Infant Brain Damage Lawyer

Fact Checked

An infant brain damage lawyer is a legal expert who specializes in medical malpractice involving infant brain damage and negligence. Brain damage in an infant or newborn can range from mild to severe and has the potential to cause lasting side effects and disabilities.

Causes of Infant Brain Damage

There are several potential causes of brain damage in an infant.[1] If the cause of your child’s brain damage was negligence on the part of the caregiver to whom you entrusted your baby’s well-being, you might have a strong legal case for recovering damages.

A common cause of brain damage is the deprivation of oxygen or asphyxia. The longer the baby’s brain is cut off from or restricted from oxygen flow, the worse the brain damage may be. In extreme cases, infant brain damage can lead to death.[2]

Asphyxiation can be caused by birth complications related to the umbilical cord or placenta, but lack of oxygen can also be related to the mother’s health. If she has low blood pressure or certain illnesses, it can restrict the flow of blood or oxygen to the baby.

Other common causes include:

Physical Trauma

Brain damage may also be caused by physical trauma and injury caused during childbirth. A doctor may use forceps or a vacuum extractor, for example. These instruments can help aid delivery, but they can also damage the skull and the brain under it.

Preeclampsia

Other causes may be preeclampsia, a potentially dangerous condition in the mother, and untreated jaundice in the baby after it is born.

Maternal Infections

If your doctor doesn’t diagnose or treat infections during pregnancy, they could lead to brain damage in your baby.

Prolonged Labor and Other Complications

Whenever labor is complicated and goes on for too long, the risk of the baby being harmed increases. If a doctor does nothing to speed delivery or order a C-section, the baby may suffer brain damage.

Negligence and Infant Brain Damage

Negligence may play a role in an infant’s brain damage because of a mistake made by a doctor, a nurse, a midwife, or anyone involved in the medical care of the mother and child.

If there are complications during delivery that cause brain damage, and the doctor should have performed a Cesarean section, they could be responsible for the harm caused to the baby.

If the doctor does not screen the mother for illnesses and infection that causes her baby to develop brain damage, that doctor could be considered negligent.

Any action or inaction that leads to infant brain damage could be considered negligent.

When You Need an Infant Brain Damage Lawyer

You may need an infant brain damage lawyer when you suspect that your baby’s injury resulted from negligence or malpractice, and the resulting damage is going to create lasting consequences.

In some cases, brain damage is mild, and a baby will completely recover after being born.

The damage is more permanent in other cases and could cause cerebral palsy, paralysis, learning disabilities, and developmental delays. If this is the case with your baby, you may want to consult with a lawyer to determine your legal options.

The Costs of Infant Brain Damage

An important reason to seek the assistance of an infant brain damage lawyer is to file a lawsuit that will provide you and your child with compensation. This is important because the costs of brain damage in a baby can be high, especially when the injury causes lifelong complications.

Initially, there are likely to be a lot of medical expenses, from diagnostic screenings to surgery and hospital care. There are also expected to be ongoing medical costs for therapy, rehabilitation, and medications.[3]

If your child’s brain damage leads to developmental delays, cognitive impairments, and behavioral or learning challenges, you could be facing years of costs associated with other types of therapies and rehabilitation.

Your child may need specialized educational programs, occupational therapy, behavioral therapy, speech therapy, and more.

If the brain damage is severe and your child will never be fully independent, you could be facing the costs of caring for your child for the rest of their life.

Seeking Justice for Your Baby and Protecting Others

If your child was negligently injured, the responsible person or institution should be brought to justice. They should recognize and admit to the mistake that caused such a significant tragedy.

In addition to getting justice, your actions with the help of a lawyer could even protect other babies.

When doctors and hospitals are found guilty of malpractice, it forces them to face accountability, potentially protecting babies born in the future.

How an Infant Brain Damage Lawyer Can Help

You may recognize that your child’s brain damage is life-changing, that it will be expensive, and that your doctor or medical team failed you and caused this harm. What you may not know is what to do next. This is where an infant brain damage lawyer can help.

This professional should be an expert in malpractice law and will be able to guide you through the process of starting a lawsuit and asking for compensation.

A lawyer will understand the statute of limitations, how to investigate the incident, what kind of evidence you need to make your case, and will represent you better than you can yourself.

How to Find a Good Lawyer

You shouldn’t rely on a general practice attorney when looking for a lawyer to help you with your infant brain damage case. You need a medical malpractice legal expert. Look for a lawyer who specializes in birth injury cases and has a proven track record.

Ask for references from previous clients. A reputable lawyer will not mind answering questions or offering references.

Working with an infant brain damage lawyer could mean getting the compensation you need to care for your child’s medical bills and obtaining justice from the negligent party.