Learning that your infant has experienced brain damage during birth can be a heartbreaking event. If your newborn suffers a severe, lifelong injury at the hands of a healthcare provider, it’s essential to speak with a brain injury attorney about your options for recovering compensation.

When an infant experiences a brain injury at birth, it’s often a form of medical malpractice. This happens in a variety of ways, but certain medical errors are particularly common. Your lawyer can prove medical negligence depending on which of these common medical errors were the cause of your child’s brain damage.

Failure to Monitor Fetal Distress

The labor and delivery team is obligated to monitor an infant for signs of fetal distress by tracking the infant's heart rate. Lack of oxygen and other issues can cause the infant’s heart rate to drop or increase, indicating a serious problem. If the team fails to conduct fetal heart rate monitoring, they can be held responsible for medical negligence.

Alternatively, the team may have fetal monitoring in place but fail to keep a close enough eye on the readings. They may also see signs of fetal distress but take an improper course of action, such as allowing the mother to continue labor instead of recommending an emergency C-section.

Improper Use of Delivery Tools

Delivery tools such as forceps are often used to help assist in a delivery, commonly employed when an infant has trouble exiting the birth canal — but they can also cause serious damage to an infant if they aren’t used correctly.

Forceps injuries are common during birth. Forceps are tong-like instruments that are placed around the infant’s head, allowing the doctor to help pull the baby out. If too much force is applied or the forceps are situated incorrectly, the infant may suffer a skull fracture and subsequent brain damage.

Delaying or Performing Unnecessary C-Sections

In case of complicated labor or fetal distress, a C-section can save the lives of both the infant and the mother. But delaying a necessary C-section can result in death or serious injuries, such as brain damage.

At the same time, a C-section is a major surgery that brings inherent risks. When medical staff performs a C-section unnecessarily and the infant suffers a brain injury during the surgery, the staff can be held guilty of medical negligence for recommending a risky procedure unnecessarily.

Inadequate Oxygen

Infant brain damage at birth can be caused by physical injury, but most of the time, it occurs when the infant is deprived of oxygen during birth. This can happen for a number of reasons, such as the umbilical cord becoming wrapped around the baby’s neck.

Medical staff are expected to monitor for signs of fetal distress and check the mother for complications. When the labor and delivery team’s decisions lead to brain damage due to oxygen deprivation, it’s often an instance of medical malpractice.

Taking Legal Action After Brain Damage During Birth

When medical error is the cause of an infant’s brain damage, you can often recover compensation through a medical malpractice claim. This entails first attending a consultation with an attorney and learning whether you have grounds for a claim.

Your brain injury lawyer will collect evidence about your case, submit a claim, and attempt to negotiate a settlement with the insurer of the responsible medical professional or facility.

If the insurance provider fails to offer a fair settlement, your attorney will likely recommend filing a medical malpractice lawsuit and taking the case to court. While this is a lengthier and more difficult legal process, it’s often necessary to ensure your family recovers the compensation necessary for the lifelong care of your child.

FAQ

Is Brain Damage During Birth Always Caused by Medical Error?

Brain damage at birth can occur for different reasons. It might be linked to issues with fetal development related to genetics or toxic exposure.

However, medical errors are a leading cause of brain damage at birth. If your infant is diagnosed with brain damage, consult a skilled medical malpractice attorney to determine whether medical malpractice occurred.

Will I Need to File a Brain Injury Lawsuit to Recover Compensation?

You’ll need to speak with a brain injury lawyer to learn more about what recovering compensation entails. In some cases, it’s possible to negotiate a settlement without needing to file a medical malpractice lawsuit. In other cases, filing a lawsuit is the best way to recover fair compensation for your child’s brain injury.

How Much Can My Family Recover in a Brain Injury at Birth Case?

When a child suffers a brain injury at birth, the lifelong costs of care can be exorbitant, requiring parents to pay for attendant care, medical procedures, therapy, and medical devices. Parents must also arrange care for their child into adulthood and old age.

To cover these costs, a skilled lawyer can often get compensation of seven or eight figures for brain damage at birth.

How Do I Choose the Right Attorney for a Brain Injury During Birth Case?

Medical malpractice cases involving brain damage at birth are highly complex and require both legal and medical knowledge. As such, it’s important to choose an attorney with a demonstrated track record of successfully recovering fair compensation in similar cases. Looking at a firm’s results page can help guide you to choose the right lawyer.

Call Our Brain Injury Attorneys Today

Ratzan Weissman & Boldt is a Miami-based personal injury firm. Our skilled lawyers are known for the impressive case results we obtain in medical malpractice and catastrophic injury cases. We accept only a small number of cases each year, which allows us to dedicate our resources to obtaining the best results for our clients.

Contact Ratzan Weissman & Boldt today to answer any remaining questions and discuss how we can help you recover compensation for a brain injury during birth.