Layton Birth Injury Lawyer
Any injury or damage to a child or mother before, during or immediately after the labor and birthing process is considered birth injury. Injuries to a newborn or unborn child are among the most difficult tragedies a family will ever endure, yet many of them could be prevented. If your child suffered a birth injury because of another person’s negligence, you may be eligible to file a claim. Contact a knowledgeable Layton birth injury lawyer at Feller & Wendt, LLC for more information.
Common Types of Birth Injuries
In the U.S., 28,000 infants are born with birth injuries every year, which equals three infants per hour. Many of these injuries can have a permanent effect on the infant’s life, causing serious disability and damage. Birth injuries can occur during labor, delivery, or from improper prenatal care.
Some of the most common types of birth injuries include brachial palsy, facial paralysis, brain injuries, fractures, cephalohematoma, and caput succedaneum. Cephalohematoma occurs when there is bleeding beneath one of the cranial bones. Caput succedaneum occurs when intense swelling occurs in the infant’s scalp.
Brachial palsy injuries occur when the baby’s nerves that control his or her arms and hands suffer injury. It can also occur when a baby’s shoulders lodge in the mother’s pelvic bone during delivery.
If an infant’s face has too much pressure on it during delivery, he or she can suffer full or partial facial paralysis. Facial paralysis can happen when a doctor uses devices to get the baby out during delivery.
Brain injuries are serious injuries that can lead to many other issues. It may happen if the infant doesn’t get enough oxygen during the birthing process.
A clavicle fracture is also a common birth injury. It can occur when a doctor pulls the infant too hard to get him or her out or if there is intense pressure on the baby’s shoulder during delivery.
If your baby experienced any of the aforementioned injuries, reach out to a Layton birth injury lawyer as soon as possible to learn about your legal options moving forward.
Difference Between Birth Injury and Birth Defect
It can be difficult to tell whether your baby’s damage happened during labor or is a result of a birth defect. If you have concerns that your baby suffered a birth injury due to medical malpractice or neglect, consider talking with another doctor. While you may not be able to tell, another doctor may have further insight. A Layton personal injury attorney experienced in medical malpractice cases can also offer you some advice.
Birth injuries often occur because a doctor made a mistake during delivery, used improper devices to deliver the baby, or failed to administer proper pre-natal care. Though many times the doctor is responsible for the injury, unrelated and uncontrollable circumstances can also cause a birth injury.
Birth defects involve damage that occurred before delivery and usually happen during the pregnancy. Approximately 7% of babies are born with a birth defect of some kind. They can happen because a mother used harmful drugs during the pregnancy or because of a preexisting hereditary issue in the family.
Proving Liability in Birth Injury Cases
If your child is born with a birth injury, a doctor or medical professional could be liable. The first thing you need to show to prove liability is that the doctor’s actions were not up to the accepted standard of medical care. To prove a failure of meeting the standard of care, your Layton birth injury attorney will most likely consult other medical professionals in the same field. If the other professionals testify that they would have done the process differently, it can prove the doctor did not meet the reasonable standard of care.
You will also need to prove the doctor’s failure caused your baby’s birth defect. Your lawyer will consult experts again, asking them to comment on how a normal pregnancy and delivery usually goes and whether the baby suffered unusual harm during the process.
Compensation for Birth Injuries in Layton, UT
If you win your birth injury case, the court will award you damages. Many courts will set up some form of trust that the infant can access once he or she has grown up. The court might award damages for medical expenses, mental and emotional anguish, and loss of future earning capacity.
In some cases, the court will also award the parents damages. The parents may be able to receive compensation for emotional and mental distress that they experienced because of the birth injury their infant suffered. For a full understanding of your possible compensation, consult a dedicated birth injury lawyer in Layton.
Free Consultation with a Layton Birth Injury Attorney
Birth injuries can be devastating to the entire family. At Feller & Wendt, LLC, it is our goal to give a voice to infants too young to defend themselves against negligence in childbirth. If you believe malpractice or negligence was involved in you or your child’s birth-related injuries, call our office at (801) 499-5060 or contact us online.