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Experienced Birth Injury Lawyer in Salt Lake City, UT
As a birth injury lawyer Salt Lake City, UT residents trust at Rasmussen & Miner know all too well, the survivors of a birth injury can face accumulating medical bills and other financial distress. Newborns may need extra medical care during this time. The emotional grief and anger could be overwhelming feelings and these might worsen when a doctor explains that the symptoms could be permanent. These are just some of the effects a birth injury can have on a person’s life which is
why injury settlements can be some of the largest awards.
Table Of Contents:
- Our Commitment
- The Devastation of Birth Injuries
- Common Types of Birth Injuries
- The Causes of Birth Injuries
- Common Birth Injuries
- Getting Compensation for Birth Injuries
- Cerebral Palsy Birth Injury
- Causes of Cerebral Palsy
- 3 Types of Cerebral Palsy
- How To Proceed After Your Child Has Received a Birth Injury
- Fetal Monitoring
- Examples of Errors During Delivery
- Proving Doctor Committed Error
- Forceps Injury
- Contact a Birth Injury Lawyer for Help
- Protect You From Discrimination
- The Importance of Retaining a Birth Injury Lawyer
- Birth Injury Lawyer in Salt Lake City UT
- Understanding Cerebral Palsy: An FAQ
- Birth Injury Lawyer Salt Lake City, UT
- Find a Lawyer You Can Trust
- Birth Injury Signs Later in Life
- Call Rasmussen & Miner Today
At Rasmussen & Miner, our legal team has been guiding survivors through the legal process for decades. We understand the complex nature of these claims and know how insurance companies prefer to settle them without any form of legal representation on the part of the injured party. This is because when you have a seasoned lawyer on your side, the chances of recovering more money, even after the legal fees involved, is significantly increased.
Before you talk with the insurance company, make a formal statement, or agree to anything, it may be in your best interest to talk with a member of our legal team for advice. At Rasmussen & Miner we offer free case reviews. If we believe you have a valid claim, we will almost certainly handle it on a contingency fee basis which means there are no upfront legal fees. Call right now for a free consultation.
The Devastation of Birth Injuries
Finding out that you are having a baby might be the best news you have ever received. You may plan every last detail and wait for the big day to arrive. Unfortunately, there are some parents who, rather than celebrating the birth of their child, will face sadness, grief, and a host of other indescribable emotions after learning their child has suffered from a birth injury.
A birth injury lawyer can imagine how devastating a birth injury can be. We understand the long hours of extra care, medical treatment, and financial strain a birth injury can cause. We also know that you may be overwhelmed with anger and confusion; that your world has been turned upside down because of an error made by a doctor or medical practitioner. We would like to help you.
As a team of personal injury lawyers in the Salt Lake City area, we are here to fight for you and your future. For decades we have been helping families get the medical assistance and monetary compensation they deserve. All we ask is that you put your trust in us and feel confident in knowing we will do our best to recover maximum damages after a birth injury.
Common Types of Birth Injuries
Most births will go smoothly and result in a healthy child; however, there are things that can go wrong during the labor and delivery, through childbirth, or during the postpartum period. Doctors, and the medical staff have been trained for years and have a duty to provide a standard level of care to the mother and child. When they fail to adhere to this standard and the mother or child is harmed, it may be grounds for a personal injury claim. Common birth injuries include:
- Amniocentesis error
- Severe bruising
- Broken or dislocated bones
- Pregnancy errors
- Placenta abruption
- Cerebral palsy
- Erb’s palsy
- Caput Succedaneum
- Hypoxic ischemic encephalopathy (HIE)
Some birth injuries are not life threatening and will heal with time. In other cases, it is not negligence that caused the birth injury, but rather is considered to be a “natural” cause. If a UT birth injury lawyer in Salt Lake City finds that negligence or error is a factor, you may be able to recover damages for:
- Medical care
- Future medical treatment
- Special education or training
- In-home care
- Home and vehicle modifications
- Lost wages
- Pain and suffering
- Loss of consortium
The Causes of Birth Injuries
Birth injuries can be caused by any number of reasons. As the parent, you should not feel as though your child’s birth injury is a reflection of poor parenting or a show of irresponsibility on your part. Your baby may have a birth injury because it was born prematurely. This can happen if you are diabetic or if you were heavily stressed during your pregnancy. Your baby may have a birth injury because it was too large. Your baby may become too large in the gestational period due to your diet or some genetic factor. If your treating physician is not measuring your baby properly, this can result in your baby struggling to breathe and move while in your womb.
