Proving Liability and Damages in Minnesota Birth Injury Cases

Minneapolis Birth Injury Lawyer Explains Proving Liability and Damages in Minnesota Birth Injury Cases

 

For most families, the birth of a child will be the happiest moment of a parent’s life and free from complications.  Unfortunately, some families will experience stressful and frightening developments during pregnancy and/or childbirth, which can result in serious health problems for the baby.  While qualified medical professionals can provide the necessary care and treatment to best navigate pregnancy and childbirth despite these negative developments, there are far too many situations where an injury to a child could have been avoided if properly cared for.  This is why as a Minneapolis birth injury lawyer I am hosting birth injury malpractice week to discuss the types of birth injuries and how they could be caused by medical malpractice.

 

There are two main components to a birth injury case.  The first is proving liability, which means establishing why the medical professional was liable for your child’s injuries.  The second are damages, which means injuries that are caused by the medical malpractice resulting in a birth injury.  Even if you have very good damages, you still need to have liability in over to be eligible for compensation.

 

How to Prove a Birth Injury Case in Minnesota

 

A successful birth injury case must prove that treating medical professionals failed to provide you or your child with proper medical care as a reasonably prudent medical professional in the same speciality and type (nurse, doctor, technician, midwife) would have in similar circumstances.  This includes properly advising you throughout your pregnancy and during childbirth.

 

Essentially, this involves a showing that the professionals failed in their duty to adhere to render care and treatment consistent with a generally accepted medical practices.  This is known as the standard of care, and it requires expert medical opinion to prove.  In a successful case, experts will identify and establish the standard of care of a competent medical practitioner and explain why your doctor’s conduct failed to meat the standard of care.

 

Successful medical malpractice lawsuits must also establish a link between the injury and the improper (or negligent) conduct.  This is known as causation, which must be proven that, but for the medical professionals’ improper care and treatment, your child would not have suffered the injury.

 

Damages in Minneapolis Medical Malpractice Cases

 

If you successfully prove that your child’s injuries could have been avoided with proper care, your child may be awarded damages.  The total amount of compensation they will receive varies depending on a number of factors, including the severity and impact of the injury, the physical location and extent of the injury, and associated future care and treatment expenses.

 

Generally, a successful birth injury claimant may expect an award of damages in connection with:

 

  • Medical bills of the mother and child;
  • Past and future pain and suffering of the mother and child;
  • Rehabilitative services for the victim or victims;
  • Future medical costs;
  • Lost wages for the mother or father;
  • Lost future earnings for either parent and the child;
  • Wrongful death; and
  • Other causes.

 

Additionally, there is a possibility that a claimant may be able to receive punitive damages.  Punitive damages are sought against a defendant as a form of punishment, where the evidence establishes that the medical professional has acted willfully or in an extremely reckless manner.  Please note that punitive damages in medical malpractice cases are not available in every case and courts are generally hesitant to award them absent clear and convincing evidence.

 

Victims of Minneapolis Birth Injuries Should Call Kuhlman Law, LLC

 

Birth injury cases are particularly devastating cases which can affect an entire family.  If you or a loved one have been injured due to the medical malpractice of a healthcare provider such as a doctor, nurse, hospital, or other health care service professional, call Kuhlman Law, LLC for a FREE consultation by dialing (612) 444-3374 to learn what your rights to compensation may be.  If we accept your case, we will conduct a thorough review of your case and advise you whether there may have been a serious medical mistake causing your injury.   There is no risk, and you do not owe us money unless we win your case.

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