Infant Brain Injury Attorney
When a child sustains a brain injury at birth, it is devastating to the entire family. Parents worry not just about the short-term consequences of the injury, but about what will happen as the child grows. The medical bills can be horrendous, and of course, there is also a huge emotional impact.
What Causes Infant Brain Damage?
The most common causes of brain damage in newborns are hemorrhaging due to brain trauma and oxygen deprivation (asphyxia or hypoxia).
Bleeding in the brain, also called “intracranial hemorrhage,” is an injury to the brain that is caused by blood vessels rupturing in the skull. When bleeding occurs inside the skull, it is often due to the skull being deformed as a result of a rough delivery. This is sometimes due to action, or failure to act, on the part of the delivery room staff or due to equipment that wasn’t working properly.
Often, bleeding in the brain isn’t obvious – it could manifest as seizures or lethargy. It is the job of the obstetrician and other medical personnel to identify the symptoms and act on them accordingly.
Types of Hemorrhage
Bleeding in the infant’s skull has a number of causes. The following are the most common types of hemorrhage in infants:
This is a bleeding into the fluid-filled spaces (ventricles) of the brain.
This type of bleeding occurs underneath the membranes that cover the brain, and is the most common intracranial hemorrhage in infants. It usually happens with newborns who are full-term, and may manifest as seizures.
These occur between the inner and outer brain coverings. With this type of hemorrhage, there is pressure on the surface of the brain. They used to be common, but thanks to modern childbirth techniques, are far less so. The downside to this is that if they do occur, they may be due to negligence. Infant brain injury attorneys are most likely to find a cause of action with this type of hemorrhage.
Negligence Is Malpractice
Most malpractice lawsuits are based on medical negligence. This doesn’t mean just that something went wrong – it means that it went wrong because a medical professional did something, or neglected to do something, that caused the infant brain injury. An attorney can help you to determine if you have a basis for a medical malpractice lawsuit.
For a medical malpractice lawsuit to succeed, you have to prove that the defendant’s conduct did not meet the same standard that a reasonably skilled professional would have exhibited in the same or similar situation. You also have to prove that the negligence caused measurable harm.
In cases of infant brain injury, your attorney will help you to obtain expert testimony – opinions from practitioners in the same field as your defendant. In many states, you’ll actually have to provide sworn statements. Again, this is something that your infant brain injury attorney can handle on your behalf.
See an Attorney
The doctor or hospital will bring all the power of their legal team to bear against you if you bring a malpractice suit for infant brain injury. That’s why it is very important to have a competent attorney on your side – you’ll never be able to handle a medical malpractice suit, with all its complexities, on your own. Your attorney will look after your legal rights, as well as those of your child, and work to get you the compensation you deserve.