Minneapolis Umbilical Cord Birth Injury Lawyers
Almost anything could cause an unexpected umbilical cord injury during delivery. But in most cases, the baby’s size causes such incidents, either directly or indirectly. If the baby’s shoulders are so large that the baby cannot easily drift down the mother’s narrow birth canal, the umbilical cord usually continues dropping. As a result, it could wrap itself around the baby’s neck and cause birth asphyxia or another serious condition. In other cases, the baby could be so large and heavy that the fetus literally tears the mother’s placenta, and the attached umbilical cord, off her uterine wall.
The experienced Minneapolis umbilical cord birth injury lawyers at Wais, Vogelstein, Forman, Koch & Norman routinely handle these matters in Hennepin County and in nearby jurisdictions. So, we are completely familiar with all the rules of evidence and procedure. That familiarity includes the unwritten rules. So, we are able to focus all our energy on obtaining maximum compensation for your serious injuries. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.
What Causes Umbilical Cord Injuries?
We reviewed some of the specific umbilical cord emergencies above. Usually, medical negligence creates the environment that causes these emergencies. This negligence is usually a failure to properly appreciate risks or a failure to properly monitor the patient.
During prenatal visits or pre-delivery medical record reviews, doctors should red flag certain markers, such as maternal obesity, gestational diabetes, or a history of macrosomic (unusually large) infants. Some doctors miss these warning signs. Other doctors have an overconfident “I’ve got this” attitude, so they dismiss the risk.
During labor and delivery, the medical team uses advanced monitoring devices to look for signs of fetal distress, like a slow fetal heartbeat. But these levels are rather subjective, especially if the delivery is already difficult. Furthermore, when mothers change positions, they may knock the monitors off station, and the medical staff often doesn’t notice.
These errors are certainly unintentional. However, they also constitute negligence, which is a lack of care. If a lack of care causes injury, a Minneapolis umbilical cord birth injury lawyer can obtain legal compensation, as outlined above.
In addition to the aforementioned compensatory damages, additional punitive damages are usually available as well. Generally, money is the only language that medical insurance companies speak. So, unless the punitive damages are quite high, insurance companies will not force doctors to change the way they do business. As a result, other families might have to endure the same nightmare as your family.
Evidence in Birth Injury Claims
Theoretical entitlement to compensation is not enough. A victim/plaintiff must prove negligence by a preponderance of the evidence (more likely than not).
Medical records are usually the most important evidentiary component in a birth injury claim. These records conclusively show the treatment mother and baby received, both in the delivery room and in the doctors’ visits that preceded that point.
Such records are sometimes difficult to obtain, mostly because of privacy laws. Furthermore, these documents are only admissible in court in limited situations. So, your attorney needs a great deal of experience and a lot of patience as well.
Witness testimony is often critical as well. This testimony could be from people who saw the birth, people who saw the effects of the birth injury (e.g. developmental delays), or expert witnesses who establish the standard of care.
Rely on an Experienced Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced umbilical cord birth injury 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.