Brain Damage Due to Birth Injury: What You Should Know?
Published: Oct 23, 2024 in Birth Injury
All it takes is a momentary mistake to change the course of your child’s life. A newborn’s brain is extremely delicate and fragile, and it is very susceptible to sustaining permanent injuries. Your child will likely never recover from a brain injury that they suffered during birth. They will probably need care for the rest of their life. Even if their injuries are milder, there will still be a significant impact on their quality of life. If your child has suffered a birth injury, they may be entitled to substantial financial compensation. First, your family needs to file a medical malpractice lawsuit against the responsible doctor.
What Are Causes of Birth Injury Brain Damage?
Some causes of brain damage due to birth injuries include:
- Trauma to head
- Cut-off of oxygen to the brain
- Ruptured uterus that deprives the child of nutrients
- High maternal blood pressure during pregnancy and birth
- Maternal infections during pregnancy
The medical professional should be aware of any high-risk factors and act accordingly. They may need to conduct a cesarean section surgery to deliver the baby and keep the mother from having to go through a difficult labor.
Types of Brain Injuries from Medical Negligence
Children may suffer the following brain injuries during labor and delivery:
- Brain hematoma
- Cerebral palsy
- Prenatal stroke
- Hypoxic ischemic encephalopathy
How Can I Prove a Birth Injury Case?
Birth injuries fall under the umbrella of medical malpractice lawsuits. You would need to file a lawsuit against the doctor who was responsible for your child’s injury and their employer. The applicable legal standard in any medical malpractice case is that you can prove that the doctor was negligent. Here, the doctor must have violated the duty of care they owed to your child by doing something considered unreasonable under the circumstances.
Your birth injury lawyer would work with expert witnesses to reconstruct the medical care that was given to your child and show that it fell short of the standard. In addition, your birth injury attorney may question the doctor in a deposition to help build your case while also obtaining evidence and information that is in the defendant’s hands during the discovery phase of any trial.
Compensation for Brain Damage Due to Birth Injuries
Brain damage from birth injuries can result in a considerable amount of compensation. Your child may have reduced function for the rest of their life, and there may be extensive costs of care. The calculation of damages must be precise because your child must be provided for their entire lifetime.
Compensation for brain damage can include:
- Medical care
- Lost wages
- Adaptive medical equipment
- Special education
- Caregiving for help with daily activities
- Pain and suffering
How Can a Birth Injury Lawyer Help Me?
Medical malpractice cases can be difficult to win. These cases are drawn out, and complex lawsuits rely heavily on scientific facts and evidence. You would need to overcome a natural tendency of the jury to trust doctors as experts. Your birth injury lawyer would build your case that would take a jury back into the labor and delivery room or doctor’s office, so they could understand exactly what happened.
Medical malpractice cases can be difficult to win. These cases are drawn out, and complex lawsuits rely heavily on scientific facts and evidence. You would need to overcome a natural tendency of the jury to trust doctors as experts. Your birth injury lawyer would build your case that would take a jury back into the labor and delivery room or doctor’s office, so they could understand exactly what happened.