Minnesota Birth Injury Lawyer

Welcoming a new life into the world should be a joyous occasion. However, when a preventable birth injury occurs, it leads to immense pain, uncertainty, and unexpected challenges for the child’s parents and family. Our Minnesota birth injury lawyer is dedicated to helping families affected by such catastrophic medical negligence. We work tirelessly to secure compensation for medical expenses, long-term care, emotional distress, and other damages to help families find a path forward.

No parent can anticipate the heartache or financial burden of raising a child who incurred physical disabilities or other special needs due to an injury sustained at birth. We are deeply sorry for what your family is going through and are here to provide compassionate support, listen to your concerns, and fight for the justice you deserve.

If you believe medical negligence might have contributed to your child’s injury, you may be entitled to compensation from the hospital, doctors, or other medical professionals involved. Let our experienced team at Madia Law LLC advocate for the justice and support your family deserves. Take action with us today by calling 612-349-2729 to discuss your case.

Here are some of the medical malpractice cases we’ve taken:

What is a Birth Injury? Common Causes and Types

A birth injury refers to physical harm or damage a newborn sustains during childbirth, often caused by medical complications, improper delivery techniques, or inadequate care. Common injuries include conditions like cerebral palsy, fractures, and nerve damage, which may result in long-term challenges for the child and their family. These injuries can often be prevented with proper medical attention and care during labor and delivery.

What are the common causes of birth injuries?

The common causes of birth injuries are:

Failing to perform an emergency C-section when it is clear that the child is at risk of harm.
Neglecting to monitor the baby’s condition for signs of distress or failing to respond promptly and adequately when distress is detected.
Overlooking the mother’s risk factors, such as medical conditions or complications, and not managing them appropriately during childbirth.
Improper administration of medications, including incorrect dosages or failure to use medications when needed.
Applying excessive force during delivery, which can lead to fractures, nerve damage, or other serious injuries.
Misuse of delivery tools, such as forceps or vacuum extractors, resulting in trauma to the baby.

What are the common types of birth injuries?

The common types of birth injuries are:

Perinatal Asphyxia
Hypoxic-ischemic Encephalopathy (HIE)
Cerebral Palsy
Erb’s Palsy
Fractures
Facial Nerve Injuries

Did My Child Suffer a Preventable Birth Injury?

Many types of birth injuries, such as Perinatal Asphyxia, Hypoxic-Ischemic Encephalopathy (HIE), Erb’s Palsy, Fractures and Facial Nerve Injuries, are often preventable with proper care during childbirth.

Perinatal Asphyxia: This occurs when a baby does not receive enough oxygen during birth. It can often be prevented by closely monitoring the baby for signs of distress and taking quick action, such as performing an emergency C-section if needed.
Hypoxic-ischemic Encephalopathy (HIE): HIE happens when the baby’s brain doesn’t receive enough oxygen and blood. Proper monitoring and immediate response to warning signs can help prevent or minimize the risk of this serious condition.
Erb’s Palsy: This is a nerve injury that affects movement in the baby’s arm and shoulder. It could often be avoided by using the correct delivery techniques and avoiding excessive force during delivery, especially if the baby’s size or position makes the delivery more difficult.
Fractures: Broken bones can occur if the baby is handled roughly during delivery. Careful handling, especially in cases of breech birth or other challenging positions, can reduce the risk of fractures.
Facial Nerve Injuries: These injuries can happen when too much pressure is applied to the baby’s face during delivery. Using gentle handling techniques and being extremely cautious with tools like forceps can prevent this kind of injury.

So, are most birth injuries preventable? If your newborn has experienced one of these injuries, know that these birth injuries were more than likely preventable. While we cannot change the unfortunate events of the past, we are here to help you focus on creating a brighter future for your child and your family.

For a legal consultation with a birth injury lawyer serving Minnesota, call 612-349-2729

How Much Is My Minnesota Birth Injury Claim Worth?

The value of a birth injury claim varies based on several factors, including the severity of the injury, medical expenses, future care needs, and the emotional and financial toll on your family. Settlements can range from tens of thousands of dollars to several million dollars, depending on the specific circumstances. Consulting an experienced birth injury lawyer is essential to accurately evaluate your case and maximize your compensation.

At Madia Law LLC, our Minnesota birth injury attorneys take a thorough approach to assessing your claim. We evaluate the severity of the injury, the cost of both immediate and long-term care, available insurance coverage, and whether multiple healthcare providers may share responsibility. This detailed analysis allows us to build a strong case, enhancing your ability to secure the compensation your family needs to move forward.

Your child’s well-being and your family’s future deserve the best outcome. Let us guide you through the process and fight for the justice and support you deserve.

Minnesota Birth Injury Lawyer Near Me 612-349-2729

How Do I Prove My Minnesota Birth Injury Case?

To prove a birth injury case in Minnesota, you and your medical malpractice attorney must demonstrate four key points:

Standard of Care: Show that there is a commonly accepted level of care that medical professionals should follow during childbirth. This is the standard by which the defendant’s actions will be judged.
Breach of Duty: Prove that the healthcare provider failed to meet this standard of care or did something they should not have done, leading to a mistake or negligence.
Causation: Show a clear link between the provider’s failure and the birth injury. In other words, it proves that the injury would not have happened if the provider had acted appropriately.
Damages: Document the harm caused by the injury, such as medical bills, future care costs, emotional suffering, or other losses your family has experienced.

