Minnesota Birth Injury

The following information on Minnesota birth injury lawsuits is provided as a public service by Minnesota personal injury lawyer Fred Pritzker and his team at Pritzker | Olsen, P.A. & Associates, a premier Minnesota personal injury law firm. If you would like a free consultation, please call toll-free at 1-888-377-8900, e-mail info@pritzkerlaw.com or fill out the online, attorney-consultation form. Pritzker | Olsen, P.A. is a national law firm with offices in Minneapolis, Minnesota.

Minnesota Birth Injuries Causes
Minnesota birth defects and injuries occur for many reasons, including genetic and metabolic disorders, illness and trauma during pregnancy, drug reactions, chemical dependency and, sadly, errors by doctors and hospital staff before and during delivery. Learn more about Minnesota medical malpractice.

A birth defect or injury can come in many forms, and it can range from mild to severe. Many birth injuries and defects heal naturally over time. Some require surgery. Some require long-term treatment.

Compensation for Minnesota Birth Injury
Most birth injuries do not result from medical malpractice. The majority of delivery doctors and assisting hospital staff follow acceptable procedures, and a provider is not negligent simply because his or her efforts were unsuccessful. To receive compensation in a Minnesota birth injury malpractice lawsuit, you have to prove:

Your Minnesota health providers acted unreasonably and
Your Minnesota health providers’ conduct was a direct cause of injury.

Unless both issues are proved, there is no case.

Medical Errors that Support a Minnesota Birth Injuries Lawsuit
Here are some medical errors that may support a malpractice action:

Failing to anticipate birth complications with a larger baby, or a high-risk condition in the mother.
Failing to rapidly diagnose and treat preterm labor.
Failing to respond appropriately to bleeding.
Failing to respond to umbilical cord entrapment.
Failing to treat a fetus that develops distress during delivery.
Delaying the order for caesarian section (c-section).
Misuse of forceps or a vacuum extractor during delivery.
Inappropriate administration of drugs used to induce labor.

Special Laws That Apply to Birth Injuries
You should also be aware of some special laws that apply to birth injury malpractice cases:

Minnesota Statute of limitations: This is a law that requires commencement of a birth injury malpractice case within a specific time period. If the birth injury malpractice case is not filed within that time period, it will be barred regardless of its merit. Because the time period is very short and exceptions apply, it is very important to consult with experienced Minnesota birth injury malpractice attorneys as soon as possible.
Expert affidavit: In Minnesota, before commencement of a birth injury malpractice case, the party bringing the claim must provide a written document signed by a medical malpractice expert confirming that medical malpractice was committed and that it was a direct cause of the claimant's injuries. The format and timing of the affidavit are critical.

List of Birth Injuries

Autism. Using forceps and/or vacuum extractor during delivery can damage the brain and cause autism. There is also a link between c-sections and autism.
Brachial Plexus (Erb’s Palsy). Brachial plexus injuries happen when the network of nerves that connects the spine, shoulders and hands is damaged. If the symptoms include bruising or swelling, the situation may correct itself in several months. If there is major nerve damage, corrective surgery may be required and permanent damage often occurs.
Brain Injuries. Brain injuries occur when the baby does not get enough oxygen. Oxygen deprivation can happen if the baby loses a lot of blood, or the umbilical cord gets twisted or compressed. Prolonged oxygen deprivation can cause brain damage and a number of neurological disorders.
Bruising Caused by Forceps. Some bruises caused by forceps require surgical treatment.
Caput Succedaneum. Caput succedaneum refers to swelling of the baby’s scalp. This may happen if the birth involved vacuum extraction. The head usually returns to normal size in several days.
Cephalohematoma. Cephalohematoma is bleeding between a bone and its fibrous covering. Most of the time, this is found on the baby’s head and the healing process takes anywhere from several weeks to several months.
Cerebral Palsy. Cerebral palsy has a number of causes, including insufficient oxygen during birth caused by prolonged labor, abrupt labor, or interference with the umbilical cord.
Epilepsy. Deprivation of oxygen at birth can cause epilepsy.
Facial Paralysis. Facial paralysis is a possibility if nerves are damaged from the pressure of the birth canal. Sometimes the use of forceps can cause facial paralysis. Often, these injuries heal in 2-3 weeks. If the nerve damage is severe, surgery may be required and permanent damage may occur.
Fractures. Fractures are most often found in a baby’s collarbone after a difficult birth. Once immobilized, these fractures usually heal quickly.
Subconjunctival Hemorrhage. Subconjunctival hemorrhage, which looks like a bright red band around the iris of one or both of the baby’s eyes, can disappear completely in seven to ten days.

Minnesota Birth Injury: Attorneys with Experience and Resources Birth injury malpractice claims are difficult, time consuming, and expensive. That's why selecting the right Minnesota birth injuries lawyer is so important. At Pritzker | Olsen, P.A. , we have the experience and resources to take on important and challenging birth injury malpractice cases and obtain significant compensation for our birth injury clients.

If you would like a free consultation about your Minnesota birth injury malpractice claim, call toll-free at 1-888-377-8900, e-mail info@pritzkerlaw.com or fill out the online, attorney-consultation form.

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