Infant Brain Damage Claim for Compensation
This article has been fact checked by an experienced birth injury attorney. Sources of information for the article are listed at the bottom.
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When a doctor or other trusted medical professionals make a mistake during or after pregnancy and childbirth, a vulnerable infant can suffer. These medical mistakes can lead to all kinds of consequences, including brain damage. A baby born with brain damage may have cerebral palsy, cognitive impairments, learning disabilities, or may even be paralyzed.
An infant brain damage claim for compensation is a way that parents can seek justice and money to care for their injured child. The costs of caring for a brain damaged baby, possibly indefinitely, are huge. To make a claim for compensation is to demand justice and help caring for an innocent child harmed by a major medical error.
What is an Infant Brain Damage Claim for Compensation?
An infant brain damage claim for compensation is a lawsuit that is filed on behalf of a baby or child that 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 was the result of medical malpractice. A claim that results in a settlement provides the plaintiff with money to cover medical bills, lost wages, future costs of care, pain and suffering, emotional pain, and punitive damages.
How Does Infant Brain Damage Happen?
Brain damage in an infant may happen in a variety of ways, but the most common cause is asphyxiation during childbirth. A baby becomes asphyxiated when the supply of oxygen is cut off from the brain. Without oxygen, cells in the brain begin to die and the longer this goes on the worse the damage will be. Asphyxiation may 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 too, including certain infections in the mother that impact the brain of the baby. Physical trauma during childbirth can also cause brain damage, such as when forceps are used to forcefully on the baby’s head. A baby’s illness after birth may also cause brain damage if left untreated. This can happen with jaundice.
How Do I know if my Infant’s Brain Damage was Malpractice?
There are instances in which brain damage occurs because of something that could not have been detected or prevented, in spite of 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.
Making 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 can 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 claim for compensation 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 that has worked on birth injury cases. This lawyer will be able to decide if your case is strong and can then investigate the incident and collect the evidence necessary to make that case in a settlement agreement or in court if it goes to a trial and is heard before a jury.
Examples of Money Won in Claims for Compensation
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. 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 one year old. At the time her son was born, she was homeless and was admitted to the Los Angeles County-USC Medical Center for pain and bleeding.
She was kept in the hospital for 14 hours before being discharged and sent back to the homeless shelter. She was never seen by an obstetrician and just hours later suffered a ruptured uterus and gave birth to her son. He was born with severe brain damage and struggles just to eat and breathe. The money the mother won for him will help care for him for the rest of his life.
In Omaha, Nebraska, in 2015, a young girl was awarded the largest settlement medical malpractice ever. On behalf of her daughter, the mother made the claim, filed the lawsuit, and was awarded $17 million. After hours of difficult 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, its brain was compressed in the birth canal, and she now has severe brain damage. They young girl, two at the time of the settlement agreement, cannot talk or walk and has vision problems. The claim for compensation that her mother made will help cover the costs of her lifelong care.
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 to seek the justice and compensation you deserve.