Provo Birth Injury Attorney

It’s difficult for most people to comprehend why babies are injured at birth. These situations can be extremely hard to process and leave the parents confused, frightened, and even angry. While they are understandably upset, they need to know what happened. 

You deserve to know the truth about how your child’s injuries occurred and whether or not those injuries were preventable. If medical malpractice or other factors contributed to your child’s injuries, you may be entitled to financial recovery.

The Provo birth injury attorneys of 1Law can examine your case to find out if the injuries could have been prevented and help you pursue compensation.

Birth Injuries That May Have Resulted From Medical Malpractice

When an infant is harmed during birth, it is possible that the healthcare practitioners made mistakes or did not take the appropriate actions to prevent the injury or limit further damage. The common birth injuries that result in medical malpractice cases include:

• Cerebral palsy
• Brain damage
• Facial paralysis
• Nerve damage
• Bone fractures
• Back and spine injuries
• Hydrocephalus
• Hypoxia
• Brachial plexus injuries
• Erb’s palsy
• Hypoxic-ischemic encephalopathy (HIE)
• Shoulder dystocia
• Delayed c-section
• Kernicterus
• Wrongful death
• Asphyxia

While your baby’s injury may have been unpreventable, it’s important to contact a Provo birth injury attorney with experience in birth injury malpractice cases to examine the circumstances surrounding the baby’s birthing situation. You may be entitled to compensation to take care of the costs associated with caring for your child.

How do I Know If My Child Was Injured Due to Medical Malpractice?

In certain cases, your child’s injuries may appear to be accidental, or you may be questioning whether your child has suffered a birth injury at all. It’s not uncommon for the effects of birth injuries to take weeks, months, or even years to appear.

It’s unlikely that anyone involved in your baby’s birth injury will come forward voluntarily. It isn’t in the best interest of their employer or their reputation as a medical provider to admit fault. You will be more likely to discover all the factors involved in your child’s injuries by speaking with an experienced medical malpractice lawyer who is familiar with birth injuries.

How does the Lawyer Determine If I Have a Case?

We have the expertise and resources available to conduct a thorough investigation of evidence, such as:

• Fetal monitoring strips
• Labor and delivery flow sheets 
• The use of forceps or vacuum extractors
• Diagnostic tests 
• Any other information that pertains to your baby’s birthing injury

Medical malpractice cases are a difficult but necessary way to pursue compensation for the often prohibitive costs of caring for a child who has suffered birth injuries. A Provo birth injury lawyer can work with our medical experts to review all the details surrounding your case.

Do Not Settle for the Insurance Company’s Offer

Though you are feeling overwhelmed and exhausted by the events surrounding your child’s injuries, don’t accept any settlement offered by any insurance company. These offers do not account for the costs of long-term medical treatment that your child may require. 

A birth injury attorney will work with medical experts and financial advisors to determine your actual damages and future medical costs. Your attorney will handle all insurance negotiations and take your claim to court if necessary to get you the compensation you will need.

Signing anything, offering recorded statements, or talking to adjusters can damage your case or even prohibit you from pursuing further action when their offer isn’t enough to cover the costs of lifelong care. Speak to your attorney and let them handle the communications. 

Proving a Birth Injury Claim in Utah

There are several aspects involved in proving that medical malpractice resulted in a child’s birth injuries. These cases are complicated and extremely delicate due to the typically high amounts of money at stake. Several insurance companies and other defendants may be involved.

The three main factors in a birth injury claim include:

Establishing a Standard of Care

There is no book of rules that every doctor must follow when practicing medicine. There are good and bad ways to treat patients, and there are varying practices that can be applied successfully during labor and delivery that would be acceptable in the eyes of the medical community. 

Your lawyer’s job is to establish what the typical procedure should look like when performed by a similar professional in similar circumstances. The court needs to understand what any other doctor or medical provider would do in order to have a basis of comparison for your doctor’s actions.

Show Causation

A birth injury lawyer needs to prove that a breach in the established standard of care happened and that it resulted in injury. Your attorney will face opposition at this point due to the nature of injuries in general. 

The defendant’s counsel will use any evidence possible to argue that another factor could have caused the injury. This is the most difficult part of any medical malpractice case, and you will benefit from an attorney with trial experience in birth injury cases to represent you successfully.

Proof of Damages

Your attorney needs to show that financial damage has been created by medical wrongdoing. This is easily evidenced by providing hospital bills, proof of lost wages, or any other evidence that you suffered financially due to the injuries.

To successfully navigate all of Utah’s medical malpractice laws and have strong legal representation, you’ll need an experienced legal team. You can count on the Provo birth injury attorneys at 1Law to aggressively fight for your rights every step of the way.

Talk to a Provo Birth Injury Attorney Today

Pursuing a medical malpractice case and proving your birth injury claim in Utah is a complex process that requires expertise and experience. When you need a law firm you can depend on to provide aggressive representation, the Provo birth injury lawyers of 1Law can be your biggest ally.

While you focus on your baby’s health and well-being, we can take care of every step involved in your case. You can start now by contacting 1Law to schedule a free consultation today.