May 3

Infant Wrongful Death Settlement (Medical Malpractice)

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Our firm recently reached a $250,000.00 settlement on behalf of the parents of a child whose wrongful death was the result of medical malpractice committed during his birth.  This amount represented 50% of the $500,000.00 statutory cap because this case was against a county hospital.  (Please note that there are generally no statutory caps on medical malpractice cases in Minnesota).

In the case referenced above, several months went by and the parents still were not sure why their son died a mere few days after he was born.  They were not getting any answers from the hospital where their son was delivered or from anyone else. 

The parents approached our firm for help and we began an investigation into this child’s death.  Our distinguished medical expert determined that the hospital staff failed to appreciate the signs of fetal distress for several hours and did not timely intervene.  As such, we commenced a wrongful death lawsuit.  After considerable battling and back-and-forth with the Defendants and their medical experts, we were able to settle this matter without the necessity of a jury trial.

People generally trust their doctors and don’t typically make accusations of negligence carelessly or hastily.   If something has gone wrong even if it is unclear as to why, our team can help grieving parents investigate what happened.  Sometimes this is the first instance that a parent will become aware that errors were made during the pregnancy and delivery.

A baby’s birth should be a happy occasion but there are sometimes tragic outcomes.  The physicians and hospital staff are not always to blame, but parents and loved ones deserve to know the truth of what happened.  It isn’t always easy to pursue justice in cases like these. It takes courage to stand up to medical providers that you entrusted with your care and your baby’s life.  Pursuing these cases, however, is so vital in changing the way doctors and hospitals work so that future mistakes and misfortunes are averted.


According to the Journal of the American Medical Association (JAMA), medical negligence is the third leading cause of death in the U.S.—right behind heart disease and cancer.


Statute of Limitations in Minnesota for Medical Malpractice

·         Injury

Minn. Stat. Section 541.076

Four years from the date the cause of action accrued.

·         Death

Minn. Stat. Section 541.076, Minn. Stat. Section 573.02

Three years from the date the cause of action accrued.


Please note that in certain cases, for instance in cases involving minors, the statute of limitations can be tolled or delayed.  Also important to note, there is a “Certification of Expert Review” Affidavit Requirement in Minnesota that can be found at Minn. Stat. Section 145.682, which lays out the “Certification of Expert Review” requirement for medical malpractice lawsuits.



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