Infant Brain Damage Lawsuit

Fact Checked

Infant brain damage can occur due to complications related to pregnancy, labor, and delivery. It can lead to lifelong conditions, such as cerebral palsy, learning disabilities, or even physical paralysis. An infant brain damage lawsuit is a way to get justice and compensation for the child.

What Is an Infant Brain Damage Lawsuit?

An infant brain damage lawsuit is a legal action parents can take to seek compensation for their child’s injuries. A lawsuit over medical malpractice can result in a settlement or a jury award that helps cover a child’s costs for treatment and care.

About Infant Brain Damage

Brain damage is either acquired or congenital. Acquired brain damage occurs when one or more factors trigger brain cell death. This is most often caused during childbirth by hypoxic-ischaemic encephalopathy, oxygen deprivation in the brain.[1]

A lack of oxygen causes brain cells to die; the longer it persists, the more severe the damage becomes. Illnesses in the mother can also cause brain damage by internal harm to the brain.

Traumatic brain injuries result from physical, external trauma to the head that impacts the brain. In childbirth, this kind of brain damage is most often caused by the inappropriate use of instruments.

Doctors may use forceps or vacuum extractors to pull the baby from the womb, especially with complications. However, using too much force can physically damage the head and brain.

What Are the Consequences of Infant Brain Damage?

The symptoms and complications of infant brain damage range from mild and temporary to severe and permanent. One of the results of brain damage caused by asphyxiation is cerebral palsy.[2]

Cerebral palsy causes physical impairments, cognitive impairments, and learning disabilities, and may leave a child disabled for life.

Brain damage in an infant can also cause issues like behavioral challenges, developmental delays, and physical impairments that may include partial paralysis.

Does Medical Malpractice Cause Infant Brain Damage?

There may be complications of birth and delivery that are unforeseen, that no doctor would have been able to predict or prevent, and these can cause brain damage. In other cases, though, mistakes made by medical caregivers can be pinpointed as the direct cause of brain damage in a baby.

When infant brain damage is preventable, it may indicate that negligence or malpractice contributed to the injury. These are some examples of situations that could be malpractice:

• A doctor or other medical practitioner could be considered negligent if they make an error in judgment about a Cesarean section versus a vaginal birth. If a Cesarean section could have prevented a complication that led to brain damage, the doctor may be blamed for not making that call.
• The person delivering the baby may also use inappropriate force when using instruments.
• A doctor may misdiagnose or fail to diagnose and treat a condition in the mother that affects the baby, or they may provide some treatment that harms the baby.

These are just a few examples of mistakes medical professionals can make that have long-lasting and devastating consequences for babies and families. While treatments can help, many babies are left with lifelong disabilities.

Why Should I File an Infant Brain Damage Lawsuit?

Many parents struggling to accept that their child has had a brain injury find that a lawsuit is the furthest thing from their minds. It is crucial to think about, though.

An infant brain damage lawsuit serves many purposes. The first and most important reason to file one is that you believe that your child’s injury could and should have been prevented by better medical care.

You trusted your medical team and the hospital or health care system to care for you and your baby during your pregnancy and delivery. If they failed you because of an error, you have a right and a responsibility to seek justice.

Medical professionals who commit malpractice must be brought to justice and prevented from doing it again. Your infant brain damage lawsuit could prevent another baby from being hurt.

How to File an Infant Brain Damage Lawsuit

To file a lawsuit, you need to have the expertise of a lawyer with experience in medical malpractice and birth injury cases. Your lawyer will file the lawsuit, collect evidence, conduct an investigation, make a case, and represent you.

An experienced lawyer will understand all the details of making a case, including statutes of limitations. This is a state-by-state time limit for filing a medical malpractice lawsuit. A lawyer can ensure you don’t miss the deadline.

You and your lawyer will need to prove several things to make a successful case against the party that caused your baby’s brain damage:

• First, you must prove that you entrusted your care to the medical professional in question.
• Also, you have had an existing patient/doctor relationship with the defendant. Further, you’ll need to prove that the defendant indeed made an error.
• You’ll also need to confirm that the mistake directly led to your infant’s brain damage.
• To recover compensation in the lawsuit, you must also show that the brain damage has caused significant damages.

How Much Compensation Can I Get for My Baby’s Brain Damage?

With an infant brain damage lawsuit, you have the opportunity to recover monetary damages to help your child. You can also seek punitive damages designed to punish the responsible parties.

In addition, you can also ask for money that will cover current medical bills and those you expect to have in the future for your injured child. Your compensation may also cover any lost wages.

The amount of compensation your child receives depends on the factors in your case. Most medical malpractice lawsuits end in settlements. Some go to trial, where plaintiffs often get much more compensation.

The risk of going to trial is that you won’t get anything at all. Trials also take longer, while a settlement can provide quick compensation for your child’s care.

Filing an infant brain damage lawsuit may not be the first thing you consider after coming to grips with your child’s injury. However, remember that the sooner you file a lawsuit, the better.

A successful infant brain damage lawsuit forces the defendant to take responsibility for malpractice, and it gives you a chance to get the money that will cover the ongoing costs of caring for your child.