A birth injury in Utah is covered by Code 78B-3-4 (Title 78B, Chapter 3, Part 4), which governs medical malpractice actions against healthcare providers. The laws are complex and require cases to be filed within the statute of limitation.
Our team at Garner Law Firm are experienced Utah birth injury attorneys and we put this article together to help people understand the complexities that come with this type of case
Symptoms of a Birth Injury
A birth injury, i.e., an injury received by a newborn or the mother during delivery, may result in physical and/or neurological damage. Injuries suffered by the baby during delivery can include any of the following:
- Fractures (skull, collarbone, or any other) or head trauma
- Shoulder dislocation
- Muscle paralysis
- Dents, bruises, swellings, or lumps, which are visible after delivery
- Seizures (usually caused by a fractured skull or neurological damage)
- Breathing difficulties
When the baby refuses to stop crying, it indicates that he is injured. Parents should pay attention to other symptoms in the baby – for example, trouble swallowing food, puking, lack of appetite, constipation, and excessive coughing or drooling.
Some internal injuries, especially neurological damage, may not show up for many months. Parents may discover it when the child finds it difficult to perform routine tasks.
Responsibility for the Birth Injury
A doctor or any other medical professional and the hospital that delivered the baby and caused the birth injury because of medical malpractice will be held responsible for the injury.
Types of Medical Malpractice Cases (related to Birth Injuries)
- Injuries caused to child or mother during pregnancy care, delivery, or post-delivery. Such injuries cover negligence during delivery, negligence in controlling excessive maternal blood loss after delivery, negligence in monitoring the newborn’s oxygen intake, failure to take note of the mother’s or the child’s critical vital signs, faulty prescriptions, failure to diagnose the mother’s or child’s medical condition, and more.
- Claims against a pharmaceutical company that manufactured a faulty contraception device or pill.
Each type of claim is complex and comes with its own set of peculiarities.
Compensation That Can Be Recovered
Utah’s birth injury attorneys at Garner Law Firm patiently study the case details along with the medical records because the law is tricky and the facts of each case are unique. Lawyers factor in the following damages into the claim:
- Physical pain and suffering of the parents, and/or the child (current and future).
- Mental pain and suffering (during birth and/or in raising the child),
- Lost earning capability (current and future).
- Costs related to the child’s injuries. These damages include education and continuing medical treatment expenses.
Fatal Birth Injuries in Utah
If the baby is stillborn because of injuries or negligence, or is born alive but dies soon after the delivery because of birth injuries, the parents can file a wrongful death suit.
Utah’s Statute of Limitations for Birth Injury Claims
Utah’s laws allow parents to file a lawsuit for birth injuries or death within 2 years from the date of injury. If a foreign object has been left in the mother’s body, the parents can file a claim within 1 year of discovering the object.
Minors get 20 years to file a medical malpractice claim, though.
Free Consultation with our Experienced Attorneys
Medical laws are complex and tricky, and parents are mostly distressed and confused after a birth injury occurs.
Our team of experienced Utah birth injury lawyers empathizes with clients and helps them understand the rightful compensation they are entitled to. We believe that every victim wants to move ahead with his life, and we understand how they feel.
We review all the medical records, pre-existing conditions, post-delivery complications, and other factors before consulting other experts such as economists, medical professionals, and psychologists to determine emotional suffering, including that in future, and its cost. Typically, we include current and future medical expenses, non-economic, education and rehabilitation costs, and loss of income in the compensation claim. We also handle negotiations with insurance providers.
We urge you to take advantage of our free consultation offer with our legal experts. You have nothing to lose.
