Best Birth Injury Lawyers in Minnesota

Best Birth Injury Lawyers in Minnesota

What Makes a Birth Injury Lawyer the Best?

Each year, thousands of newborns suffer severe injuries during childbirth. Some of these injuries can result in cerebral palsy and other permanent disabilities. In some cases, birth injuries or infant deaths are unavoidable, even with the best possible medical care. However, in other instances, negligence on the part of medical providers can cause a newborn to suffer significant, lifelong impairments. 

Families grappling with a potentially preventable birth injury are entitled to file a lawsuit and pursue compensation on behalf of their child. A top-notch Minnesota birth injury lawyer can be invaluable during this process. But what traits make for the best Minnesota birth injury lawyer? While a proven track record of results is essential, it’s not enough. The best Minnesota birth injury attorneys have also earned professional recognition from their peers, as well as past and current clients.  

It Starts with Results

The best Minnesota birth injury attorneys have a proven track record of high-value verdicts and settlements. But what characteristics contribute to their success? It takes an exceptional level of professionalism to stand out in the highly specialized field of birth injury litigation. Some of the elements that combine to make a Minnesota birth injury attorney among the best include: 

Passion for the Job

Becoming a results-driven birth injury attorney isn’t for the faint-hearted. In addition to managing complex caseloads, conducting extensive research, and staying up to date on laws and statutes, the best Minnesota birth injury lawyers never lose sight of the big picture: that each and every client deserves aggressive advocacy in their fight for justice. 

Attention to Details

At times, attorneys must make judgments – for themselves and their clients. For example, an attorney may need to decide whether an alleged birth injury claim is worth pursuing at all. This matter requires them to gather facts about the alleged birth injury, evaluate the case from different perspectives, and make informed decisions. The best Minnesota birth injury attorneys examine every facet of a case to form the most accurate timeline of what occurred. 

Superior Litigation Skills

The most successful Minnesota birth injury lawyers are never afraid to take a case to the courtroom if that’s in their client’s best interest. Extensive experience in front of a jury is an essential element of what separates an adequate Minnesota birth injury attorney from a great one. Even if it’s decided that a settlement is the most beneficial option for a client, the best Minnesota birth injury attorneys will still fight for the maximum amount of compensation available.  

Examples of Minnesota Birth Injury Lawsuits

Below are several recently reported verdicts and settlements for Minnesota birth injury cases:

The parents of a boy suffering from several significant impairments, including seizures, filed suit against Wadena Medical Center, alleging negligence during his birth. According to the lawsuit, medical staff failed to recognize and respond to signs of fetal distress, did not administer a necessary cesarean section, and erroneously performed a vacuum-assisted delivery. The claim also maintained that medical staff did not provide adequate care following the boy’s birth, including an immediate transfer to a neonatal intensive care unit. A jury agreed with the plaintiffs that negligence on the part of Wadena Medical Center caused their child to sustain oxygen deprivation during birth, resulting in severe disability. The plaintiffs were subsequently awarded $62,000. 

After a newborn boy sustained a brachial plexus injury and subsequent right arm paralysis, his parents sued the medical staff that performed his delivery. They alleged that negligence in treating his mother’s gestational diabetes, failure to administer a necessary cesarean section, and the use of excessive force when guiding the newborn out of the birth canal directly contributed to his impairment. A jury agreed and awarded the boy and his family almost $9 million. 

A woman was admitted to the hospital for labor induction. After a few hours, she started on Pitocin to initiate uterine contractions. However, the fetus’s heart rate fell below the normal range. The baby was eventually delivered by cesarean section, but was not breathing and required resuscitation measures. The newborn was subsequently diagnosed with unspecified permanent and catastrophic injuries.

Her parents sued the hospital for failing to exhibit a reasonable degree of care, diligence, and expertise and directly contributing to her injuries. A jury found that the hospital was negligent in providing adequate care during the labor and delivery process and awarded the child and her family $23 million in damages.

 Lawyers for Minnesota Cerebral Palsy Cases

Cerebral palsy is a neurological disorder restricting body movement and muscle coordination. It is often caused by insufficient or lack of oxygen in a newborn’s brain during labor or delivery. Most babies with this condition are born with it and rarely lead a normal life.

Cerebral palsy is one of the most common birth injuries. While it’s not always preventable, there are some scenarios where medical negligence is a contributing factor in a cerebral palsy diagnosis. Parents or legal guardians whose child has cerebral palsy should consult with the best birth injury lawyers in Minnesota to determine if they are entitled to compensation. 