In general, a birth injury due to negligence or error cannot be an injury that is caused by a congenital condition. In other words had the medical error not been made, the child would have been born healthy. When a medical personnel takes action or inaction that results in a birth injury, you are entitled to compensation. This compensation goes towards tending to your baby’s short-term and long-term medical needs, as well as any emotional pain and suffering you now have to endure.
Causes of birth injury may include:
- Brain hemorrhage
- Oxygen deprivation
- Inadequate fetal monitoring
- Delayed cesarean Section
- Improper use of forceps
- Misdiagnosed or untreated infection
Common Birth Injuries
The birth of your child should be one of the happiest days of your life. However, if your child suffers an injury during the delivery process, it can turn into a nightmare. Here are the most common birth injuries.
- Brachial plexus injuries. This injury causes injury to the nerves in the neck and can occur when the baby’s shoulder gets stuck on the mother’s pubic bone. Although brachial plexus injuries are typically temporary, some of them are permanent and can reduce functioning of the arm.
- Hypoxic ischemic encephalopathy. If a baby’s brain is deprived of oxygen during the labor and delivery process, that baby can suffer hypoxic ischemic encephalopathy. Unfortunately, this injury can lead to lifelong complications, such as brain injuries.
- Delayed diagnosis of heart defects. Babies can be born with congenital heart defects. Luckily, the advances in medical technology allow doctors to diagnose these defects while the baby is still in the womb. The earlier the diagnosis, the easier the condition is to manage. If a doctor fails to catch the defect early on through an ultrasound, the defect will be more difficult to treat. If your baby was diagnosed with a heart defect too late, you may want to speak to a birth injury lawyer in Salt Lake City, UT.
- Cerebral palsy. Cerebral palsy is one of the most common injuries that newborn babies suffer. Many times, medical negligence is to blame. For example, if the baby was denied oxygen during the delivery process or suffers brain injuries from improper use of forceps, cerebral palsy can result. The condition affects muscle tone, movement and posture. Those affected may have difficulty walking, trouble with balance, tremors, stiff muscles and learning difficulties.
Getting Compensation for Birth Injuries
Certain birth injuries can affect the victim for life, resulting in astronomical medical bills. You and your family deserve to be fairly compensated for that. An experienced birth injury lawyer in Salt Lake City, UT can help you bring a lawsuit against the negligent medical provider and improve your chances of relieving a fair settlement. He or she will know the true value of your claim and won’t let the insurance company take advantage of you.
Cerebral Palsy Birth Injury
If your child was diagnosed with cerebral palsy, you may want to contact a birth injury lawyer at Rasmussen & Miner for assistance. Cerebral palsy and other birth injuries are far too common and can be devastating for the families that experience it. You may be entitled to some compensation to help you and your baby deal with this birth injury, and our team may be able to help you build a case.
Cerebral palsy is a group of neurological disorders that make muscle coordination and body movement difficult. Generally, most children who have cerebral palsy are born with the condition even if it didn’t result from a birth injury. Sometimes children aren’t diagnosed until they are a few years old. Cerebral palsy is known to occur in as many as four out of every thousand births in the United States and Europe. The complex part about cerebral palsy is that it’s not always caused by a birth injury. Additionally, it doesn’t always show up immediately after birth.
Causes of Cerebral Palsy
Cerebral palsy is caused by lack of oxygen to the body or brain, birth trauma, or premature delivery. Cerebral palsy isn’t always due to medical malpractice, but in the cases where it is, common medical malpractice issues may include:
- Not monitoring fetal heart rate appropriately before and during labor.
- Not planning and scheduling a c-section for babies that are too large to safely be born naturally.
