Legal Question in Medical Malpractice in Minnesota

Re: medical malpractice for GBS

If the hospital acted in a manner that did not meet the standard of care for treatment of group b strep there would be malpractice. However, as a practical matter doctors win approximately 80% of malpractice suits. Also, these cases are very expensive to bring because of the need to have medical experts who will testify to the malpratice. Because of these issues even if there is malpractice there needs to be very substantial damages to justify bringing a malpractice claim. Based on the information provided it is difficult to determine if a malpractice case would be justified. If the child has damages in the future that relate to this malpractice there would be a valid claim. However, it would probably not be justified to bring a claim just for the emotional trauma of the parents. In most cases in Minnesota emotional trauma to someone else is not covered for damages.

Because there are statutes of limits or times within which a claim must be brought I would recommend that you consult a Minnesota attorney to discuss more of the particulars than can be discussed in this type of forum.

I want to make it clear that my firm does not represent you or any member of this family on this matter. You or the parents should talk to an attorney in person.

Good luck.