The birth of your child can be simultaneously exhilarating and terrifying. You have had nine months to process, do the reading and research, and make all of the appropriate arrangements. When it finally comes time to grab up the emergency to-go bag and drive over to the hospital, medical malpractice is the last thing on your mind.
Unfortunately, traumatic births are common. Approximately every hour, three infants are born with a birth injury. This does not, however, mean you immediately have the right to sue for medical malpractice. Many birth injuries are not the result of the hospital or doctor’s misdoings, and many are also easily treatable. That said, if you or your child were a victim of medical malpractice during birth, you have the right to damages a dedicated personal injury lawyer can help you obtain.
Can You Sue a Hospital for Your Traumatic Birth Experience?
An injury sustained during the birthing process is called a birth injury. If the injury is sustained while still in the womb, it is referred to as a birth defect. Both can be results of medical malpractice, though this is not necessarily the case. Examples where medical malpractice is not applicable include:
- Breech births
- Damages to the pelvic region due to the size of the baby
If the hospital exhibits negligent behavior that results in the injury of either the baby or the mother, a personal injury lawyer can help you sue for compensation. When you enter the hospital prior to delivery, there is an expected standard of care. This defines the level of support and knowledge you are being treated with. Any deviation from this standard can result in lifelong damages. Birth injuries can be quite expensive and lead to extended hospital stays. If you find this to be the case for you and your family, Feller & Wendt is here to stand by you and help you file your claim.
Common Birth Injuries Resulting From Medical Malpractice
Birth injuries can affect either the mother, the infant, or both. Some birth injuries are immediately noticeable while others may take days, weeks, or even years to reveal themselves. In more serious cases, birth injuries can be internal, which is difficult to notice without testing.
Birth injuries to the infant can include:
- Cerebral palsy
- Erb’s palsy
- Facial paralysis
- Oxygen deprivation
- Fractured collarbone
- Spinal cord injuries
Spinal cord injuries are among the most common and severe birth injuries. It is typically caused by using forceps too forcefully. The mother is also at risk for birth injuries, which can include the following:
- Failure to provide a cesarean when needed
- Emotional trauma after witnessing negligent care of the infant
Giving birth is an extremely emotional and vulnerable process, and any parent witnessing the injury of their newly-born child can be emotionally traumatizing.
Speak to a Utah Birth Injury Lawyer Today
If you or your child has been injured during the birthing process, it is within your rights to sue. You likely are eligible for lost wages, assistance with hospital bills, and compensation for physical and emotional traumas. Feller & Wendt will make sure you don’t have to navigate this process alone. Filing a claim and proving negligence can be overwhelming, especially while you and your family attempt healing.
Our team of prestigious attorneys have years of legal experience and will work behind the scenes to gather evidence and prepare your case. Feller & Wendt recognizes deeply the seriousness of birth injuries and the trauma they can inflict, and we will work diligently to get you the best possible outcome. We will even take your case to court if need be, where we have a 95% success rate. For a free consultation, call a compassionate team member today at (801) 499-5060 or use our contact form.