- Not detecting a prolapsed umbilical cord.
- Improperly using vacuum and/or forceps to assist with delivery.
- Overly aggressive use of birthing tools.
- Lack of oxygen to baby’s brain due to poor positioning or lack of monitoring.
- Trauma to baby’s head, body, or spine from over-pulling.
- Maternal infections during pregnancy that went undetected and/or properly treated. If medical
professionals did not spot and deal with the infection it can result in serious injury to the baby.
- Failing to identify drug interactions when prescribing medications to the mother before,
during, or after delivery.
- Administering the incorrect type of drug or dosage to mother during delivery
When you choose a seasoned birth injury lawyer you may have a stronger chance of receiving financial damages. These may help pay for medical bills, and may also compensate for the pain and suffering you and your family have experienced.
3 Types of Cerebral Palsy
The three most common types of cerebral palsy are Spastic cerebral palsy, Athetoid cerebral palsy, and Ataxic cerebral palsy. Our team can evaluate your case and let you know how your child’s type of cerebral palsy impacts your case.
- Spastic Cerebral Palsy:This type accounts for 80% of cases and involves tightness in at least one of the muscle groups which makes it difficult to move and grasp objects.
- Athetoid Cerebral Palsy:This accounts for around 10% of cases and causes slurred speech, involuntary movement, difficulty swallowing, low muscle tone, and inability to maintain posture.
- Ataxic Cerebral Palsy:This also accounts for around 10% of cases and causes a distorted sense of balance, depth perception problems, difficult with coordinated muscle movements, and tremors.
How To Proceed After Your Child Has Received a Birth Injury
The birth of your child should be a joyous occasion, but many people endure less-than-perfect experiences. If your child sustained a birth injury, Rasmussen & Miner: Personal Injury Attorney know just how traumatic that can be. While your focus should be you and your child, it’s not a bad idea to consult a birth injury lawyer in Salt Lake City UT. If your child was injured at birth, here’s how to proceed.
Take Time to Process and Heal
Some injuries will heal with time, but others will be life-altering. You may still have your child, but they may never have the life you imagined for them. Grieving doesn’t require a dead body, so give yourself and your family the space you all need to process. Therapy can be incredibly useful, and a therapist may even be able to direct you to group therapy spaces where you can connect with other parents in similar situations.
Consult a Lawyer
If you think your healthcare providers may have been at fault, you should contact a birth injury lawyer in Salt Lake City UT as soon as you are able. It can be difficult to gather information as more and more time passes, and your memories of the event will be crucial. Try to write down as many details as you can, even if you don’t think they’re important.
Be Active During Recovery
One of the best ways you can feel involved and regain a sense of control is to be actively involved in your child’s new normal. Instead of simply letting your doctor tell you what their treatment plans will be, be actively involved in setting new goals. Plus, chances are you’ll be the one spending more time with your child than anyone else, so you can give more detailed updates to doctors that may change those treatment plans for the better. Each case is unique, and you can be a powerful advocate for your child. Don’t be afraid to ask for second opinions. Medicine is changing all the time, so you may even be better off searching for new specialists if you don’t feel comfortable.
Despite the risks, many people don’t anticipate any serious problems with childbirth, so it can be jarring to learn that your child has been injured due to your healthcare provider’s actions or even inactions. This can be an overwhelming time, but a birth injury lawyer in Salt Lake City UT like those at Rasmussen & Miner: Personal Injury Attorney can help you navigate the process.
Every doctor should monitor your baby’s growth during each doctor’s visit. This is known as “fetal monitoring.” Fetal monitoring is one of the most vital steps any doctor can take. Fetal monitoring allows your doctor to measure your baby’s size. Knowing your baby size can indicate whether your baby is growing at a healthy pace and, if it’s not, it suggests that something may be wrong, such as your diet or lifestyle habits. Likewise, fetal monitoring allows the doctor to check your baby’s heart rate, which is another way to inform the doctor of any potential gestational problems. When you go into labor, fetal monitoring may be for the entire period of your labor or at specific intervals. In this case, the doctor only monitors your baby’s heart rate.
