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Birth Injury Claims and Medical Malpractice

Birth Injury Claims and Medical Malpractice

Having a baby is one of the most rewarding experiences of human life. After nine months of growth and care, a new life is brought into the world. Normally this experience is one of blessed joy; however, what happens when something goes wrong?

Birth injuries due to negligence are some of the most common drivers of medical malpractice lawsuits. If something happens to you or your unborn baby as a result of your doctor’s negligence, your doctor could be held liable for injuries or even wrongful death. If you suspect a birth injury could have otherwise been avoided, contact your local personal injury lawyer to see if you are eligible for compensation.

Birth injuries can affect either the mother or the unborn or newborn child. Common birth injuries include cerebral palsy, cranial and spinal cord injuries, fractures and bone injuries, infant brain damage, cephalohematoma and Erb’s Palsy. These injuries, while not uncommon in Provo or elsewhere, can typically be avoided through proper medical supervision. For example, cephalohematoma can be avoided by following proper vacuum extraction procedure. Bone fractures and physical deformities can also be prevented by avoiding excessive use of force during delivery.

In the case of many birth injuries, a doctor’s actions — or lack thereof — can be found directly responsible for you or your child’s injuries. For instance, in the case of infant wrongful death due to umbilical cord strangulation, the medical staff could have executed an emergency C-section in order to save the baby. In the eyes of a lawyer, failure to do so may result in liability for the child’s wrongful death.

In addition to being physically and emotionally draining, fetal injury and wrongful death cases are often difficult to prosecute. If you suspect that an injury sustained during childbirth could have reasonably been avoided, contact a local medical malpractice lawyer and discuss the best course of action for your situation.


Truthfully, childbirth is one of life’s most beautiful, rewarding experiences. Whether you’re new to parenthood in Utah or are more than familiar with child rearing in other American states, welcoming a new child into the world is simply an unforgettable happening.

However, not all childbirths occur without their own respective flaws. Because I’m an injury lawyer, I’ve seen far too many hopeful adults, what should be a routine infant delivery turns into a series of heart-wrenching, emotional events, occasionally resulting in wrongful deaths. In fact, according to recent, in-depth research, there very well might be a strong link between attention deficits and birth injuries.

According to medical researcher Viola M. Frymann, at least 80 percent of children who battle ADD, ADHD or even Autism, underwent some sort of birth injury during the delivery process. She says: “The most common injuries occurred during the labor and delivery period, a time in which the nervous system can be severely damaged, leading to cognitive and psychological problems.”

Typical birth-related injuries include, yet aren’t limited to forceps and vacuum extraction complications, erroneous epidural administrations and complex umbilical cord issues. With wrongful deaths and incidents of medical malpractice abounding here in Utah and elsewhere, it’s important to pay attention and stand up for those who can’t formally defend themselves: infants.

Free Initial Consultation with an Injury Lawyer

If you need a personal injury lawyer in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506