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Why File an Infant Brain Damage Lawsuit?

Posted on 2022-06-19

A Washington, DC infant brain damage lawyer can help you maximize your claim for compensation if you or your child suffered injuries due to medical malpractice. These injuries are common in the United States and can include birth asphyxia, oxygen deprivation, and damage to the spinal cord. This article will explain how to file an infant brain damage lawsuit. A lawyer can also help you pursue compensation if the cause of your child’s injuries was negligence. Your attorney will work to maximize your claim and ensure that you receive full compensation for your suffering.

Table of Contents

  • Birth asphyxia
  • Oxygen deprivation
  • Spinal cord damage
  • Negligent obstetrical care
  • Settlements for brain damage lawsuits
  • Early diagnosis
  • Non-economic damages

Birth asphyxia

If your child has suffered from birth asphyxia, it’s important to know that there are several potential consequences of this condition. Physical disabilities may include developmental delays and paralysis. In severe cases, the child could even die. If your child didn’t get enough oxygen, you may be able to recover compensation. An attorney can help you decide if your child should pursue legal action for birth asphyxia.

Oxygen deprivation

If you suspect that your baby has been born with oxygen deprivation, you should seek medical care immediately. The brain of an infant can be damaged by oxygen deprivation and can develop severe damage within 25 minutes. Treatments for infants with this condition include therapeutic hypothermia, which involves cooling the infant’s body temperature to less than 32 degrees Celsius or 90 degrees Fahrenheit for three days. The process may delay the development of severe brain damage, but it may give parents hope that the infant will recover fully.

Spinal cord damage

Pediatricians must be aware of the varying prognoses of spinal cord damage in infants. Infants with incomplete injuries retain some movement and sensation below the point of injury. Infants with complete spinal cord damage lose all movement, sensation, and motor function below the point of injury and can experience lifelong complications. Despite the importance of early diagnosis, it’s difficult to predict the exact outcome of a spinal cord injury until it’s too late.

Negligent obstetrical care

Many medical professionals may commit a form of medical negligence when they fail to diagnose or treat complications during a pregnancy. When the medical professionals fail to act appropriately, the baby may suffer lifelong brain damage. This type of negligence can also occur during childbirth, when a mother has a high risk pregnancy and is not properly screened by her obstetrician. During labor and delivery, a medical professional must screen a pregnant woman for high-risk conditions, and failure to do so may result in birth trauma.

Settlements for brain damage lawsuits

A recent case in Michigan illustrates the importance of proving negligence when pursuing an infant brain damage lawsuit. A baby in the state of Michigan is born with severe brain damage after medical personnel failed to deliver her by an emergency C-section when fetal distress was detected. This resulted in a traumatic infant’s cerebral palsy, epilepsy, global developmental delays, and spastic quadriplegia. As a result of the delay in diagnosis, the child has to require round-the-clock care for the rest of his life.

Early diagnosis

It is important to know that it can be difficult to detect early signs of infant brain damage. Infants are typically able to reach certain developmental milestones by age one or two, and if the child fails to achieve any of these at this early age, it could be an indication of brain damage. Infant brain injuries can be the result of several factors, including birth defects, complications during pregnancy, or even oxygen deprivation during birth.

Non-economic damages

Unlike economic damages, non-economic damages are hard to quantify. They may include pain and suffering, emotional distress, humiliation, loss of enjoyment of life, and deterioration of a previous injury. In some cases, non-economic damages may be called “pain and suffering” or “consortium.” In this case, the child’s loss of consortium means that the child is no longer in a relationship with his or her parent.

 

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