Types of Fetal Monitoring
There are multiple types of fetal monitoring. An error of negligence or improper handling can occur regardless of which type your doctor uses. If the hospital that treated you chose a method of monitoring that was proven to be inadequate or used a brand of equipment that had many recalls or negative reviews, you will have a stronger basis to prove that medical malpractice occurred.
Different types of fetal monitoring are:
Examples of Errors During Delivery
If you suffered due to labor or delivery complications which resulted in an injury to your baby, know that you are not alone. Sadly, several babies out of every thousand sustain some kind of trauma during birth. As a parent, it is important to consider whether the complication arose because of random chance, or because a doctor or nurse made a crucial error. So do not let doctors deceive you.
A doctor can commit an error when she or he does not administer the proper dosage of medicine. She or he may be negligent in overlooking your allergens or administering medicine more often than what it should be taken. She or he may be negligent in failing to read your baby’s heart rate, therefore, failing to take the appropriate steps to remedy whatever issues arise. In some cases, it is safest if a doctor performs a C-section instead of a vaginal birth, usually due to the need to get your baby out the womb as soon as possible or because of its size.
Proving Doctor Committed Error
Without help from a lawyer, it can be challenging to prove a doctor’s negligence in cases of birth injuries. Medical professionals and the health facility may take drastic and desperate attempts to avoid liability, especially when the birth injury case would cause them to lose a substantial amount of money. During the discovery stage of your lawsuit, your lawyer can gather important records, investigate for evidence, reach out to witnesses, speak with experts, and obtain other information that supports your side of the story.
If you aren’t sure whether the doctor who took care of you during pregnancy and/or delivery made a mistake which led to the birth injury, we can perform a case assesment and inform you of your options. Here are just a few signs that it’s time to speak with a lawyer about a potential birth injury lawsuit:
- Something a doctor, nurse, or other staff member did during your pregnancy or delivery did not seem quite right, and you need someone to investigate the situation more fully.
- The medical facility is refusing to give you copies of medical records that may have details about the medical mistake listed on them.
- You believe a medical error occurred, resulting in your baby’s health to be adversely affected, and now have medical bills piling up.
- You need a professional to examine your case and decide whether it constitutes legal action in the form of a birth injury lawsuit.
Childbirth has its share of complications, but you shouldn’t hesitate to reach out to a birth injury lawyer in Salt Lake City, Utah if you feel your child experienced an inexcusable injury during delivery. If there are any complications related to your delivery, you should be able to rely on your healthcare provider to take care of you and your child – but what happens if they’re poorly trained, or unprepared?
Forceps deliveries are a strong example of what can happen when your medical professional makes the right choices, and what can happen if your medical professional is unprepared or incompetent. In a forceps delivery, a medical practitioner needs to use specialized equipment to ensure the safe delivery of a baby. It may seem straightforward enough, but you should never assume it’s foolproof.
What is a Forceps Delivery?
Sometimes the doctors and nurses on hand need to provide a bit of help to safely deliver a baby. Forceps are a special tool that are used to deliver your child safely – they look a bit like salad tongs, but they’re specially designed to pull the baby’s head in time with contractions. Forceps are an important tool, and can make an important difference (especially if a baby’s safety depends on a quick delivery). However, forceps require an experienced practitioner for their safe use.
If your healthcare provider is improperly trained or lacks the right preparation and experience for a forceps delivery, your child may experience injuries. These may seem innocent at first – slight bruising and scratching here and there – but some injuries related to forceps injuries are much more serious. A baby can experience eye damage, skull fractures, and even seizures in the event of poorly-executed forceps delivery. The recovery process for these injuries is lengthy, and may even impede with your child’s later development.
What Should I Do if My Child Experienced Injury?
Forcep deliveries are common, but medical mishaps are also more common than we’d like to think. An injury to your child is completely unacceptable, especially if you consider how much faith you have placed in medical professionals. Any injury to your child during delivery is a betrayal, and (more importantly) can traumatize a baby. Nobody should have to experience childbirth injuries, and no doctor, nurse, or medical specialist should be on the job if they lack the training on expertise required for a safe delivery.
