Types of Birth Injury Lawsuits By John Macfarlane on July 01, 2023

child’s photo on justice scalesBirth injuries are conditions sustained by babies before, during, or after delivery. Lawyers at Younker, Hyde, Macfarlane, PLLC, in Salt Lake CityUtah, understand the lasting repercussions that birth injuries can have, including physical, emotional, and financial hardships. 

When birth injuries are the result of neglect or substandard medical care, liable medical providers should be held accountable for related damages. A birth injury lawsuit allows birth injury victims to pursue appropriate compensation for losses. Here we discuss the most common types of birth injuries and the types of birth injury lawsuits that can be filed by injury victims.

Types of Birth Injuries

Labor and delivery are difficult for both the mother and child. Although the experience can have significant physical effects, none should be atypical or long-lasting, provided medical professionals provide appropriate care. Unfortunately, substandard care and negligent medical practices can result in birth injuries that may have life-changing consequences. Some of the most common types of birth injuries include:

  • Brachial plexus injury
  • Shoulder dystocia
  • Cerebral palsy
  • Bone fractures
  • Spinal cord injuries
  • Hemorrhage
  • Paralysis
  • Hypoxic Ischemic Encephalopathy (HIE)

When Can a Birth Injury Lawsuit Be Filed?

A birth injury lawsuit can be filed if the injury is the result of neglect. To demonstrate neglect in a birth injury lawsuit, the plaintiff must show that medical treatment fell short of the accepted standard of care. In other words, another similarly trained medical professional presented with the same set of circumstances would not have made the same mistake.

In addition to showing that neglect contributed to a birth injury, filing plaintiffs must demonstrate they suffered losses as a result of the injury. Losses may be economic or non-economic and may include medical expenses, the cost of ongoing therapy and rehabilitation, lost wages or diminished wage-earning capacity, and pain and suffering.

Types of Birth Injury Lawsuits

Two types of lawsuits can be filed after a birth injury: medical malpractice or wrongful death. The type of lawsuit appropriate for each situation depends on the circumstances of the case.

Medical Malpractice Lawsuit

A medical malpractice case is filed when a medical professional’s negligence or errors cause a birth injury. Actionable mistakes during labor and delivery that can be grounds for a medical malpractice lawsuit include:

  • Failure to monitor the patient
  • Failure to respond to signs of fetal distress
  • Failure to address birth complications, such as a twisted umbilical cord 
  • Misuse of forceps or vacuum extractor
  • Failure to order, or delay in ordering an emergency cesarean section

Wrongful Death Lawsuit

A wrongful death lawsuit is similar to a medical malpractice claim. The difference is a wrongful death lawsuit is filed when medical neglect results in a baby being stillborn or when birth injuries lead to death. Surviving parents can file a wrongful death claim to pursue compensation for losses such as medical expenses, funeral and burial expenses, and pain and suffering.

Schedule a Consultation

No one deserves to suffer the emotional, physical, and financial stresses of a birth injury. If your child suffered a birth injury related to medical neglect, you probably have grounds to file a birth injury lawsuit. To discuss the details of your case with attorneys at Younker, Hyde, Macfarlane, PLLC, in Salt Lake City, send us a message online and request a free consultation.

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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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