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Birth Injury Lawyer Salt Lake City, UT
A newborn who has experienced a debilitating injury, or worse, as a result of negligence is utterly devastating. Having a birth injury lawyer Salt Lake City UT, to represent the family will be imperative. When a newborn has been injured from medical negligence, the impact can leave families to contend with injuries that can be impactful and even lifelong. Seeking compensation for damages will be critical for families because it’s highly likely that medical bills, rehabilitation, and long-term care will be excessive. Expectant parents will have never expected to have a newborn baby with special needs due to a medical professional or health administration failing to uphold the medical standard of care. Unfortunately, this can be a harsh reality that will leave parents with many questions for an experienced law firm like Rasmussen & Miner.
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.
Rasmussen & Miner has represented a fair share of cases that have resulted in devastation due to the injury of a newborn baby. Parents have a right to take action with the legal experience of a Salt Lake City, UT birth injury lawyer they can trust.