Reaching out to birth injury lawyer in Salt Lake City, UT, is the first step you can take to getting closure for a birth injury. You may feel betrayed because of the incompetence of medical staff, but you shouldn’t let it prevent you from moving forward with legal action. If your child was injured – because of forceps injury or otherwise – financial compensation can help with medical recovery from improper treatment.
At Rasmussen & Miner, we understand the importance of a safe delivery. We know that medical professionals are expected to preserve the wellbeing of the child and mother, no matter the special equipment or strenuous circumstances. When it comes to birth injury, no parent should ever have to see their child hurt in their first moments, and whether their child was injured because of forceps or some other procedure, they should be awarded financial compensation to help them move on.
Reach out to Rasmussen & Miner today, and see how a birth injury lawyer in Salt Lake City, UT, can help you get the compensation you deserve for the recovery your child needs.
What Are a Few Examples of Birth Injuries?
Everyone does everything they can to stay safe; however, sometimes, the circumstances are beyond our control. That is exactly what happens when someone is born. Sometimes, babies are born with injuries before they have the opportunity to take their first breath. In some cases, injuries at birth can impact a child for the rest of his or her life. If you feel like your child has suffered an injury, you should reach out to a birth injury lawyer in Salt Lake City, UT, such as the team from Rasmussen & Miner: Personal Injury Attorney, for help. What are a few examples of birth injury?
A Broken Clavicle
Sometimes, a baby can sustain a broken clavicle during the birth process. They may have a difficult time fitting through the birth canal, and one of their arms could get stuck. As a result, their thin bones could get broken. This is usually something that is diagnosed quickly after birth. Typically, it is treated using a sling, but you need to rely on a doctor who can assist you.
A Nerve Injury
There are other situations where babies could sustain a serious nerve injury. One of the most common examples is called Erb’s Palsy. Other babies may be diagnosed with Klumpke’s Palsy. These nerve injuries can take place if your baby suffers a broken bone and one of the fragments of the bone severs one or more of the nerves. This could be something that leads to lifelong complications, so you should trust a birth injury lawyer in Salt Lake City, UT to help you.
A Head Injury
Finally, babies could suffer a head injury. Your baby could be diagnosed with a broken skull, or there could be an intracranial bleed. Unfortunately, injuries involving the central nervous system may not recover completely. This could be an emergency, and you need to seek medical care as quickly as possible. Then, you may want to have a lawyer review your case.
Contact a Birth Injury Lawyer for Help
It can be devastating if you hear that your baby has a serious injury. It can be even more frustrating if the injury was sustained during the birth process. That is where a birth injury lawyer in Salt Lake City, UT, such as a professional from Rasmussen & Miner: Personal Injury Attorney, can help you. You do not have to go through this alone. A personal injury lawyer can assist you.
Protect You From Discrimination
Anyone who has survived a birth injury deserves to be fairly treated. Sadly, it is all too common for a person who is incapacitated, either physically, emotionally, or mentally, to be discriminated against. From basic forms of discrimination such as being stared at or put down in restaurant to doctors treating the survivor as someone who can no longer make their own decisions. Education and employer discrimination is equally rampant.
The chances of a survivor, who has been diagnosed with an impairing birth injury that will in some way disable him or her, to be discriminated against are unfortunately high. Many people think about a birth injury lawyer as someone who can recover monetary compensation, and this is true. However, a birth injury lawyer can also educate you about your rights and tell you and your family what can be done to fight back against any type of discrimination.
The Importance of Retaining a Birth Injury Lawyer
Brith injury cases tend to be very challenging and often require the assistance of expert witnesses such as medical doctors, scene investigators, psychologists, and more. There is also a high possibility that the injured person will not remember the events of the accident or struggle to prepare and sit through the negotiations or trial.
Cognitive impairment, emotional disturbances, behavioral problems, memory loss, or diminished consciousness are all possible. For these reasons, it is very important to retain an experienced birth injury lawyer from the Salt Lake City area who has a solid understanding of these complexities. For an immediate consultation with our legal team, call Rasmussen & Miner.
