Injuries suffered during birth can affect a child’s development, as well as cause serious health conditions. If you or your baby were hurt because the medical team caring for you was negligent, hiring a birth injury lawyer in Eagan can help you investigate the events surrounding your delivery and file a claim against negligent healthcare providers.
Postman Law’s compassionate team supports you when the joy of your child’s birth has been overshadowed by preventable injuries. An Eagan personal injury lawyer can step up and advocate for your family so you don’t have to move forward without the resources you need. Whether we settle your claim or take it to court, our firm has nearly a decade of experience getting results.
Important Forms of Evidence That Can Be Used to Support Your Birth Injury Claim
When you file a claim against a hospital or physician for negligence during childbirth, you need sufficient evidence to show what occurred. Any room for doubt could threaten the viability of your claim and cost you valuable compensation. Working with a birth injury attorney in Eagan can help you know what evidence to collect, as they also work to secure additional documentation.
Keeping copies of your medical records throughout your pregnancy and during delivery can show the level of care you received and help identify gaps in care. You should also keep all communication messages you receive. If injuries are evident after birth, photos and videos can help show your baby’s condition. Witness statements can further support your claims.
In these types of cases, key evidence may not be easily accessible, which is where your lawyer comes in. They can submit paperwork that preserves digital data, defective equipment, hospital surveillance, equipment logs, medical care records, staffing records, and more, so it isn’t damaged or destroyed. Our team can use these and other records to determine negligence and build a strong case.
For a free legal consultation with a birth injury lawyer serving Eagan, call 844-767-8626
Factors During Pregnancy and Childbirth That Can Result in Birth Injuries
Birth injuries can result from health complications or medical negligence. From poor monitoring to incorrect use of medical equipment, any number of conditions can result in harm to the fragile tissues and parts of a baby’s body. Common birth injury types and causes can include damage to a baby’s head and brain, nerves, bones, eyes, spine, organs, and more.
Doctors have a responsibility to remain alert throughout your pregnancy and delivery to catch complications caused by health conditions, the baby’s size, and more. They are also expected to use medical tools and medications very carefully so harm doesn’t come to the mother or baby. Additionally, doctors who fail to act can cause as much harm as acting incorrectly.
If your baby is born with injuries and/or if your health has been compromised during delivery, it’s important to get immediate medical care. Seek care from another physician or facility so you don’t suffer further harm by the staff responsible for your harm.
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The Elements of Negligence Must Be Shown to Establish Medical Negligence in a Birth Injury Claim
Acts of medical negligence during childbirth are serious and can have lasting effects. Because you are owed a certain standard of care, unnecessary violations of this care can entitle you to a medical malpractice claim. To successfully win your case, you must show the following elements of negligence:
- Duty of care: Your physician and medical team had an obligation to monitor you and your baby closely during pregnancy and delivery, to be proactive and cautious to prevent harm, and to act quickly if complications present themselves.
- Breach of duty: Your medical team was lax or reckless in their care and didn’t take the necessary steps required to provide a high level of care.
- Cause: If it wasn’t for the substandard care you received during your prenatal care or childbirth, your baby would not have sustained injuries.
- Damages: Your baby sustained injuries, and your family incurred various expenses and other losses for which you can seek restitution.
The evidence you collect in your case is vital for supporting these elements and conclusively connecting medical negligence to your baby’s injuries. It’s also important to have your lawyer build and present your case, as birth injury claims are highly nuanced. Healthcare providers are also likely to rebut your claim with strong defenses, but your lawyer is prepared for this and effectively fights for you.
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An Eagan Birth Injury Lawyer Factors in Past and Future Losses When Calculating the Value of Your Case
After a birth injury, you or your baby is likely to require additional medical care. These costs can be overwhelming for your family’s finances. The value of current and ongoing medical expenses, therapies, in-home nurses, and more can be covered if you secure a settlement. Recoverable damages can also include reduced income during your recovery, as well as your child’s lost earning capacity later in life.
A birth injury settlement can also compensate you for the suffering you and your child experience as a result of the injuries. This can include physical pain as well as emotional pain. Birth injuries can deeply affect a child’s quality of life as they grow and develop, and can even contribute to an increased risk of depression and anxiety. Compensation can provide the financial resources to secure support.
Calculating losses for birth injury cases can be complicated because ongoing or future considerations must be factored in. Your lawyer discusses your child’s condition with medical professionals so they can be sure they can get you the results you need.
Receive Comprehensive Support from Postman Law
Postman Law is a full-service firm that handles every aspect of your case, including connecting you with the care you or your baby needs and coordinating resources.
With an Eagan birth injury attorney, you receive support when your family is struggling with physical, financial, and emotional losses and challenges. Schedule a free case review with our firm so you can get started with your claim.