Labor and delivery are delicate events during the conclusion of a pregnancy. Problems and other complications may arise from these said events. One of the most severe and devastating birth injuries an infant can experience is brain injury upon birth. This may be a result of either an acquired traumatic brain injury which happens when a physical force from the outside hits or the occurrence of pressure on the infant’s head, or an acquired brain injury which occurs internally or inside the skull/brain.
Infant brain damage can permanently disturb the child’s ability to develop normally and ultimately affecting their growth. Infant brain damage affects millions of babies every year.
Categorizing the Infant Brain Injury
Infant brain injury can be caused by many different ways which may stem from several complications which include the following:
Mild injuries – sometimes brain injury may go unnoticed and may cause mild injuries which include injuries such as hematoma, fracture, or mild brain bleeding.
Moderate injuries – these injuries are more severe compared to mild injuries. They include more serious hematoma, skull fracture, and brain bleeding.
Birth asphyxia or oxygen deprivation happens to nearly half of all brain-damaged infants during birth. This occurs when the brain is deprived of oxygen caused by umbilical cord or placental complications, or when the baby’s head becomes stuck in the birth canal during delivery.
Infant brain damage is rare and often caused by medical negligence. Generally, parents would want to know if the hospital is at fault and if the accident could’ve been prevented. If the injury occurred during the time of birth and could’ve been avoided, then a proper compensation claim could happen. You would need a professional law firm with experienced lawyers to evaluate your case/claim and present you with sound legal options.
Expected Expenses from Infant Brain Damage
There are different cases of infant brain injuries – each with varying seriousness (mild, moderate, and severe). Mild to moderate injuries like skull fracture would most likely cost you a few straightforward expenses such as medical imaging and pain medication. For these types of injuries, infants recover and heal without having any permanent brain damages.
On the other hand, more severe damages or severe injuries entail life-long expenses. These expenses include regular visits to the doctor and lifetime medication. For cases such as cerebral palsy, costs would come from medical equipment, home-care medication, institutionalization, and other unexpected expenses. Other usual expenses may include medical imaging such as CT and X-ray scans, physical and occupational therapy, speech-language/pathological therapy, and other psychiatric support. According to the Center for Head Injury Services, severe brain injuries usually cost over $4M and require up to 10 years of medical assistance and recovery.
Again, it is essential to know the severity of the initial injury and the state of the child’s brain as assessed by the doctor. This would then be the basis of your filing claim.
The Role of the Infant Brain Damage Lawyer
Anyone who has been a victim of medical negligence of the hospital/physician/medical staff that then resulted to the infant’s brain injury is eligible to compensation claims to recover medical and hospital expenses to cover for the care of the child. You have the legal right to seek these damages done to you and your baby. The expenses for the healing and rehabilitation of your disabled child can be quite overwhelming especially if your family can not afford these unfortunate instances.
An infant brain damage lawyer can easily guide you through the complexities of cases like these. These attorneys can give you your options for a successful claim for they understand the intricacies of infant brain injury cases. They can collect evidence, use interviews of witnesses, and existing laws related to your case to successfully win your compensation claim.
Infant brain injury lawyers initially determine the validity of your case. There must be substantial proof that your infant’s brain injury was indeed caused by medical negligence in the form of either a medical mistake or medical incompetence of a medical staff/physician. To have a valid case, the following evidence must be present:
Evidence that the defendant’s action did cause damage to your infant
Proof that the defendant failed to uphold the required standard for medical care
Evidence that the injury of your infant was the result of medical negligence
After determining the validity of your case, the infant brain injury attorney may now accept your case and offer his services. The attorney would then gather all documents and evidence related to your case and would then negotiate or settle with the defendant. Usually, a lawyer or insurance company would speak on behalf of the defendant.
The infant brain injury lawyer then starts proving the negligence done by the defendant that led to your baby’s brain damage. This process involves a lot of investigation and thorough work. The attorney can also consult with economic lawyers to further explain the total economic cost of caring for a damaged child. Often, the case would end in a settlement. However, if no settlements are made by both parties, the case would go to trial.
Remember that your settlement is worth the damages for the following expenses:
Medical expenses from past, present, until the future
Lost wages due to the caring of your disabled child
Pain, suffering, and emotional damages
Punitive damages to prevent these things from happening again
Talk to a Professional Infant Brain Injury Lawyer Now!
Infant birth injury cases are not easy to win and you need to have an experienced personal injury lawyer fighting for you and your child. Infant brain injuries carry lifelong consequences and usually require lifelong medical treatment that can be a large financial and time burden. It’s crucial that you get the financial compensation you deserve to make sure your child has a bright future and given the best care. Call 517-347-6900 for a free consultation regarding your situation. Our attorneys have won millions for our clients and we can help you too. You will have direct and clear communication the actual attorney working on your case. Unlike larger firms, your case will be extremely important to us and we will treat you as if you are family. We charge no fees unless you win your infant birth injury case!
Labor and delivery are delicate events during the conclusion of a pregnancy. Problems and other complications may arise from these said events. One of the most severe and devastating birth injuries an infant can experience is brain injury upon birth. This may be a result of either an acquired traumatic brain injury which happens when a physical force from the outside hits or the occurrence of pressure on the infant’s head, or an acquired brain injury which occurs internally or inside the skull/brain.