Birth Injury Lawyer in Salt Lake City UT
In many cases, the medical professionals who work in delivery rooms are competent, trained, and well-equipped to handle any complications. Unfortunately, this isn’t a universal rule. Despite your best efforts, you may end up at the hands of poorly-prepared medical personnel, and your child (or you, yourself) might suffer for it. Fortunately, the legal experts at Rasmussen & Miner can help you get the justice and compensation you deserve if you or your child experienced any kind of injury or harm in the delivery room.
Understanding Cerebral Palsy: An FAQ
You may already be familiar with cerebral palsy (CP), or you might have only recently heard of it. Whatever your reason for digging deeper on the subject, it’s important to understand how it can affect a child’s development, what causes CP, and what can be done if your child has been diagnosed with CP. Read on to learn more about cerebral palsy, and why this serious condition can be traced to incompetent medical personnel.
What is Cerebral Palsy?
Cerebral palsy is a disorder that is caused by a brain injury. There are multiple types of cerebral palsy, but they all affect voluntary movement and coordination – and because cerebral palsy is caused by a brain injury, it’s a lifelong problem. It can cost millions of dollars for adequate care, depending on the severity of the case and the assistance needed for any semblance of normalcy.
What are the Symptoms of Cerebral Palsy?
The symptoms of cerebral palsy depend on the severity. Difficulties with movement and motor coordination are one of the most prominent signs. However, cerebral palsy can also cause seizures, and even mental retardation. These symptoms are for life, and if your child starts to exhibit signs of cerebral palsy, it’s important to seek legal help immediately. The cause of cerebral palsy can be traced to something completely unavoidable – or it could have been caused by negligence.
What are the Causes of Cerebral Palsy?
Cerebral palsy is caused by premature birth. However, it can still occur if your child wasn’t premature. The greatest threat is a lack of oxygen. If a child is deprived of oxygen during birth, serious brain damage can occur. Whether this asphyxiation can be traced to medical malpractice should always be investigated, and you should contact a birth injury lawyer if your child exhibits signs of cerebral palsy.
How Can a Birth Injury Lawyer Help Me?
Cerebral palsy typically takes a few years to diagnose. Once a medical professional diagnoses cerebral palsy, it can be a challenge to sift through birth records and information to determine whether the medical staff in your delivery room could have contributed to your child’s lifelong condition.
If you’re able to prove that the medical personnel who were present for the delivery of your child had a hand in your child’s cerebral palsy, you deserve compensation. Reach out to Rasmussen & Miner, and see how a birth injury lawyer in Salt Lake City, UT can help you finally get justice, closure, and a stable future for your child.
What causes brachial plexus injury?
The brachial plexus nerves are what connect the baby’s shoulders, arms, and hands to the spinal cord. If these nerves are damaged, the baby’s ability to control their arm and hand movements are affected. One common cause of brachial plexus injuries is shoulder dystocia during the baby’s delivery. This is when the baby’s shoulders become stuck in the birth canal, which puts intense pressure on the infant’s shoulder and neck area. The brachial nerves can become stretched – even torn. When a doctor uses vacuum extractors and forceps to remove the baby, this increases the risk of brachial plexus injury.
How can this injury affect a baby?
How much the baby will be affected by the brachial plexus injury depends on where the injury is located and how severe the damage to the nerves is. If the nerves have only been stretched slightly, the injury and symptoms that go along with it may be short-term. If the nerves have been torn away for the spinal cord or severed, the severity of the injury may be life-long and can even include paralysis.
How does Erb’s Palsy affect a brachial plexus injury?
Another cause of brachial plexus injury is Erb’s Palsy. The most common cause of Erb’s palsy is excessive pulling or stretching of an infant’s head and shoulders during a vaginal birth. If a baby is suffering from Erb’s Palsy, they may have loss of feeling, weakness, and partial or total paralysis of the arms and shoulders. One arm may be noticeably smaller during their childhood. One of the most common treatments for brachial plexus injuries is physical therapy, however, some victims need surgery, including nerve grafts or nerve transfer procedures.
