Minneapolis Spinal Cord Injury Lawyers
Contrary to popular myth, the spine is not a long, single, flexible bone. Instead, it is a very long chain of nerves and tiny hollow bones, rather like seashells, which are filled with a viscous substance. Any force that knocks the spine out of alignment, even slightly, could cause paralysis or another such injury. Additionally, the spine’s bones are very thin and fragile. Once again, any excessive force could cause a fracture. Fractures often cause the viscous material (disks) to leak and compress the nerves. That compression causes intense pain, especially in young children.
Sadly, in a birth injury claim, doctors often cause the excessive force which prompts injury, even though doctors have a duty of care to prevent such injuries. This force could be mishandling the baby at any point or the use of a dangerous mechanical birth assistance device, like a vacuum extractor or forceps. One can imagine the force if a doctor attached a vacuum to a baby’s head. Doctors use forceps to pry babies out of mothers if delivery stalls.
The diligent Minneapolis spinal cord injury lawyers at Wais, Vogelstein, Forman, Koch & Norman know what it takes to build a strong claim for damages in these situations. These claims must be solid enough to withstand procedural motions that seek to throw the case out of court, as well as some insurance company defenses which apply later in the process. Additionally, we also know what doesn’t work in these cases. That’s why we never take shortcuts and never take the easy way out. Instead, we are with our clients until the end of the line.
Why Should We File a Birth Injury Case?
Obtaining maximum compensation in a medical negligence case is a Minneapolis spinal cord injury lawyer’s job. But the decision to initiate this claim rests with the family.
Many families file birth injury claims to obtain closure. True, a negligence claim does not blame a doctor for an accident, since the injury was usually unintentional. Furthermore, most of these claims settle out of court, and these settlements usually do not include an admission of liability.
Still, when it comes to the emotional effect of a birth injury claim, the whole is often greater than the sum of its parts. So, these claims often allow families to turn the page.
Most families file birth injury claims to obtain compensation for their serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
The medical bills in a spin injury case are often staggering. In many cases, the lifelong medical expenses could exceed $5 million. Most families cannot pay these expenses, and most group health policies exclude injury-related costs. Without financial compensation from the doctor, or rather from the doctor’s insurance company, the family would probably have to depend on government or charitable handouts to pay these bills.
Families need compensation for economic losses, and they deserve compensation for noneconomic losses. As mentioned, the birth injury was usually no one’s fault. But under Minnesota law, tangible losses are on the same level with intangible losses.
Additional punitive damages are usually available as well. As mentioned, the insurance company is usually financially responsible for these damages. This industry collects over $1.3 trillion in premiums per year. So, the punitive damages in a birth injury case must be very large to get the insurance company’s attention and be truly punitive.
Count On a Diligent Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced spinal cord injury lawyer in Minneapolis, contact Wais, Vogelstein, Forman, Koch & Norman LLC by going online or calling 410-567-0800. We handle these matters on a nationwide basis.