Minnesota Birth Injury Lawyer
While the harm caused by a medical professional or faulty equipment can’t be undone, you can hold those responsible accountable. The caring and compassionate Minnesota birth injury lawyers at Levin & Perconti can help identify the negligent parties and help you receive justice and compensation for birth-related injuries.
How long after a birth injury can I sue in Minnesota?
According to Minn. Stat. § 541.076, you have four years to file a medical malpractice claim, which applies to parental birth injury cases. This statute designates that the statute of limitations starts at the date a “cause of action accrues.”
Minnesota rejects the discovery rule used in many other states, which applies to statutes of limitations, including for medical malpractice cases. Unfortunately, this restricts the amount of time you have to file a lawsuit against a doctor or another party responsible for your injury.
In other words, the statute of limitations for filing a Minnesota birth injury suit begins when the damage first occurred. This 4-year time limit is a harsh one since many families don’t even know an injury has occurred until their child begins to miss developmental milestones.
Fortunately, there are allowable extensions to this time limit that address some issues and sometimes pre-empt the statute of limitations. These are outlined in Minnesota’s tolling doctrines and include fraudulent concealment (healthcare professionals knowingly concealing a fact the plaintiff relied upon) as well as the termination of treatment.
The four-year time limit to file legal proceedings doesn’t begin until a doctor’s treatment for a specific condition is concluded. Per Minn. Stat. § 541.15(b), the four-year time limit for filing a suit is suspended for seven years or until the child turns 19-years-old, whichever is sooner, before the statute of limitations resumes; this applies to cases where the minor brings the claim.
How much is my Minnesota birth injury claim worth?
The exact settlement for your Minnesota birth injury claim will vary, depending on the specific facts of your case and incurred damages, the nature and extent of your child’s injuries, and the health care provider’s degree of negligence.
Minnesota doesn’t impose damage caps for medical malpractice claims, and you are permitted to pursue both economic and non-economic damages for your suffering. Your medical malpractice attorney will carefully examine all the facts, determine your future medical costs, and evaluate other pain and suffering your family has experienced.
In some instances, you may receive punitive damages. These damages intend to “punish” the negligent or reckless medical professional and deter future wrongdoing. Minn. Stat. § 549.202 outlines all of the factors juries can deliberate when awarding punitive damages to a victim.
Minnesota Requirement for Expert Review
When a plaintiff alleges medical malpractice, Minnesota law requires a “certificate of expert review” to accompany the initial complaint, according to Minn. Stat. § 145.682. Your birth injury attorney must file this document within 180 days of starting a lawsuit.
Expert affidavits help courts easily identify malpractice suits without merit, courtesy of an “expert whose qualifications provide a reasonable expectation the expert’s opinions could be admissible at trial.”
Common Causes and Types of Birth Injuries
Common birth injuries babies suffer during the delivery process include oxygen deprivation, impact trauma, premature birth, dystocia, and injuries occurring during a c-section. All it takes is one careless act of medical negligence to create devastating, lifelong consequences for a newborn.
Babies can suffer many different types of injuries at birth, including:
How do I prove my Minnesota birth injury case?
To prove a Minnesota birth injury case, here is what you and your lawyer will need to establish:
- The medical community recognizes the standard of care as applicable to the particular defendant’s conduct.
- The defendant departed from that standard or breached their required duty of care.
- The defendant’s breach caused the birth injury of the patient.
- The victim suffered damages due to the injury.
Your injury lawyer must provide careful documentation to the court of each element to prove the validity of your case and the defendant’s negligence.
This evidence includes medical records, a timeline of events during childbirth, and any other documentation that shows negligence on the part of any medical professionals involved with your care.
What behaviors are considered negligent in a birth injury case?
To prove negligence, your injury attorney will gather evidence to prove the healthcare provider exhibited certain negligent behaviors. Such behaviors may include:
- A failure to anticipate complications
- A failure to adequately respond to preterm labor
- An inadequate response to excessive bleeding
- The delay of a crucial C-section procedure
- The misuse of medical equipment
- The incorrect administration of medications
- Ignoring signs of fetal distress during routine prenatal care
How the Minnesota birth injury lawyers at Levin & Perconti can help with your case
Injured babies often suffer permanent physical, behavioral, and cognitive problems. It can also be costly to pay for your child’s medical bills, access to treatment, or provide long-term care.
Fortunately, the birth injury attorneys at Levin & Perconti know how to help. We have recovered settlements such as:
- $20 million verdict for a child who suffered a brain injury due to the negligence of nurses and residents during labor.
- $16 million settlement for a child who suffered a brain injury due to negligent nursing and medical care during labor and cesarean section.
- $14 million verdict for a child who suffered a brain injury due to lack of oxygen during birth.
- $11.5 million settlement for a child with hypoxic-ischemic brain injury.
- $9 million settlement for a baby who suffered permanent brain damage as a result of a doctor’s failure to test the mother for Group B Strep Meningitis during prenatal care.
We understand the importance of getting the financial compensation you need. We create our legal presentations with the rights and best interests of our clients in mind. Contact our law firm today for a free consultation.
About Our Birth Injury Lawyers
Dov Apfel and Seth Cardeli are two of the leading birth injury attorneys in the nation. They have litigated cases throughout the United States and at the federal level, and are passionate advocates for the families they represent. Dov Apfel is nationally known for his high level of medical knowledge, and acts as a resource for attorneys, judges, and healthcare providers throughout the country. He has been practicing in the field of birth injury for over 40 years and was the recipient of the Dan Cullan Memorial Lifetime Achievement Award presented by the AAJ Birth Injury Trauma Litigation Group in 2011. Apfel and Cardeli have presented at dozens of educational events and written for numerous publications. In 2020, they secured one of the top five highest medical malpractice settlements in the nation.
Not only were they so professional but also so caring and thoughtful. It was very difficult going over the facts in our mother's case but they were so compassionate and understanding and allowed us to be with them every step of the way. We were able to sit in on the depositions and we were really able to see how hard they worked on our behalf.