Birth Injuries: Was There Medical Negligence?
Although childbirth should be the happiest of times for a family, sometimes things go terribly wrong. In some instances, this is unavoidable. There are other times, however, when medical negligence during prenatal care, labor and/or delivery leads to death or injuries to either the mother or child.
In basic terms, in order to bring a successful medical malpractice claim, what must be established is that the treating medical professional failed to provide the level of care of a reasonably skilled and knowledgeable healthcare professional under the circumstances.
To determine whether medical negligence has occurred is often complicated. It is not always easy to show that a medical provider’s conduct fell below a generally accepted standard of medical care.
Our law firm understands the importance of using the right professionals who can interpret complex medical procedures and provide an opinion as to whether any harm resulted during pregnancy or delivery. We rely on experienced medical experts, mostly doctors, to determine whether someone has a potential case for negligence.
Some examples of medical negligence include:
- Not monitoring fetal vital signs properly
- Failure to perform emergency C-section quickly
- Failure to detect umbilical cord wrapped around infant’s neck
- Prolonged or difficult labor
- Failure to diagnose pregnancy-related conditions
Some of the conditions that may occur in infants as a result of medical negligence include:
- Wrongful death
- Cerebral palsy
- Erb’s palsy
- Hypoxic ischemic encephalopathy (this is a type of brain dysfunction that occurs when the brain doesn’t receive enough oxygen or blood flow for a period of time)
- Developmental delays
- Facial paralysis
- Forceps injuries
If you move forward with your legal case and have a successful outcome, you may receive payment for your child’s current and future medical expenses, wages you had to forfeit to care for your child, emotional distress, and several other areas of potential compensation.
Our lawyers, staff, investigators, and medical experts understand the challenges of bringing a successful medical malpractice action. We will discuss your situation with you in complete confidence, and there is never a charge for a consultation.
The team at Magna Law Firm will vigorously advocate on behalf of our clients to help ensure they obtain the compensation they need to achieve the best future possible for themselves and their family.
We want to hear your story, answer your questions and lay out all your options.
Medical Malpractice FAQs
What is the Statute of Limitations for Medical Malpractice claims?
Civil cases in Minnesota are governed by the state’s “statute of limitations,” which creates a deadline for filing a lawsuit in court. In Minnesota, the deadline falls four years “from the date the cause of action accrued” in most cases.
Medical Malpractice – Injury
Minn. Stat. Section 541.076
Four years from the date the cause of action accrued.
Medical Malpractice – Death
Minn. Stat. Section 541.076, Minn. Stat. Section 573.02
Three years from the date the cause of action accrued.
Please note that there may be exceptions to the statute of limitation deadlines. For example, the most common exception comes into play when the prospective plaintiff is under 18 years of age. It is important to consult with an attorney regarding any statute of limitation issues.
Who can be held responsible in a medical malpractice claim?
There can be many responsible parties named in a lawsuit. This can include companies and facilities. Responsible parties may include doctors, nurses, other staff, hospitals, government institutions, etc.
What kind of compensation is available in a medical malpractice claim?
Of course, each case is different. However, compensation which you may be entitled to can include:
- Pain and suffering
- Loss of enjoyment of life
- Loss of companionship
- Medical bills (current and future)
- Wage loss (current and future)
- Long-term care expenses
- Long-term disability
- Burial expenses
Can I afford your law firm?
Magna Law Firm handles medical malpractice cases on a contingency basis. Therefore, you will not pay any fee unless we get a recovery for you.
Do I have a case?
Please call us at (763) 438-3032 for a free case evaluation.