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Wais, Vogelstein, Forman, Koch & Norman, LLC Wais Vogelstein Forman Koch & Norman LLC
  • Nationwide Birth Injury & Medical Malpractice Firm
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Minneapolis Umbilical Cord Strangulation Lawyers

During the entire pregnancy process, the mother’s umbilical cord is the fragile baby’s only lifeline. Assuming everything works properly and everything is in its proper place, the umbilical cord is up to the challenge. But during challenging deliveries, things go wrong. If the cord sags, shits, or otherwise moves, it could wrap around the baby’s neck. At that point, cerebral palsy or another hypoxia-induced (lack of oxygen to the brain) injury is only five minutes away.

Since the clock is ticking and the chips are down, doctors must do something, and they must do something quickly. Traditional reactions are not always an option. For example, doctors are trained to call for help in these situations. However, if the baby is being delivered at night in a rural hospital, there might be no immediately available help.

Therefore, doctors do what many of us do in these situations. They make poor choices in a desperate attempt to avoid cor strangulation or another serious injury. Forceps are a good example. For centuries, doctors have used this instrument, which resembles a pair of large salad tongs, to quickly pry babies out of their mothers during delivery emergencies. However, the cure is often worse than the disease. Forceps might avoid hypoxia-induced injuries. But this device could cause a pressure-related head injury.

The passionate Minneapolis umbilical cord strangulation lawyers at Wais, Vogelstein, Forman, Koch & Norman feel very strongly about birth injury cases. Like most people, we believe that everyone should have the same opportunities for success in life. Alas, infants with serious brain injuries usually don’t have that chance. We cannot reverse the serious injury. But we can obtain the compensation these families need and deserve, so their children have a better chance.

Duty of Care

We take our responsibilities seriously at Wais, Vogelstein, Forman, Koch & Norman. Unfortunately, many doctors do not share this passion, even though doctors have the same responsibility toward their patients as attorneys have toward their clients.

This legal responsibility is called a fiduciary duty. In Minnesota, this duty basically requires diligence in all phases of the PLDR (prenatal, labor, delivery, and recovery) process.

Some doctors go through the motions during prenatal visits. They do not listen closely to patients and/or they do not perform necessary diagnostic tests. This approach clearly does not put patients first.

During labor and delivery, as outlined above, some doctors are blindsided by unexpected emergencies. The duty of care requires them to account for all red flags and not panic when they are faced with unanticipated developments.

Finally, when mother and baby leave the hospital, a doctor’s job is not over. If complications develop, and they often do, doctors must respond appropriately.

Resolving a Case

Very few birth injury cases go to trial. Minneapolis umbilical cord strangulation lawyers have a duty to do what’s best for their clients. Generally, an emotional courtroom showdown benefits no one. Instead, most of these claims settle during mediation.

During mediation, which is basically a court-supervised negotiation session, both parties have a duty to negotiate in good faith. This duty has two basic components. First, the parties must want to settle the claim. They cannot simply go through the motions. Second, they must be willing to make some compromises. A “take it or leave it” settlement offer is not a good faith negotiating posture.

These additional requirements help mediation work. Furthermore, insurance companies are usually anxious to avoid trials as well. So, both sides are motivated to resolve the matter between themselves rather than leaving the decision to strangers.

Contact a Diligent Hennepin County Lawyer

Injury victims are usually entitled to significant compensation. For a free consultation with an experienced umbilical cord strangulation 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.

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