Infant Brain Damage Claim for Compensation

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An infant brain damage claim for compensation is a way to seek justice and compensation from the responsible party. Medical mistakes during or after pregnancy and childbirth can cause serious harm to a newborn and the mother. These medical mistakes can lead to many consequences, including brain damage.

What Is an Infant Brain Damage Claim for Compensation?

An infant brain damage claim for compensation is a lawsuit filed on behalf of a baby or child who suffered brain damage either during or after labor and delivery. The claim is usually made when a parent or other caregiver suspects or knows that the brain damage resulted from medical malpractice.

A claim that results in a settlement provides the plaintiff with money to cover medical bills, lost wages, future costs of care, and, in some instances, punitive damages.

How Does Infant Brain Damage Happen?

There are several potential causes of infant brain damage, but the most common cause is loss of oxygen to the brain during childbirth.

A baby becomes asphyxiated when the oxygen supply is cut off to the brain. Without oxygen, cells in the brain begin to die, and the longer this goes on, the worse the damage will be.

Asphyxiation can occur when there are complications during birth involving the umbilical cord or placenta, or when the mother has an illness or infection that reduces the amount of oxygen getting to the baby.

Brain damage can occur in other ways:[1]

• Infections in the mother
• Physical trauma during childbirth
• Misuse of birthing instruments
• Untreated jaundice

How Do I Know if Medical Malpractice Caused My Baby’s Brain Damage?

There are instances in which brain damage occurs because of something that could not have been detected or prevented despite modern medicine.

However, there are also cases of infant brain damage that could have been prevented, and that only occurred because of a medical error.

For instance, if a doctor failed to screen the mother for infections or illnesses, and an untreated condition led to her baby’s brain damage.

Other mistakes may include inappropriate use of forceps and other birthing instruments, failure to perform a Cesarean section when there are complications, or failure to diagnose and treat a condition in the newborn that leads to brain damage.

How to Make an Infant Brain Damage Claim for Compensation

If you suspect that medical malpractice was involved in your baby’s brain damage, you can make an infant brain damage claim for compensation.

Doing so can bring justice to the guilty party and provide you and your family with the money you need to make sure your baby gets the care she needs, now and in the future.

To make such a compensation claim, you have to rely on the expertise of a lawyer who has worked with medical malpractice cases. You may even want to find a lawyer who has worked on birth injury cases.

A reliable attorney will decide if your case is strong and investigate the incident. The lawyer will then collect the evidence necessary.

Examples of Money Won in Brain Damage Compensation Claims

There are many examples from across the country of parents who won an infant brain damage claim for compensation and ended up with significant monetary damages for their children.

$17 Million for Disabled Girl with Brain Damage

In Omaha, Nebraska, in 2015, a young girl was awarded a significant amount following medical malpractice. The mother made a claim, filed the lawsuit, and received $17 million.[2]

After hours of painful labor at a midwife facility, the mother was transferred to Bellevue Medical Center, where no doctors examined her before administering a drug that sped up contractions. The baby was positioned abnormally and became stuck in the womb.

The result of this malpractice was that the baby was deprived of oxygen. Her brain was compressed in the birth canal, causing severe brain damage.

The young girl, two at the time of the settlement agreement, cannot talk or walk and has vision problems. Her mother’s claim for compensation will help cover the costs of her lifelong car

$7.5 Million for Brain Damage Caused by Uterine Rupture

In 2013, a woman was awarded $7.5 million in Los Angeles for her brain-damaged baby. The mother filed the claim on behalf of her son when he was a 1-year-old.

When her son was born, the plaintiff was homeless and was admitted to the Los Angeles County-USC Medical Center for pain and bleeding.[3]

She was kept in the hospital for 14 hours before being discharged and sent back to the homeless shelter. An obstetrician never saw her.

Hours later, she suffered a ruptured uterus and gave birth to her son. He was born with severe brain damage and struggled to eat and breathe. The money the mother won for him will help care for him for the rest of his life.

What to Do if Your Baby Was Born with Brain Damage

If your child suffered brain damage during or after being delivered in a medical facility, you could have a basis for making an infant brain damage claim for compensation.

If you believe that your doctor or other caregiver made an error that directly led to the brain damage, you owe it to your child to take this case to a lawyer and seek the justice and compensation you deserve.

Talk to an experienced birth injury lawyer. They can investigate your situation, determine if you have a case, and help you make a claim to get a settlement for your child’s future.