What type of damages can parents collect in a birth injury lawsuit for this injury?
A successful birth injury lawsuit for brachial plexus can result in financial compensation for the child’s past, present, and future medical expenses for doctor’s visits, physical therapy, surgery, medical devices, and more. If the mother was injured during the birth, they may pursue financial compensation for the losses that injury caused, including medical expenses, lost wages, emotional distress, pain and suffering, and more.
What kinds of symptoms should I look out for?
There are many symptoms that your child may be suffering from that could indicate a birth injury. However, depending on whether the injury was neurological or physical, it may be harder to determine when the injury occurred. Physical symptoms that may be obvious are:
- Broken or fractured bones
- Shoulder dislocation
- Muscles that are paralyzed
- Breathing problems
Neurological symptoms that you should be on the lookout for are:
- Learning and milestone delays
While it is true that a birth injury can occur as a result of a true accident and not medical malpractice, this is where it will be a huge benefit to you to have a birth injury lawyer in Salt Lake City, UT. They will gather the help of expert medical witnesses who can determine if what the doctors did is something that other doctors in a similar situation with similar medical experience would have done. If this is the case, you may not be looking at medical malpractice. However, if other doctors would have attempted another route for your labor and delivery process, there is a good chance you are dealing with a doctor who did not do the right thing for your baby.
It is also possible that while the doctor may have been performing the right procedures for you and your baby, they were using equipment and devices that were old, broken, had design flaws, or simply were not working correctly. When this is the case, you could be looking at medical malpractice or you could be looking at a manufacturing error. Your lawyer can help you determine the appropriate next steps.
If you are left heartbroken over a baby who is suffering from birth injuries, do not hesitate any longer to call Rasmussen & Miner. Our Salt Lake City, Utah birth injury lawyer is here to help you when you need it.
What is the medical standard of care?
The medical standard of care is the standard that medical professionals and hospitals must adhere to when treating patients. It is a standard within the medical community that ensures that care administered by doctors to patients is comparable to other medical professionals with the same experience. When a patient has not been provided with treatment that upholds this standard, and damages have resulted, medical malpractice may be a likely factor. The medical standard of care is a crucial component of all malpractice cases.
What elements are needed for a successful case?
Birth injury cases can be challenging to prove, because of this, when considering whether a claim is viable, a birth injury lawyer in Salt Lake City, Utah, will look to identify several key elements, including:
- The presence of a doctor-patient relationship that a duty of care was owed
- That the medical professional failed to uphold the medical standard of care, breach of the duty of care
- Injury resulted
- The presence of damages
What information should be compiled for the first consultation with a lawyer?
When malpractice is suspected, families should compile as much information as possible for their first consultation with a lawyer. The more evidence, the better. Start by writing down an account of what happened along with gathering any medical documentation, in addition to any expenses that have resulted from the injury.
What is the statute of limitations for birth injury cases?
The statute of limitations is the length of time available to pursue a legal claim against the responsible party. Typically, the clock starts when the injury occurs or upon discovering the injury. In Utah, the statute of limitations for cases like this is two years. Once the statute of limitations ends, the opportunity to take legal action is no longer available to the plaintiff.
What is the likelihood that a birth injury case will go to trial?
When the plaintiff first takes action, there are generally two options, pursue the claims process, or file a lawsuit. In most cases, a lawyer will recommend that the case settle the claims process. The settlement process usually involves submitting a demand letter to the insurance company, followed by settlement negotiations. If a settlement cannot be reached, the process is escalated to litigation, where a judge decides or the jury determines the case’s outcome. Each option has pros and cons, meaning that a settlement has the best opportunity of the plaintiff walking away with something. However, should the case go to trial, the payout may be more, but the plaintiffs risk walking away empty-handed should the outcome not be in their favor.
Why Hire a Birth Injury Lawyer
Do you need to hire a lawyer when dealing with a birth injury? With so many complexities in each case, it can be hard to decide how to proceed when an injury occurs. Here are some reasons to consider a birth injury lawyer in Salt Lake City, UT if you are ready to file a claim.
