You rely on your medical team to protect your baby during pregnancy and when they are born. A birth injury can create a wide range of challenges, ranging from short-term suffering and increased medical expenses to chronic conditions and lifelong limitations.
When an injury happens because a doctor, medical facility, or other medical provider was negligent, you may be entitled to compensation. While lawyers and courtrooms may be the furthest thing from your mind as you care for your injured baby, holding those providers accountable can provide the resources you need to provide your child with the best care possible.
Talk to a Birth Injury Lawyer in Salt Lake City
The time after a birth injury can be stressful and chaotic. You have a lot to manage, emotionally and practically. The right Salt Lake City injury lawyer can take most of the work and stress of pursuing compensation off your plate. It’s easy to make small mistakes that can hurt your claim, and you cannot rely on insurance companies for accurate information. So, it’s best to talk to a local birth injury lawyer as soon as possible.
AVS Law Group is Here for You
Your birth injury case may be long and complicated. It’s important to choose the right birth injury lawyer. At AVS Law Group, our attorneys have extensive litigation experience and have handled thousands of injury cases.
Just as important, we’re fully committed to getting the right result for you. That means we’ll never settle a case unless that’s the best option for you. We have the skills, the knowledge, and the will to take your case to trial if we believe it’s in your best interest. When insurance companies know your law firm is prepared to fight for you, they’re often more willing to offer fair settlements.
We know how important it is for you to have reliable information as early in the process as possible. So, we offer free consultations for Salt Lake City birth injury cases and other medical malpractice cases. You can schedule yours right now by calling 801-876-7771 or filling out our contact form.
How Can I Pursue Compensation for a Birth Injury?
Any type of injury litigation can be complex. That’s especially true in medical malpractice cases, including birth injury cases. Here are a few ways these cases are different from other injury claims:
- The claimant must provide notice to the potential defendants in a birth injury suit or other medical malpractice case at least 90 days before filing
- A pre-litigation review panel is required to assess whether the standard of care has been violated (though a negative finding doesn’t necessarily mean you can’t file a lawsuit)
- One or more expert witnesses will be required to establish that the doctor or medical facility did not live up to the accepted standard of care in the profession
Establishing Negligence in a Birth Injury Case
A doctor, hospital, or other medical provider may be held liable for a birth injury if the injury was wholly or partially caused by the provider’s negligence. In a medical case, negligence means to fail to live up to the accepted standard of care in the circumstances. Some common examples of negligence in Salt Lake City birth injury cases include:
- Failure to recognize complications or risk factors during pregnancy or delivery
- Delay in interventions, such as delivery by C-section
- Negligent or unwarranted use of tools, such as forceps or vacuums
- Failure to perform a C-section when indicated
- Errors during delivery, such as pulling too hard when delivering the baby
Note that some of these errors may occur weeks or months before the birth, such as failing to run tests during the pregnancy that could have predicted and informed procedures during the birth. This may include routine testing, or may occur because the mother expressed concerns or reported symptoms to her doctor, and the doctor failed to act on them.
What Types of Damages are Available in a Salt Lake City Birth Injury Case?
There are three types of damages that may be available in a birth injury case:
- Economic damages, including medical bills, equipment, and support required due to the injury, and other costs caused by the injury and resulting medical condition
- Under Utah law, non-economic damages, which are limited to compensation for pain, suffering, and inconvenience, are capped at $450,000
- Punitive damages, which are available only when the defendant’s actions were “willful and malicious or intentionally fraudulent conduct, or conduct that manifests a knowing and reckless indifference toward, and a disregard of, the rights of others.”
In 2026, there is legislation pending that could change the damages available in a birth injury case. If passed, the new law would prevent a victim of medical malpractice from pursuing compensation directly from the medical provider if the provider had at least $1 million in insurance coverage, and would apply stricter standards to qualify for punitive damages.
Common Types of Birth Injuries
Sometimes, a baby is born with a medical condition that is not the result of malpractice. Some common examples include Down Syndrome, spina bifida, gastroschisis, hearing loss, and congenital heart defects. These conditions can be caused by a variety of factors, including the mother’s health, genetic mutations, environmental exposures, certain infections during the pregnancy, and drug and alcohol use. These conditions are typically not caused by medical malpractice and will not be considered compensable birth injuries unless the medical providers’ actions or failure to act made them worse.
Common birth injuries that may be caused by malpractice include:
- Brain damage or bleeding in the brain
- Erb’s palsy (brachial plexus)
- Shoulder dystocia
- Broken bones
- Spinal cord injuries
- Facial paralysis
- Cerebral palsy
These injuries and others vary in severity. Some may be treatable or resolve over time, while others are permanent. Learn more about birth injuries HERE.
It can be difficult to know whether your baby’s injury or medical condition was a result of malpractice, and your medical providers won’t necessarily tell you if something went wrong. The best way to find out whether you may have a claim is to talk to an experienced Salt Lake City birth injury lawyer right away.
Beware of Quick Birth Injury Lawyer Settlement Offers
When a hospital or other medical provider knows they’ve made a serious mistake, you may receive a quick offer of settlement from their insurance company. They don’t make quick offers to help you out, or because they want to make things right. The goal of making an offer right away is to try to get you to sign away your rights before you fully understand the long-term impact of your child’s injury and the cost of care over time.
No matter how kind and compassionate they may sound, they are not on your baby’s side. Their job is to increase the insurance company’s profits by paying you as little as possible. When you hire a Salt Lake City injury lawyer at AVS Law Group, that lawyer is fully committed to securing the best possible outcome for your family.
To learn more about your rights and options after a birth injury, call us at 801-876-7771 or fill out our contact form. The best time to consult a birth injury lawyer is before you speak with the insurance carrier.
