Minneapolis OB-GYN Malpractice Lawyers
The OB portion of this designation refers to obstetrics, which is surgical and medical care before, during, and after a woman becomes a mother. The GYN portion of this designation refers to gynecology, which is basically issues in the ovaries, vagina, fallopian tubes, uterus, and other reproductive organs. Like all other doctors, OB-GYNs have a very high duty of care, which is outlined below. About 90 percent of OB-GYNs are generalists. They have general knowledge in all these areas, but no specific knowledge in any of them.
In contrast, the experienced Minneapolis OB-GYN malpractice lawyers at Wais, Vogelstein, Forman, Koch & Norman are not generalists. Instead, our professional team focuses exclusively on medical malpractice matters. These claims are usually very complex. They require a high degree of legal knowledge, as well as a high degree of medical knowledge. Only an attorney with this combination can obtain maximum compensation in a birth injury claim. Furthermore, your experienced lawyer must have the tenacity to go toe-to-toe with the big insurance companies and stand up for you.
Duty of Care
In a medical malpractice case, the duty of care basically has two components: the standard of care and the individual doctor’s behavior.
As mentioned, most OB-GYNs are generalists. To establish the standard of care in a particular environment, an OB-GYN specialist usually provides expert testimony. Minnesota laws establish certain qualifications and standards that these witnesses must meet. Basically, these individuals survey the landscape, such as the labor and delivery unit of a hospital, and opine about the standard of care doctors should follow.
Then, this expert usually evaluates the doctor’s conduct, much like a teacher grades a student’s test. A big difference is that students usually have a margin for error. They could make a 90 percent, 80 percent, or even 70 percent on a test and still pass it. Doctors, however, usually have little or no margin for error.
That’s because doctors have a fiduciary duty. That’s the highest level of legal responsibility in the law. Doctors must focus exclusively on what is best for their patients. They cannot take shortcuts.
Nevertheless, no one is perfect. So, not every mistake constitutes negligence. That’s usually true if the mistake had nothing to do with the patient’s care. If Dr. Smith parked in the wrong parking space that morning, that error probably did not contribute to a subsequent birth injury. But in most cases, any medical error is medical negligence.
What to Expect in a Birth Injury Claim
Almost all birth injury claims settle out of court. A few settle almost immediately. In fact, in some cases, a Minneapolis OB-GYN malpractice lawyer does not even need to file legal paperwork.
However, as mentioned, most of these claims are quite complex. So, it’s necessary to proceed to the next step, which is filing a claim in court.
At this point, most insurance companies file procedural motions that seek to derail the victim/plaintiff’s claim. Assuming there is some evidence to support the allegations in the petition, these motions usually fail.
The discovery process is usually next. During discovery, both sides put all their cards on the table in terms of their claims and defenses. So, as this period ends, each side has a good idea of the relative strengths and weaknesses of its own case, as well as its opponent’s case.
If the parties still haven’t resolved the case as the trial date approaches, most Hennepin County judges refer these matters to mediation. During mediation, each side has a duty to negotiate in good faith. As a result, birth injury mediation is often about 90 percent successful.
Work with a Diligent Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced OB-GYN malpractice 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.