Best Birth Injury Lawyers in North Dakota
New parents grappling with a birth injury are likely facing fear and anxiety about their child’s future. It’s natural for families in this situation to wonder how the injury occurred, whether it was preventable, and if they can afford the long-term care their child may need.
A top-notch North Dakota birth injury attorney can be invaluable in determining if a family affected by a birth injury is entitled to financial compensation. But what qualities make for the best North Dakota birth injury lawyer? While a consistent history of high dollar results for clients is essential, the best attorneys have also earned recognition from their colleagues as well as satisfied clients.
It Starts with Results
Why are results so important when choosing the best North Dakota birth injury attorney? Results help showcase who may be a top-notch candidate to take your case. Birth injuries are typically litigated as medical malpractice lawsuits. Medical malpractice, in turn, is a highly specialized area of tort law allowing a victim to pursue compensation for injuries to their person or property. Birth injury lawsuits can be complex in nature, both legally and factually. With that in mind, a proven track record of successful settlements and/or jury awards is a great place to start when looking for the best birth injury lawyers in North Dakota.
Lawyers Who Get Results
Since past performance is a strong indicator of future success, it only makes sense to look at birth injury lawsuit results when searching for the best birth injury lawyers in North Dakota. To do that, we looked at some of the more impressive settlements and verdicts obtained by North Dakota attorneys handling birth injury lawsuits.
David R. Bliss of Bliss Law Firm in Bismarck, North Dakota – Through his decades of experience as a trial lawyer, Bliss has obtained millions of dollars in compensation for the injured. For example, he recently co-litigated a medical malpractice lawsuit on behalf of a three-year-old child who sustained severe oxygen deprivation during birth. The case resulted in a $5.6 million settlement, allowing her family to provide her with a lifetime of medical care. A fourth-generation North Dakotan, Bliss is deeply committed to serving his community. He previously served as president of the North Dakota Trial Lawyers Association and as North Dakota governor to the American Association of Justice. In addition to his professional accomplishments, Bliss has earned the respect of past and present clients, as evidenced by his high-ranking Google reviews.
Mark V. Larson of Larson Law Firm, P.C. with offices in Fargo, Minot, and Bismarck, North Dakota – With decades of experience in plaintiff personal injury litigation, Larson is well equipped to advocate for families impacted by a preventable birth injury. He has obtained millions in medical malpractice verdicts and settlements, including birth injury compensation. Larson has a long history of recognition from the legal community, including a position on the North Dakota Association for Justice Board of Governors since 2004 and certification as a Civil Trial Specialist from the National Board of Trial Advocacy. As evidenced by his firm’s stellar Google reviews, Larson is also respected by satisfied past and current clients.
Examples of North Dakota Birth Injury Lawsuits
A birth injury lawsuit is a highly specialized type of medical malpractice lawsuit. To prove medical malpractice, a plaintiff (injured party) must show that negligent conduct on the part of the defendant(s) caused a breach of the standard of care owed to the victim. Both acts and omissions on the part of a health care provider can result in violating the duty of care owed to a patient.
Some examples of negligent conduct on the part of a health care provider during the birth of a child that might result in a North Dakota birth injury lawsuit include:
- Failing to identify and treat a health injury or concern in the mother
- Excessive force used during delivery
- Negligence in starting or performing a C-section
- Ignoring signs of distress in the mother
- Ignoring signs of fetal distress
- Prescribing the wrong medicine or medicine that has harmful side effects
- Improper use and administration of Pitocin
- Oxygen deprivation
- Medical malpractice due to inexperienced staff
Common Birth Injury Defendants in North Dakota
One of the reasons why a birth injury lawsuit is among the most complex types of personal injury litigation is the possibility of multiple defendants. Numerous health care professionals are usually involved in the birthing process, and any or all of them could be named potential defendants when a birth injury occurs. Consequently, a birth injury lawsuit often includes physicians, nurses, surgeons, anesthesiologists, specialists such as neonatologists, and anyone else involved in the birth. The hospital is also typically named as a defendant in a birth injury lawsuit. Common North Dakota hospitals named as defendants in a birth injury lawsuit include:
- First Care Health Center
- Sakakawea Medical Center
- Towner County Medical Center
- Sanford Medical Center
- Altru Health System
- Ashley Medical Center
- Cavalier County Memorial Hospital
- CHI Lisbon Health
- Community Memorial
- Cooperstown Medical Center
- Essential Health-Fargo
- Fargo Veterans Affairs Health Care System
About North Dakota Birth Injury Cases and Birth Injury Law
The statute of limitations for medical malpractice in North Dakota is generally two years. However, there are several exceptions to this directive. The deadline to pursue a lawsuit is extended by two years from when the patient discovered, or reasonably should have discovered, the error or omission that caused the injury. North Dakota law also considers anyone under the age of 18 disabled, which confers a medical malpractice statute of limitations extension to minors. They generally have until their 19th birthday to file a birth injury lawsuit.
In medical malpractice lawsuits, including birth injury cases, North Dakota imposes a cap (maximum) on certain types of damages (compensation). Non-economic damages are capped at $500,000. Non-economic damages compensate a victim for discomfort, pain, anxiety, stress, loss of enjoyment of life, scarring, and other subjective injuries. There is currently no cap for economic damages, i.e. past and future medical bills, lost wages, and other expenses.
A Successful Birth Injury Case Starts With Choosing the Best Representation
Birth-related injury claims are often complex and emotionally taxing for the victims and their family members. That’s why choosing the best North Dakota birth injury attorney – one with a history of high-dollar results and recognition from both their professional peers and past and former clients- is an essential part of a lawsuit’s success.