Some of the best Minnesota birth injury lawyers who handle cerebral palsy and other birth impairment cases include:

Kathleen F. Peterson – Ciresi Conlin LLP

Kathleen F. Peterson of Minneapolis-based Ciresi Conlin, LLP is devoted to advocating for families grappling with a birth injury, as evidenced by the millions of dollars in verdicts and settlements she has obtained for her clients. As a former registered nurse, Peterson understands that the best care requires speaking up against institutional failures in the healthcare system. Accordingly, she represents birth injury victims diagnosed with cerebral palsy, developmental delays, brain impairments, and other disabilities resulting from medical negligence. 

Peterson is affiliated with more than ten law-related organizations, and her court admissions include U.S. District Court, Minnesota, and the United States Supreme Court. She has been named the ‘best lawyer of the year’ by Best Lawyers® for Minneapolis Medical Malpractice Law – Plaintiffs in 2010, 2012, and 2019. She was also recognized by The Best Lawyers in America® in 2022 for Medical Malpractice Law – Plaintiffs.

During the course of her career, Peterson has received dozens of awards from professional legal groups such as the Plaintiff Consumer Lawyers Hall of Fame and the National Law Journal. Along with her colleagues at Ciresi Conlin, LLP, Peterson has also earned the respect of past and current clients, as indicated by stellar reviews.

Teresa Fariss Mcclain – Robins Kaplan LLP

Teresa Fariss Mcclain is a partner at Minneapolis-based Robins Kaplan LLP. She has devoted her career to advocating for victims of birth-related injuries, such as cerebral palsy, caused by medical negligence. During her decades-long career, McClain has obtained multiple seven-figure jury awards and settlements for plaintiff clients. Her success has recently earned her recognition in the Minnesota Lawyer’s 2021 POWER 30, a state ranking of top medical malpractice & personal injury lawyers. She also enjoys membership in several exclusive organizations, including the American Board of Trial Advocates, the American Bar Association, and the International Society of Barristers.

McClain and the rest of her colleagues at Robins Kaplan LLP have also earned multiple five-star Google reviews from satisfied past and present clients.

Common Birth Injury Defendants in Minnesota

When a child is injured during labor or delivery in Minnesota due to medical negligence, the child’s parents or legal guardians are legally entitled to pursue financial compensation. In some instances, the hospital where the child was delivered and the medical staff who performed the delivery can be held liable for impairments resulting from a birth injury. 

Some of the most commonly named birth injury defendants in Minnesota include: 

About Minnesota Birth Injury Cases and Birth Injury Law

Under Minnesota state law, all medical negligence injury claims against healthcare providers must be filed within four years of the date the “cause of action accrued.” The date a “cause of action accrued” begins the four years and is usually based on when an actionable injury occurs. Medical negligence claims alleging that death occurred must generally be filed within three years of the date of death. However, an exception to these statutes of limitations is granted if the person allegedly injured is a minor under the age of 18. In that instance, the statute of limitations is suspended for seven years from when the medical negligence first occurred, or for one year following their 18th birthday, whichever transpires sooner. At that point, the four-year statute of limitation clock starts ticking again. 

In 2006, the Minnesota Supreme Court rejected the popular “discovery rule” followed in many jurisdictions across the country. The decision, which currently still stands, dictates that medical malpractice claims must generally be filed within four years of the alleged negligence, not when the injury was actually discovered.  

Minnesota statute also requires that most birth injury lawsuits include a “certification of expert review” that establishes an expected standard of care and also outlines how the medical facilities and/or medical professionals named in the suit deviated from that standard of care. A Minnesota birth injury must also use the certification of expert review to demonstrate that medical negligence directly caused a plaintiff’s impairments, and that the plaintiff is entitled to damages due to those impairments. 

Unlike other jurisdictions, Minnesota does not allow so-called “wrongful life” and “wrongful birth” claims, meaning that parents and children can not allege that medical negligence violated their right to make an informed decision on whether or not the child should have been born. This statute does not, however, absolve doctors of the legal duty to inform parents of possible birth defects. 

A Successful Birth Injury Case Starts With Choosing the Best Representation

Birth-related injury claims are often complex, and can be emotionally taxing for the affected families. That’s why choosing the best Minnesota birth injury attorney – one who combines proven results with dedication, passion, and a fearless commitment to advocacy – is the most important element in a lawsuit’s potential success.