Minnesota Bone Fractures Lawyer
The bone structure of a child is a very interesting thing. During the birth process, the bones are not entirely fused together, so the child can move more easily through the birthing canal. The bones will begin to fuse together after birth, but bone formation is still not entirely complete until a child reaches the age of adolescence. During this time, the bones are extremely fragile. This is particularly true when the child is being born.
Due to the fragility of a newborn’s bones, they can easily become broken during the birthing process. Sometimes, there is nothing that can be done about this. Still, in the vast majority of cases, doctors and other healthcare professionals can prevent a newborn from suffering from a broken bone. If your child has been injured, our Minnesota bone fractures lawyer can help you claim the compensation you deserve.
How Do Bone Fracture Lawsuits Work?
When a newborn suffers a bone fracture due to medical negligence, you can file a claim against the negligent healthcare professional. These lawsuits are medical malpractice cases. Under Minnesota law, there are very strict requirements on these claims. One is that plaintiffs must obtain a certificate of merit. A certificate of merit is signed by a doctor in the same field as the negligent doctor and states that they would have acted differently in the same situation. Essentially, they are stating the doctor did not provide the high standard of care. This proves that your case has merit.
If you can obtain a certificate of merit and are successful with the other elements of your claim, you can recover damages for your family’s losses. The financial compensation you can receive includes the cost of medical expenses and physical therapy, your child’s pain and suffering, and more. A Minnesota birth injury lawyer can help you claim the full settlement you deserve.
Who is Liable for Bone Fractures in Newborns?
Many people first think of negligent doctors when a medical malpractice claim is filed. In the case of bone fractures, others can be held liable, too. Nurses or midwives in the room can also be held liable for bone fractures if they improperly handled the newborn. Additionally, manufacturers of devices, such as forceps, can be held liable if their product is defective and causes a bone to break.
Lastly, hospitals can also be held liable when one of their employees, such as a doctor or nurse, acts negligently. This is known as vicarious liability and until recently, it was not allowed under Minnesota law. However, a landmark case in the summer of 2020 changed that law, as the Minnesota Supreme Court ruled that hospitals could be found vicariously liable.
Our Birth Injury Lawyers in Minnesota Can Help with Your Case
If your child has been injured due to medical negligence, our Minnesota birth injury lawyers can provide the sound legal advice you need. At Wais, Vogelstein, Forman, Koch & Norman, LLC, our Minnesota birth injury lawyers can determine who was liable for your child’s injuries and will hold them accountable for paying the full and fair damages you deserve. Call us today or contact us online to schedule a free consultation and to learn more.