Infant Skull Fracture Settlement

Fact Checked

An infant skull fracture settlement is the monetary award for a baby wrongfully injured during or shortly after childbirth. A lawyer experienced in birth injury medical malpractice is a valuable ally. They can ensure parents and children have the best chance of getting compensation to help pay for the care an injured child needs.

What Is an Infant Skull Fracture Settlement?

An infant skull fracture settlement is a legal monetary award designed to compensate a child for the damage caused by this kind of birth injury.

These cases will often be settled before trial because it is quicker and less expensive for the hospital or insurer to settle out of court.

However, if they decide to fight the medical malpractice claim, they will take the case before a jury and trial.

About Infant Skull Fractures

Childbirth is complicated and fraught with risks and dangers, even with numerous advances in modern medicine. Many things can go wrong with the mother and the child, including an infant skull fracture.

• The infant skull is soft, flexible, and vulnerable to damage. More importantly, the brain beneath the skull is susceptible.
• An injury that causes a skull fracture can cause mild to severe damage to the brain. Immediate concerns are hematomas and hemorrhages that can put dangerous pressure on the brain and may need surgery or other interventions.[1]
• Over the long term, a skull fracture may cause other complications. One of the most common results of brain damage during childbirth is cerebral palsy.
• A child born with a skull fracture that causes brain damage may also suffer from recurring seizures and may have physical disabilities, developmental delays, behavioral challenges, and cognitive impairments.[2]
• The most common cause of an infant skull fracture is inappropriate instrument use. When a doctor delivering the baby uses a vacuum extractor or forceps, the force from either of these can result in a skull fracture.
• Other causes are pressure from inside the womb and pelvis of the mother, intensified by complicated labor or considerable birth weight, and mishandling of the baby shortly after birth.

An infant skull fracture might result from medical malpractice. If a doctor made a mistake that resulted in your child’s skull fracture and resulting disabilities, you can sue for a settlement. 

What Does an Infant Skull Fracture Settlement Cover?

An infant skull fracture settlement can cover nearly any expense related to the injury, current care for the child, and future care.

As you work with a birth injury lawyer to make your case, you can determine what kinds of expenses you want to claim.

Settlements can cover many expenses: 

• Current medical bills related to the child’s care
• Medical expenses you expect to incur in the future
• Lost wages
• Costs associated with therapy, rehabilitation, and assistive devices
• The costs of medical travel

Settlements in cases of infant skull fractures can also cover costs that are not as tangible as medical bills and expenses of care.

A settlement can sometimes cover pain, suffering, and emotional trauma for you and your family.

How Much Is My Child’s Case Worth?

Your child’s infant skull fracture settlement amount depends on several factors:

• The degree of negligence on the part of the medical providers and hospitals involved
• The extent and severity of your child’s injury and resulting disabilities
• Past and current medical expenses related to the injury
• Expected future costs of the injury

A good birth injury lawyer will determine all the potential costs of your child’s injury and maximize the settlement amount you receive.

How to Get an Infant Skull Fracture Settlement

To win an infant skull fracture settlement may take time and hard work, but the person doing most of that work will be your lawyer.

A birth injury lawyer with experience winning settlements for medical malpractice cases. They will take care of all the details and advocate for your child.

• Your first step in getting an infant skull fracture settlement is to find the right lawyer to guide you.
• Once you have a lawyer, you will work together to build your case. Your lawyer will need you to keep track of all medical expenses and other costs associated with your child’s care.
• You will also need to recount the details of the incident that caused your child’s skull fracture. The traumatic incident may be painful to recall, but it is critical.
• Your lawyer will then file a lawsuit against the doctors or medical center responsible. They will present your case and try to negotiate a settlement, often with the defendents’ insurer.
• Only if negotiations fail will your case go to trial. Most medical malpractice cases never go to trial and end in settlements.

It’s worthwhile seeking a settlement for your child’s skull fracture if you believe doctors or other medical providers were negligent in causing the injury. A settlement ensures you have the funds to give your child the best treatment and care.