A Birth Injury Can Have Lifelong  Consequences for Victims and Families

If your son or daughter has been permanently injured due to a birthing complication, we want to help. We empathize with your pain and suffering, and would be honored to work on your behalf to protect your legal rights and ensure that the parties liable for your child's injuries are held accountable. When we seek medical care, we expect that we will be attended to by professionals who adhere to the highest standard of care. Unfortunately, some medical professionals fail to abide by a reasonable standard and as a result cause needless injury and suffering.

A birth injury lawyer at our Utah firm can provide you with sound legal counsel should your child have suffered a birth injury, so that you can make informed decisions regarding a course of action. To arrange a consultation with our personal injury attorneys, please feel free to contact Younker Hyde Macfarlane online or call us today at (801) 335-6467.

We Frequently Represent Birth Injury Victims

Birth injury cases often result in tragic results for a baby and his or her mother. Clients can file a claim for birth injury often up until the child is 20 years of age, because the statute of limitations does not begin until age 18 in most cases.

Common Types of Birth Injuries

The birthing process is not without risk. However, the risk factor can be made greater if a doctor, nurse, or midwife is unqualified, inexperienced, negligent, or woefully reckless. A number of severe and permanent birth injuries can occur.

delivering a baby
Negligence during delivery can have devastating lifelong consequences.

Erb's Palsy

Erb's Palsy is a preventable condition occurs when the doctor or midwife acts carelessly during labor and uses too much force to deliver the baby. This excessive force causes nerve damage, which can result in:

  • Withered limbs
  • Shortened limbs
  • Permanent loss of use of the affected limb.

The impact of such an injury lasts a lifetime and can cause severe physical, emotional, and financial hardship.

Shoulder Dystocia 

If the baby's shoulders are unable to pass through the birth canal, it can result in shoulder dystocia. A doctor should be able to anticipate whether or not a baby will be able to pass through the birth canal through ultrasound imaging and medical examinations of the mother. If he or she feels there is any risk due to the size of the fetus or birth canal, it may indicate the need for a Caesarian section birth. Shoulder dystocia can cause severe brain injury and even death, due to a lack of oxygen stemming from umbilical cord compression. For this reason, medical professionals must take every measure possible to ensure this does not occur.

To accurately gauge your financial needs, we will consult with economists so that damages are appropriate and sufficient.

Cerebral Palsy 

A common type of birth injury, the onset of cerebral palsy during birth results from inadequate oxygen supply to the brain (cerebral palsy can also occur prior to and after the birthing process), which damages the motor control centers. The results of cerebral palsy include:

  • Abnormal muscle development
  • Permanent loss of muscle control and coordination 
  • Involuntary movements
  • Loss of reflexes

The physical and emotional impact of cerebral palsy is life changing.

A number of other birth injuries can occur in addition to those outlined above, both to the child and the mother. These include uterine rupture and placental tear, which can harm mother and child, as well as umbilical strangulation.

Damages Include Short- and Long-Term Care 

Often, a birth injury results in the victim requiring a lifetime of care and extensive medical needs. This can place a severe financial and emotional burden on the parents. Though no amount of financial compensation is sufficient to undo the damage that has been done, it can help ease or eliminate financial hardship and provide the resources you need to care for your son or daughter for a lifetime.

In birth injury cases, the attorneys at our Salt Lake City firm will aggressively seek compensation for:

  • Medical costs
  • Lifetime care costs
  • Loss of income stemming from inhibited earning capacity
  • Emotional and physical pain and suffering

To accurately gauge your financial needs, we will consult with economists so that damages are appropriate and sufficient.

The Importance of Establishing Liability

Determining if a standard of care has been violated or whether or not a doctor, nurse, or midwife was unqualified to fulfill a duty can be difficult, as it is dependent on the testimony of medical peers. At Younker Hyde Macfarlane, we:

  • Are uniquely qualified to establish liability in such cases as we work with a national network of medical experts
  • Routinely consult with doctors who have authored textbooks and teach in renowned medical centers
  • Establish if a party has acted negligently or not.

The importance of this step cannot be overstated: without establishing liability beyond doubt, there can be no successful resolution to your case.

Pursue Justice Today

If your son or daughter has suffered a birth injury, you likely have many questions. During a consultation at our Salt Lake City office, our team of birth injury lawyers can provide you with the counsel you need to make informed decisions. Protect your legal rights - take action today and contact our team online using the form below or call us at (801) 335-6467.

Younker Hyde Macfarlane, PLLC

Younker Hyde Macfarlane, PLLC

At Younker Hyde Macfarlane, PLLC, our attorneys have decades of combined experience in complex cases. We represent clients in all types of personal injury cases, with a special focus on medical malpractice claims. Our firm is associated with the following professional organizations:

  • Utah Bar Association
  • American Bar Association
  • Salt Lake County Bar Association
  • American Trial Lawyers Association

To schedule an appointment, please contact us online or call (801) 335-6467.

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"They were extremely knowledgeable, extremely helpful experts. The team helped me with all aspects of my case, including medical and financial, and understood that it affected more than me but also my family."

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