My Child Suffered a Birth Injury Due to Minnesota Medical Malpractice: What Are We Entitled To?

Child Victims of Birth Injuries Caused by Minnesota Medical Malpractice May be Entitled to Compensation on Several Grounds


Birth injuries are some of the worst types of medical malpractice that occur in St. Paul, Minneapolis, Rochester, and many other places throughout Minnesota.  This is because children are our most precious and vulnerable members of society.  They are completely dependent on us and proper medical care.  This is also because many times the birth injuries caused to them by a negligence healthcare provider occur even before the baby has a chance in this world—sometimes even before the baby is born.  Moreover and most unfortunately, many times birth injuries are devastating injuries which can have debilitating, permanent, and life-changing consequences to a baby.


For these reasons, Minnesota law gives birth injury victims the right to seek compensation.  The actual victim (the child) and the parents or legal guardians are proper parties.  The bulk of the compensation is directed for the child’s pain and suffering as well as his or her medical costs in the future.  In rare and egregious circumstances, a child may be entitled to punitive damages against the negligent healthcare providers.


Here are the most common types of compensation that a victim of a birth injury may be entitled to:


Pain and suffering – for most personal injury actions, the bulk of all cases revolves around the pain and suffering caused by the negligence, i.e., the personal injury.  There are two components.  The past pain and suffering, which is what the victim endured prior to settlement or verdict, and the future pain and suffering, which is what the victim will likely endure after settlement or verdict.  With birth injury cases, many times the past pain and suffering is not as significant as the newborn was so young, the amount of time from injury to lawsuit is short, and many injuries are not pain-provoking per se (i.e., damaging a nerve causing it to not function or be numb).  But birth injury lawsuits usually have some of the most significant future pain and suffering of all medical malpractice case.  This is particularly true for cerebral palsy cases or cases where the child’s injuries result in seizures, cognitive dysfunctions, or require dependency on healthcare providers for the rest of his or her life.


Medical bills – a birth injury case is likely to result in significant medical bills, particularly if the baby-victim is required to go to the NICU for medical care and treatment.  A victim may be entitled to compensation for medical bills in a personal injury lawsuit.


Future medical bills and medical expenses – most birth injuries will require future care and treatment, some even series of invasive and painful surgeries.  Other birth injuries will require continued medical overwatch, preventative appointments, and some require around the clock nursing care.


Punitive damages – it is very difficult to recovery, but in some of the most egregious medical malpractice cases the court or jury may decide that the defendant-healthcare provider should be punished for their actions.  This will only happen when the negligence is so shocking to the conscious and gross negligence.


Victims of Birth Injuries in Minnesota Should Call Kuhlman Law, LLC to Learn What They May Be Entitled To


Birth injuries victims need compassionate and knowledgeable legal representation.  If you believe that your loved one may have been the victim of medical malpractice, call to schedule a FREE appointment.  We accept cases throughout Minnesota, including Minneapolis, St. Paul, Rochester, Duluth, or any other city.  Please call Kuhlman Law, LLC by dialing (612) 444-3374 to learn what your rights to compensation you may have.  You may also contact us using our easy and convenient “contact us” box at the bottom of our website.  If we accept your case, we will conduct a thorough investigation to get you the answers you deserve, all for free.  There is no risk, and you only pay us if we recover compensation for you.


We also handle cases throughout the state of Oregon including Bend and Portland Oregon, Redmond, Central Oregon, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, Albany, Medford, Beaverton, Umatilla, Pendleton, and Hillsboro.  Our Oregon office number is (541) 385-1999. 

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