An experienced birth injury lawyer will handle the complex work of collecting and presenting evidence to support your claim. This includes gathering medical records, creating a timeline of events during childbirth, and uncovering proof of any mistakes or negligence by the healthcare providers involved. These steps are crucial for building a strong case and holding the responsible parties accountable.

What Steps Should You Take?

Anyone filing a birth injury claim in Minnesota should immediately contact an experienced birth injury lawyer. This is the most important first step before anything else. Why? Because it ensures you receive the legal guidance needed to recover from your suffering and pursue your claim effectively.

Once you connect with a lawyer, they will review your case to determine if your claim is valid. If it is, your attorney will begin gathering evidence, such as expert medical opinions, medical records, photographs or videos of the injuries, witness statements, and treatment records.

Next, your attorney will formally file the lawsuit to initiate the compensation claim process, adhering to all legal deadlines.

Your lawyer will negotiate with the responsible parties and their insurers to reach a settlement that covers medical costs, long-term care, and other damages. Many birth injury claims are resolved at this stage without going to court.

The case may proceed to trial if a settlement cannot be reached. Here, your birth injury lawyer will advocate for your family in court to secure the compensation your child deserves.

Working with an experienced birth injury attorney can significantly influence the outcome, ensuring that all legal steps are followed and your family’s best interests are protected.

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How Can Minnesota Birth Injury Lawyers at Madia Law LLC Help With Your Case?

We’re trial lawyers. Our core competency – above everything else – is trying cases to juries. And we specialize in beating giants.

Our Minnesota birth injury lawyers will focus on you, carefully listening to your story and understanding what happened. We will track down and obtain all relevant medical records and have our medical experts thoroughly dissect them, and get multiple expert opinions if necessary, to understand whether your physician met the appropriate standard of care. If your doctor did meet the standard of care but your baby was still hurt, we will level with you and tell you the truth.

On the other hand, if your doctor did not meet the standard of care, we will advise you about pursuing a lawsuit, what doing so entails, what your potential outcomes are, what the legal process is, and what our best recommendation is. If a doctor’s negligence has caused harm to your newborn, then you and your child should be compensated – in full – for that harm. We will start a suit, conduct vigorous discovery, and bring your case to a jury if the provider will not do the right thing and settle for full and fair compensation.

Contact Our Birth Injury Attorneys For Legal Help

If you suspect your child has suffered a birth injury due to medical malpractice, it is crucial to act quickly to protect your rights and secure the necessary compensation. Call our Minnesota Birth Injury Lawyer today at 612.349.2729 or complete our online form. We are here to obtain all necessary medical records, evaluate your case with expert medical professionals, and ensure legal proceedings are correctly followed within the statutory deadlines. Let us help you and your family find a path forward.

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Minnesota Birth Injury Lawyer FAQs

What Types of Cases Do Your Birth Injury Lawyer Handle?

We handle medical malpractice cases, seeking compensation for damages like medical expenses, long-term care, and emotional distress. Our expertise includes negotiating settlements or litigating to secure justice for affected families.

Will My Case Go to Trial?

Not all cases go to trial. Many are resolved through settlements during negotiation or mediation. If the parties cannot agree, the case proceeds to trial. There are many factors, such as evidence strength, legal strategy, and willingness to settle, that influence whether a trial occurs.

How Long Will a Birth Injury Attorney Work On My Case?

The time a birth injury attorney spends on a case depends on complexity, evidence, and legal proceedings. Simple cases may resolve in months, while complex cases with trials can take years. Contributing factors to case duration include investigation depth, negotiation windows, and court schedules.

How Much Does a Birth Injury Lawyer Cost?

Birth injury lawyers typically work on a contingency fee, meaning clients pay only if they win. Fees usually range from 25% to 40% of the settlement or verdict. Costs may vary depending on the case’s complexity and duration.

How Long After a Birth Injury Can I Sue in Minnesota?

The statute of limitations for filing a birth injury lawsuit in Minnesota depends on who initiates the suit. If a parent files on behalf of their child, the lawsuit must be filed within 4 years of the alleged negligence. However, if the child files the lawsuit, the four-year statute of limitations is extended by 7 years, allowing up to 11 years from the date of the medical malpractice.

It is crucial not to delay in taking legal action. If you suspect your child has suffered a birth injury due to medical malpractice, contact a lawyer immediately to assess your case.

Learn more about the statute of Limitations for medical malpractice in Minnesota.

What Behaviors Are Considered Negligent in a Birth Injury Case?

Negligent behaviors in a birth injury case include failing to monitor the baby or mother, improper use of delivery tools, delayed C-section decisions, administering incorrect medications, or neglecting signs of fetal distress. These actions can breach the standard of care, potentially leading to birth injuries like cerebral palsy, fractures, and nerve damage.

Call 612-349-2729 or complete a Case Evaluation form