This article has been fact checked by an experienced birth injury attorney. Sources of information for the article are listed at the bottom.
For any content issues please Contact Us.
An infant skull fracture settlement is the monetary award won on behalf of a child that was wrongfully injured during or shortly after childbirth. A lawyer experienced in birth injury medical malpractice is a valuable ally. They can make sure parents and children have the best chance of winning compensation to help pay for the care an injured child will need.
If your child was injured, he or she might be facing lifelong consequences like physical or mental disabilities, cerebral palsy, seizures, and more. Getting a settlement may seem like the farthest thing from your mind, but it is crucial in planning your child’s future and ensuring that it is the best it can be, in spite of suffering a skull fracture.
Infant Skull Fractures
Childbirth is complicated and fraught with risks and dangers, even though we have made so many advances with modern medicine. So many things can go wrong with the mother and the child, including skull fractures in the infant.
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 has the potential to cause severe damage to the brain. Immediate concerns are hematomas and hemorrhages that can put dangerous pressure on the brain and may need to be surgically corrected right away. 
Over the long-term, a skull fracture may cause other complications. The most common result of brain damage that occurs 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. 
The most common cause of an infant skull fracture is 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.
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.
Most times, these cases will settle before trial, since it’s quicker and less expensive for the hospital or insurer to settle out of court. However, if they decide to fight the claim of medical malpractice, they will take the case in front of a jury and risk losing to the parent and child, which can mean they’ll end up losing a lot more money, and of course, time.
What Can a 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 figure out what kinds of expenses you want to claim.
Settlements can cover current medical bills related to the child’s care, medical expenses you expect to incur in the future, lost wages, and costs associated with therapy, rehabilitation, and assistive devices. Your settlement may even cover 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 and suffering, and emotional trauma for you and your family.
How to Get Started Seeking 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 good birth injury lawyer, with experience winning settlements for medical malpractice, will take care of all the details and will advocate on behalf of your child.
So, 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. With the lawsuit filed and all the evidence collected, your lawyer can then negotiate a settlement agreement.
- Head Injury in Children. (n.d.). Johns Hopkins Medicine, based in Baltimore, Maryland.
Retrieved from: https://www.hopkinsmedicine.org/health/conditions-and-diseases/head-injury-in-children
- Liu XS , et al. (n.d.). Growing skull fracture stages and treatment strategy. - PubMed - NCBI. National Center for Biotechnology Information.
Retrieved from: https://www.ncbi.nlm.nih.gov/pubmed/22656261