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Medical Malpractice Claims for Birth Injuries and Infant Death
Six to eight of every 1,000 newborns suffer a birth injury involving tissue damage, hemorrhage or fractures, or a brain injury from hypoxia (lack of oxygen). Much of this injury is caused by the natural forces of compression and contraction of the birthing process. Still, the use of tools to help during delivery—forceps, and suction—is also a significant contributor to injuries.
As many as half of these infant injuries could be avoided, according to researchers, if medical professionals were alert to the risk factors:
An infant with large head circumference and a mother with a small pelvis;
- Breech position;
- Prolonged or very rapid labor, which can be the case when too much Pitocin is given to start labor;
- Fetal distress is apparent on the fetal monitor.
Although c-sections and monitoring are options, every year, infants suffer injury. Parents experience the heartbreak of losing a child because doctors and delivery room staff failed to act properly when needed.
At Rasmussen & Miner, our medical malpractice attorneys are dedicated to helping grieving parents find an answer to their most pressing question: “Why did this happen to my child?”
With more than 20 years of experience in medical malpractice and birth injury cases and a track record of results, we’re the law firm injured people turn to when they need experience on their side. Contact our Birth Injury Lawyer in Salt Lake City law office for a free initial consultation: (801)363-8500.
Why You Need an Experienced Birth Injury Attorney To Represent You
There are no guarantees in life. Pregnancy and childbirth are dangerous times for mothers and developing babies, even when adequate medical care is available. Distinguishing unavoidable problems from those caused by negligence is a delicate task that requires medical experts’ help.
At Rasmussen & Miner, we work with obstetrical experts from around the nation as we build a case for financial recovery. Some cases we’ve handled include:
- Failure to monitor the infant during the birthing process;
- Failure to identify medical conditions in the mother during pregnancy, such as gestational diabetes (contributing to oversized infants);
- Brain damage, brain hemorrhage, or skull fracture from too strong contractions caused by Pitocin overdose;
- Birth asphyxia;
- Erb’s palsy;
- Shoulder dystocia;
- Cerebral palsy.
At Rasmussen & Miner, we understand that this is not just a court case; this is your life. We are dedicated to protecting your rights to financial recovery. Call (801)363-8500 or contact our Salt Lake City law office to schedule a free consultation.
Frequently Asked Birth Injury Questions
As a birth injury attorney, Salt Lake City UT families turn to for support, we know that prospective clients will have several questions regarding their case. Birth injuries can be severe and can result in lifelong injuries. In some cases, these injuries can even be fatal. As parents, the last thing you probably planned was for this to happen while giving birth to your baby. At Rasmussen & Miner, we know that in addition to the why and how, you will be searching for answers to the many case-related questions, you are sure to have.
How do I obtain medical records after the accident?
As you may already know, evidence will play a critical role when pursuing a case of medical malpractice. Obtaining medical records will be essential to gaining a deeper understanding of the care received, decisions made, and, more importantly, what may have gone wrong. As a patient, you have a right to copies of your medical records. In most cases, you may receive them electronically or through a medical portal.
How long do I have to decide if I would like to pursue legal action?
Two factors must be considered when determining the statute of limitations in Utah. The date of the injury, and the date the injury was first discovered. From the date of either of these, the statute of limitations is two years. This means that if the injury wasn’t discovered for some time after the injury occurred, the timeframe may be longer than two years, but should not extend beyond four. However, be aware that once this period passes by, in most cases, the ability to take action may no longer be an option, which is why contacting a Salt Lake City UT birth injury attorney as soon as possible is in your best interest.
How long does it take for birth injury cases to resolve?
Birth injury cases can be incredibly complicated and may require litigation if the parties cannot settle outside of the courtroom. There are several factors at play when determining the length of time that a case will take before it can be resolved. Typically, damages in medical malpractice cases can be significant and, in turn, may take several months to a few years before they come to a close. However, when working with an experienced attorney, they will not only prepare for all possible outcomes, they will also work towards reaching a resolution in as timely a manner as possible.
How do I choose an attorney in my area?
One of the most important steps you can take following a birth injury is to consult with an attorney. However, finding the right attorney will take some research, and you mustn’t choose the first attorney you find. Like doctors, attorneys often select specific areas of practice. Meaning that when you search for legal representation for your case, it’s crucial to choose a professional with experience managing medical malpractice cases, specifically birth injuries. Additionally, when selecting an attorney, be sure to find someone local to your area as they will know best how to navigate the local court system.
If your baby was injured during childbirth, it would be in your best interest to speak with an experienced lawyer from our team at Rasmussen & Miner. Each case is unique and will have its own set of circumstances to consider, which is why contacting us to schedule a complimentary consultation will be the best way to take action. Call our Salt Lake City, Utah birth injury attorney as soon as possible to get started.