of care in large, urban hospitals. Under Minnesota law, only some doctors qualify as expert witnesses.
These witnesses usually evaluate every stage of the PLDR (prenatal, labor, delivery, and recovery) process. Although improper delivery techniques obviously only happen during one part of the process, the underlying error could occur earlier. For example, a doctor could fail to acknowledge or appreciate a clear risk during the prenatal process, such as an LGA (large for gestational age) fetus.
The evidence must also establish a breach of care. PLDR medical records usually provide the necessary proof in these situations. These records usually include both diagnostic and treatment information as well as patient care notes. These notes usually indicate things like the patient’s pain level or outlook at certain times.
Such notes help a Minneapolis improper delivery technique lawyer establish a reasonable sum for noneconomic damages, such as pain and suffering. Victim/plaintiffs are also entitled to compensation for medical bills and other economic losses.
Additional punitive damages are often available in these cases as well. Jurors may award these damages if there is clear and convincing evidence that the tortfeasor (negligent party) intentionally disregarded a known risk.
Individual doctors are legally responsible for damages. The hospital, clinic, or other entity that employed the doctor is typically financially responsible for damages, according to the respondeat superior (let the master answer) rule. This rule applies if employees are negligent during the course and scope of their employment.
Talk to a Savvy Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced improper delivery technique 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.