If medical negligence leads to a birth injury, you could be entitled to compensation from those responsible. Talk to our experienced birth injury lawyer in St. Paul to discover what legal options are open to you.
At Postman Law, we have provided legal representation to over 1.4 million people, and we will handle your case with the sensitivity it deserves. Consult our personal injury lawyer in St. Paul. Getting a professional opinion on your case is free of charge.
When Medical Personnel Are Liable For Birth Injuries
Childbirth doesn’t always go smoothly, and sometimes, injuries are not foreseeable or preventable. However, when care does not comply with accepted professional standards and leads to injury, you may be able to recover compensation. Negligent care includes situations in which birth injury occurred because:
- Your medical team failed to monitor important vital signs
- They waited too long to intervene in an emergency
- Medical tools were misused, causing injury
- They failed to provide proper oversight prior to the birth
- Medication errors harmed the child during the birth process
To determine whether there was medical negligence during childbirth, your St. Paul birth injury lawyer consults medical experts to discover whether the elements of negligence were present. Specifically, there was a duty of care; the medical team did not act in accordance with professional standards, and that failure caused the injury.
For a free legal consultation, call 844-767-8626
The Importance of Compensation in Cases of Birth Injury Due to Medical Negligence
Birth injury sometimes leads to lifelong conditions like Cerebral Palsy, serious nerve damage, bone fractures, and brain injury. The effect on families who were waiting to welcome a new baby into the world can be emotionally and financially devastating. Any settlement they receive helps them care for their child and provide the best possible future under the circumstances. It may cover:
- Lifelong medical needs associated with the birth injury
- The cost of therapies that will help their child
- Medical devices and equipment like wheelchairs
- Lost wages when a parent has to become a full-time caregiver
- Compensation for pain and suffering
The average family caring for a child who was severely injured at birth will struggle to cover the costs of care. A settlement can help, but to show that injuries resulted from negligence, they will need medical expert opinions and will benefit from strong legal representation.
How Postman Law Helps You Seek Compensation After a Birth Injury
If you believe that medical negligence injured your child during their birth, we can investigate your case with the help of expert witnesses. Your lawyer’s role includes:
- Obtaining medical records for independent analysis
- Calculating your child’s long-term care costs
- Filing a claim for compensation
- Negotiating with insurance companies
- Taking the matter to court if necessary
Birth injury cases are often complex, but our birth injury attorney in St. Paul can guide you through the process and represent you and your family. At Postman Law, we also believe in making a difficult situation easier to deal with. For example, we can help you find the right medical providers while we fight for your legal rights.
Click to contact our personal injury lawyers today
Challenges When Seeking Compensation in Birth Injury Cases
Whether your case succeeds and how long it takes to get a settlement check depends on a range of factors. Medical providers and their insurers will look for weaknesses in your case and may argue that their care was not negligent. They will also examine your claim and might dispute its value.
Initial settlement offers are often inadequate. With your child’s long-term well-being at stake, allow your attorney to determine whether you should accept any settlement offered. Further negotiations sometimes lead to a more comprehensive settlement.
Minnesota law sets time limits for bringing medical malpractice claims. Under Minn. Stat. § 541.076, the general limit for claims against health care providers is four years. Special rules apply when the injured person is a child. Under Minn. Stat. § 541.15, the time limit is tolled during childhood, allowing a person to bring a lawsuit once they reach age 18.
Parties Who Have the Right to Bring a Birth Injury Lawsuit in Minnesota
Minnesota courts want to ensure that any proceeds realized from a birth injury lawsuit are for the benefit of the injured child. As a result, they specify which parties are entitled to initiate a claim or lawsuit. They are:
- The parent of an injured child
- A legal guardian if there is no surviving parent
- A guardian ad litem (appointed by a judge)
- The child after reaching adulthood, subject to Minnesota’s time limits
The management of birth injury settlements is governed by the Minnesota Court Rules. The court decides how the money should be handled. This can include placing it in a protected account or setting up a structured settlement for the child’s benefit.
Protect Your Injured Child’s Future With Postman Law
At Postman Law, we offer professional, straightforward representation. Our handpicked attorneys are achievers who want to help you and protect your legal rights. You’ll get clear information about your case and compassionate service. There are no gimmicks. We only make promises when we can deliver.
During your birth injury case, we will deal with big insurance companies. Our perspective helps us to understand how they work and what legal strategies they might employ. Meanwhile, we are there to help you, sometimes extending assistance beyond the handling of your case.
We know how important it is for you to ensure your child’s future. They have a lifetime ahead of them, and access to the right resources to help them make the most of their lives can be costly. If your situation arose due to medical negligence, we will work to hold those responsible accountable.
Allow Our St. Paul Birth Injury Attorney to Evaluate Your Case
You may know that your child has a birth injury but be unsure as to whether it was caused by negligence. To determine this, you will need a legal and medical review of the facts. Our birth injury lawyer in St. Paul is ready to help. Contact Postman Law today to schedule a free initial appointment and find out more.