Birth-Related Brain Damage Lawsuits
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Types of Birth-Related Brain Injuries
Birth-related brain injuries as a direct result of medical negligence typically occur when health care providers fail to adhere to the standard of care during pregnancy, labor, delivery, or shortly after birth. These types of birth-related brain injuries include:
- Hypoxic-ischemic encephalopathy (HIE). Hypoxic-ischemic encephalopathy is a brain dysfunction that occurs when the infant’s brain does not receive enough oxygen or blood flow before birth, during labor and delivery, or after birth. The condition can result when a physician does not adequately respond to fetal distress, delays in delivering the baby via cesarean section, or mismanagement of the mother’s health that can affect the flow of oxygen or blood to the baby.
- Cerebral palsy (CP). Cerebral palsy is a congenital disorder that affects movement and posture caused by damage to an infant’s developing brain. Medical negligence that results in CP involves failure to detect or manage infections, mismanagement of a complicated labor, or failure to detect or respond to fetal distress which leads to a lack of oxygen to the baby’s brain.
- Intraventricular hemorrhage (IVH). An intraventricular hemorrhage is bleeding in or around the ventricles in the brain. The condition can be the result of using excessive force during delivery or mismanaging conditions that lead to premature birth.
- Subdural hematoma. A subdural hematoma is a kind of brain bleed that occurs after a head injury. This can be the result of improper use of birth-assisting tools such as forceps or vacuum extractors.
- Cephalohematoma. Cephalohematoma is a hemorrhage that results in a buildup of blood beneath an infant’s scalp. This condition can occur when birth-assisting tools have been misused during delivery. If not properly treated, it can lead to kernicterus which is a form of brain damage.
Brain Injury Lawsuit Process
If you believe your child’s brain injury is due to medical negligence, you are entitled to justice and financial compensation to provide for your child’s ongoing needs.
Begin the brain injury lawsuit process by engaging legal representation. Because brain injury lawsuits are complex, it’s important to find a brain injury lawyer with experience negotiating and litigating these types of cases.
A brain injury lawyer will review your case and advise you on whether or not you should proceed. If you do move forward, your lawyer will file a complaint which will be served to the defendant(s) and filed with the courts.
Gathering Evidence
At this point in the brain injury lawsuit process, your lawyer will begin gathering evidence to support your case. This includes medical records from the pregnancy, labor, delivery, and time following the birth of your child. Additionally, your attorney will consult with medical experts about your case who can help establish causation of the brain injury and even serve as an expert witness should your case go to trial.
Discovery Phase
During the discovery phase of your brain injury lawsuit, both attorneys will request and receive evidence pertaining to the case including any documents or records needed. At this phase, you, the defendant, and any witnesses may also be deposed.
Settlement Negotiations
Once all documentation is in place, your brain injury lawyer can begin settlement negotiations. A large percentage of these cases are settled pre-trial which does save time, reduce stress, and costs less than going through a jury trial.
If both parties agree on the settlement, you will receive your compensation and your case will conclude.
Birth Injury Lawsuit Trial
Should negotiations fail, you will need to go to a jury trial. At a birth injury lawsuit trial, your attorney and the defendant’s attorney will present their evidence and their arguments. All parties, including the medical expert, may be required to testify. After all information has been presented to the court, the case will go to the jury, who will determine if there is liability and if so, the amount of damages to which you’re entitled.
Factors to Consider Before Filing a Brain Injury Lawsuit
A brain injury lawsuit can be time-consuming and stressful, especially if it goes to trial. In terms of financial costs, it’s important to also remember that your brain injury attorney will need to receive their fees and costs from your damages.
Despite those factors, if your child did sustain brain damage due to a medical professional’s negligence, then the healthcare provider and possibly the facility at which they’re employed should be held to account. You are facing a lifetime of expenses and you are entitled to have those responsible pay the lion’s share of those costs.
Finally, there are multiple organizations and nonprofits that assist families dealing with the emotional hurdles of going through a brain injury lawsuit, along with support in addressing the challenges and concerns parents have when raising a special needs child. Some of these organizations include the Cerebral Palsy Foundation, the Cerebral Palsy Research Network, and the March of Dimes.
A Pintas & Mullins Brain Injury Lawyer Can Help
At Pintas & Mullins, we’ve negotiated or litigated hundreds of brain injury lawsuits and collected millions for our clients. We have years of experience with these cases and are committed to seeking justice for you and your child. A brain injury lawyer at Pintas & Mullins will provide a free assessment of your case and consult with our vast network of legal and medical experts. Call or text 800-934-6555 or complete our Free Case Evaluation form online to get started today.
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