Brain trauma upon delivery is one of the most serious kinds of birth injuries. Though brain injuries can dramatically impact a person's life at any age, experiencing such trauma at birth can impact how a child learns and grows through their lifetime. Brain trauma at birth is incredibly rare and is frequently caused by medical malpractice. Tragically, many of the brain injuries sustained at birth are permanent.
What causes brain injuries during delivery?
There are many different kinds of brain injuries that occur at or just after birth. Physical trauma is one of the most common causes. When a doctor uses a birthing tool like a pair of forceps improperly, serious damage can occur. Any time the doctor twists or pulls on the child during the birthing process, brain damage can occur.
Birth asphyxia is another common cause of brain injuries at birth. This occurs when the umbilical cord wraps around the infant's neck, when the mother is experiencing blood pressure issues, or when the placenta is dislodged and get stuck in the birth canal.
Regardless of the cause, anytime a baby is deprived of oxygen, cellular death occurs. In severe cases, when the oxygen is cut off for several minutes, the infant can suffer permanent brain damage.
What are the symptoms of brain injury at birth?
In most cases, symptoms of brain injury are apparent right after birth. In more rare circumstances, the symptoms can take several years to show up. Most commonly, brain injury symptoms appear in the moments after birth and can include: an abnormally large forehead, an abnormally shaped spine, incessant crying, extreme fussiness , seizures, feeding difficulties, a head that seems smaller than other infants by comparison, and sleeping difficulties
How do I know if my infant's brain injury was caused by negligence?
It isn't enough to show that something went wrong at birth - parents need to prove that their doctor was negligent or deviated from the standard of care. An experienced birth injury attorney can help families determine if and how the doctor failed to provide adequate care. Most often, this is done with the help of an expert medical witness who has experience in the same medical field as the doctor being investigated.
What kind of compensation can I seek for a brain injury at birth?
A child with a brain injury may require lifelong medical treatment and care. Over a lifetime, this can cost hundreds of thousands of dollars, if not more. Many families seeking a birth injury settlement choose to pursue recompense for medical bills, both past and future.
In some cases, a parent may be required to provide full-time care for their injured child and experience a diminished earning potential. That, too, can be factored into the lawsuit.
Non-economic damages, like the pain and suffering of the child, may also be recovered. The emotional toll that the injury takes on the family may also be included in the settlement.
New Mexico Birth Injury Lawyers
If you believe your child’s birth injury was caused by a medical mistake, contact our attorneys to discuss your situation. You do not owe us any legal fees unless we settle or win your case. Set up a free, no obligation, consultation today at 877-544-5323.
Our attorneys are listed in The Best Lawyers in America ®, and have received an AV rating from Martindale-Hubbell law directory, which is the highest distinction given. Many have been recognized by Super Lawyers ®– lawyers “who have attained a high-degree of peer recognition and professional achievement.”
