Minneapolis Wrongful Birth Lawyers
Raising a child is very hard, emotionally, financially, and otherwise. Raising a child with severe genetic deformities is even harder in both these areas. Emotionally, it’s impossible to not think about what life might have been like if things were different. Financially, the cost of special medical attention, special educational interventions, and other such services can be crippling. A successful wrongful birth provides the resources families need to meet these challenges.
This action refers not to the birth itself, but to the doctor’s negligence before the birth. This negligence could be a failure to conduct genetic tests, a failure to properly interpret the results, or a failure to warn the parents of the risk. Many doctors don’t conduct genetic tests because they are afraid the insurance company won’t pay for them. As for the results, doctors often over-delegate such tasks to less-qualified professionals. As for the final area, many doctors simply aren’t very good at delivering bad news.
A letdown in any of these three areas means the family is suddenly blindsided by something they could not have possibly anticipated. In contrast, the diligent Minneapolis wrongful birth lawyers at Wais, Vogelstein, Forman, Koch & Norman always cover all the bases and always keep you in the loop. So, in addition to building an evidence-based claim for damages, we anticipate possible insurance company defenses. Later, when settlement negotiations begin, we give our honest assessment, so you can make the best possible decision for you and your family.
Duty of Care
Professionals usually have a higher duty of care in Minnesota law than non-professionals. Driving and stopping distance is a good example. Most noncommercial motorists should maintain about a two-second following distance. The recommended following distance for large trucks is eight seconds.
It’s much harder to become a medical professional than a driving professional. Therefore, the standard of care is much higher. Doctors have so much training and experience that they have a fiduciary duty. Legally, they must disregard all other priorities, such as making money or saving time, and only do what’s best for their patients.
Significantly, there’s a difference between what the patient wants and what the patient needs. Families usually want to take moderately at-risk babies home with them. But the level of care and attention these infants get, even from loving parents, cannot compare to the care and attention they get at a medical facility.
Furthermore, the doctor is ultimately responsible for the nurses, technicians, and everyone else on the infant care team. In employment situations, doctors sometimes throw these professionals under the bus. But that’s not possible in a court of law. Doctors cannot escape their legal responsibilities.
Resolving Your Claim for Damages
Only a handful of birth injury claims go to court. Instead, a Minneapolis wrongful birth lawyer is usually able to settle these claims out of court. Frequently, these claims settle during mediation.
Basically, mediation is a court-supervised settlement negotiation session. These sessions usually last a full day. An unaffiliated birth injury attorney serves as the judge’s representative. After s/he reviews the file, the mediator listens to brief opening arguments from each party. Then, the two dies retire to separate rooms, where they mull over settlement offers and counter-offers transmitted by the mediator.
The layout of mediation avoids the emotional showdown often associated with trials. Furthermore, mediation ends the case earlier, so victims obtain their compensation sooner.
Compensation in a wrongful birth or other medical negligence claim usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Additional punitive damages are often available as well, in some extreme cases.
Reach Out to a Dedicated Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced wrongful birth 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.