Most of North Dakota’s doctors, obstetricians, and other medical professionals are well-trained and consistently do their jobs well. However, sometimes these professionals make mistakes that result in serious injuries to their patients. It’s especially tragic when one of these injuries happens to a newborn baby. Our experienced North Dakota birth injury lawyers represent these children and their families.

  • Over four decades of experience helping injury victims.
  • Specialists in North Dakota birth injury cases.
  • We have recovered millions for families we represent.

We want to help your family recover the financial support you need for your child.

Birth Injury Hotline

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Our experienced birth injury lawyers understand the struggles parents face while raising a child with a serious birth injury. We’re prepared to help your family get the support your child needs.

— Laurence Banville, Esq.
"Compassionate." We felt like they cared and our family's situation was important to them.
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When a family is preparing for the arrival of a new child, ensuring a healthy birth is a top priority. All parents trust medical professionals to follow all the accepted standards of care for their fields while handling pregnancies, labors, and deliveries.

Pursuing Justice In The Wake Of A Child’s Birth Injury

When performed correctly, childbirth is a safe procedure which rarely involves serious complications and birth injuries. Unfortunately, sometimes nurses, doctors, and other healthcare providers fail to act within the standard of care and cause serious birth injuries.

father cradling infant's head

If your child suffered a birth injury that could have been prevented with better medical care, our North Dakota birth injury lawyers can help you explore your legal rights. Healthcare providers who cause injuries through medical negligence can be held liable in medical malpractice lawsuits.

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What Is Medical Negligence?

All healthcare professionals have a legal duty to provide the highest quality of medical care possible and to do all that they can to ensure the safety of their patients. These professionals go through many years of schooling, residencies and training in the accepted standards of medical care for their fields. The healthcare providers who specialize in childbirth have a duty to be aware of how to anticipate, identify, and respond to potential birth complications.

Parents of children with birth injuries often wonder if their healthcare provider could be at fault for causing the injury. In order to determine this, it’s necessary to have your medical records and other evidence reviewed by a qualified medical expert with similar qualifications as your healthcare provider. If this medical expert determines that your healthcare provider failed to meet the standard of care, your provider may be considered medically negligent.

Common Examples Of Medical Malpractice

Some examples of medical negligence which commonly contribute to birth injuries include:

  • Failure to identify and treat fetal distress, such as oxygen deprivation
  • Failure to perform a c-section or performing one too late
  • Errors using delivery tools (e.g. forceps, vacuums, etc.)
  • Failure to diagnose and treat maternal health problems, like high blood pressure
  • Prescribing a drug with harmful side effects for the developing child

If you suspect that your child’s injury may be the result of medical negligence, our resourceful North Dakota birth injury lawyers can help your family find answers.

Preventable Birth Injuries

Trauma during childbirth can cause permanent injuries and disabilities which may require a lifetime of care and support for the child. Some of the most common preventable injuries we’ve seen in North Dakota malpractice cases include:

The lifetime expenses for children with severe injuries can easily become unmanageable for most families. That’s why it’s important to seek financial compensation in situations where medical negligence is to blame for a birth injury.

North Dakota Medical Malpractice Lawsfather cuddling newborn

All states have their own set of laws and legal statutes which apply to medical malpractice lawsuits. If your family has been discussing taking legal action following your child’s birth injury, you may be curious about what these laws are and how North Dakota malpractice laws could apply to your family’s case.

We’ve compiled a brief summary of North Dakota laws below, but we suggest speaking with an experienced birth injury malpractice lawyer if you want to fully understand your family’s legal rights.

Deadline For Filing A Malpractice Claim

Each state has a deadline for filing a medical malpractice lawsuit, known as the statute of limitations. If you fail to file your claim within this deadline, you may forfeit your right to take legal action. Determining this date can be complicated, especially in birth injury cases. It’s best to speak with a lawyer as soon as you have the chance following a birth injury to make sure you meet the requirements of the statute of limitations.

Expert Affidavit Requirements

North Dakota state laws require you to file an expert affidavit within three months of filing your medical malpractice lawsuit. This document must contain the opinion of a qualified medical expert which states that they think you have grounds for a medical malpractice case. It also must include the expert’s name, business address, qualifications, and a summary of the basis for their opinion. Your lawyer can find a qualified medical expert for you and help you fulfill this requirement.

Caps On Noneconomic Damages

North Dakota is one of the many states that limits the amount of financial compensation you can recover in a medical malpractice lawsuit. This limit only applies to non-economic damages, which are more subjective damages that can’t be directly calculated based on financial costs. Examples of noneconomic damages include pain, suffering, and loss of quality of life. These damages are capped at $500,000.

Taking Legal Action

Medical malpractice cases are some of the most complicated forms of injury lawsuits. In order to build a successful case, you’ll need assistance from a lawyer with experience in North Dakota birth injury malpractice lawsuits.

Our local lawyers understand how state laws can influence a claim, how to gather sufficient medical evidence, and how to present a strong argument in the courtroom. We’re prepared to make sure your child gets all of the support he or she needs for a happy, healthy, and fulfilling life.

To find out more about your family’s legal options and begin planning for the future, contact us today for a free consultation.

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