You may need to consult a lawyer to initially understand if you have a case for compensation. Not all birth injuries are severe or result in permanent disability. There are also many ways a newborn can be hurt during birth that does not constitute a personal injury case. However, in instances of medical malpractice, neglect, or an error on the doctor’s part, you could be entitled to compensation for damages. A lawyer can help determine if there was a medical error or negligence that resulted in the injury, in which case you would be entitled to damages. Rasmussen & Miner: Personal Injury Attorney can evaluate your case and help you decide how to proceed.
Insurance companies, medical facilities, and doctors are often all trying to save money rather than take full responsibility for a birth injury. Settlements are often preferred by the responsible party, but they are usually lower than the injured party deserves. It can be difficult to navigate the system, especially while trying to recover from birth and care for a newborn. Hiring a lawyer increases the chances that fair compensation is reached. Lawyers at Rasmussen & Miner: Personal Injury Attorney have experience with insurance companies and the laws around these types of personal injury claims. This means a lawyer may have a better chance of getting you the compensation you deserve.
Not only is there a physical recovery from a birth injury, but there is also an often long road of emotional recovery. Victims of a birth injury may have to learn to cope with a newly disabled child and all the life changes that come with disability. They will also likely be dealing with medical bills and other financial stress as a result. While in this vulnerable state, it would be wise to have someone fighting on your side full-time. A birth injury lawyer in Salt Lake City, UT can dedicate their attention to your case while you dedicate your energy to your child and recovery. Hiring a lawyer can take the burden off of you to seek proper accountability and fair compensation following a birth injury.
Birth Injury Lawyer Salt Lake City, UT
After giving birth, you probably just want that special time at home with your baby. You want to soak every moment in and know that the child you have been waiting for has finally arrived, safe and sound. However, you may start noticing that something seems slightly off or even wrong with your baby. Maybe you noticed it at the hospital or maybe things seem wrong after you have been home for a few days or weeks. It is possible that your baby suffered from a birth injury that could have been avoided during labor and delivery and the team at Rasmussen & Miner would like to help you.
What to Look for with Birth Injuries
It is certainly possible that you will notice your child has birth injuries when you are still in the hospital. They may have abrasions, lacerations, or bruising. In serious circumstances, your child may need CPR after being delivered, they may have seizures, or they may appear to be limp. These are all signs that something did not go right during delivery. If this is the case, your next question should be this: could this have been avoided by a more competent medical professional or is this something that would have happened anyway?
Find a Lawyer You Can Trust
If you are considering filing a birth injury lawsuit, one of the best things you can do is to first seek help from a birth injury lawyer in Salt Lake City, UT to begin discussing details of your child’s birth and what signs and symptoms you have noticed. A reliable birth injury lawyer will tell you if you have a case and how you can proceed. They will be able to help you:
- Retain witnesses
- Gather your medical records
- Get the help of expert witnesses
These are all extremely important to a birth injury case. You will want to show that the negligence of a medical professional who was responsible for delivering your child caused your child’s injuries. This means showing that another medical professional with the same experience and under the same circumstances would have reacted to the situation differently and likely delivered your child unharmed.
Birth Injury Signs Later in Life
It is also possible that you begin noticing signs of your child’s birth injury when they are older. They may be missing milestones in the first few years. Even at a later age, it is still possible to file a birth injury lawsuit.
If you need help filing your birth injury lawsuit, reach out to the lawyers at Rasmussen & Miner to see how we can help your family begin recovering.
Call Rasmussen & Miner Today
Coping with a birth injury can be very difficult, especially without a personal injury lawyer. If your child was born with an injury and you believe it happened because of an error made by the doctor or medical practitioners, it is imperative that you contact us right away. If your baby was injured at birth, you don’t have to build your case alone. We can imagine the emotional and financial hardships you have had to deal with thus far. Please rest assured that you are in good hands here at our law firm if we take your case on.
You may be eligible for damages to help you pay for medical bills and other losses. Call a Salt Lake City birth injury lawyer in Utah at Rasmussen & Miner at (801) 363-8500 today.