If your infant suffered brain bleeding as a result of a birth injury, you could be eligible for a medical malpractice case against the medical professional who delivered him or her or the healthcare facility where your baby was born. Infant brain bleeding can call for immediate surgery and result in long-term brain damage.
You can be eligible for compensation for the pain and loss you have experienced if you're a medical malpractice victim. However, the majority of healthcare providers rarely take the blame without contesting the allegations. Therefore, having a knowledgeable attorney on your side is essential if you want to get compensation. We at the Phoenix Personal Injury Attorney Law Firm are here to help. Our team fights tirelessly for our clients and has many years of experience.
Understanding Infant Brain Bleeding
Infant brain bleeding is a form of bleeding that occurs within the brain of a newborn baby. The severity of this medical condition can vary from severe to mild. It can be detected in various parts of the brain, such as the ventricles, cerebral cortex, and cerebellum.
Low birth weight, infections, hemorrhage, birth trauma, prematurity, or health conditions like ischemia or hypoxia are just a few of the factors that can result in infant brain hemorrhage, also known as intracranial hemorrhage. Infant brain bleeding can occur as a result of medical malpractice.
Symptoms of Infant Brain Bleeding
Infant brain bleeding symptoms can vary based on the location and severity of the hemorrhage. The bleeding can sometimes go unnoticed and only be discovered during routine imaging testing. Some of the common symptoms of infant brain bleeding are as follows:
- Apnea or difficulty breathing.
- Reduced responsiveness or lethargy.
- Easily irritated or fussy.
- Problems eating or swallowing.
- Muscle tone abnormalities such as floppiness or stiffness.
- Bulging fontanelle.
- A high-pitched cry.
- Variation in pupil size or unusual eye movements.
- Intellectual disability or developmental difficulties.
If your newborn displays any of these signs, you should seek immediate medical assistance. Infant brain bleeding is a life-threatening condition that needs to be detected and handled promptly to avoid further complications.
Long-Term Effects of Infant Brain Bleeding
Infant brain bleeding may lead to an array of long-term complications, depending on how severe it is and the location of the bleeding. In certain situations, the bleeding's effects could be minor and have no long-term repercussions on the child's well-being and growth.
However, in severe situations, infant brain hemorrhage can result in long-term consequences like:
- Cerebral palsy — is a disorder that affects coordination as well as movement and might be a result of brain injury during childbirth.
- Developmental delays — Infant bleeding in the brain can hinder the brain from developing normally, delaying developmental milestones including walking, crawling, and talking.
- Intellectual impairment — Infant brain hemorrhage can occasionally lead to persistent brain damage that causes intellectual disability.
- Loss of vision or hearing — bleeding in specific areas of the brain can impair the baby's hearing or vision permanently.
- Behavior-related or emotional issues — newborns who have suffered a bleeding brain could be more susceptible to issues like anxiety, depression, and ADHD.
Not all infants who suffer brain bleeding can develop long-term issues. However, the consequences for the victims tend to be severe, necessitating lifelong medical attention and support. Children who get affected by this condition can benefit from early intervention and therapy, which can reduce the chance of long-term consequences and improve their condition.
How Medical Malpractice Leads to Infant Brain Bleeding
Infant bleeding from the brain can be caused by medical malpractice in several ways. The following are some common cases of medical malpractice that could lead infants to suffer brain bleeding:
- Improper or delayed delivery – if a medical professional fails to detect fetal distress signs or doesn't act quickly and intervene during delivery, the infant can suffer from trauma or oxygen deprivation, which could result in bleeding in the brain.
- Misusing delivery equipment — in some circumstances, it could be necessary to give birth using vacuum extractors or forceps. However, improper use of this equipment could result in head trauma for the newborn and brain bleeding.
- Infections not being properly identified or treated — infections like sepsis or meningitis can cause blood clotting and inflammation in the brain. However, if these problems are not identified and treated early, they could result in brain hemorrhage.
- Medication errors — certain drugs taken during delivery and labor, like anticoagulants, can raise the risk of brain hemorrhage in the newborn. If these drugs are not taken as prescribed, the chances of suffering brain bleeding increase.
- Failure to keep tabs on the vital signs — during delivery and labor, healthcare providers have to carefully track both the mother's and the infant's vital signs for any indications of discomfort. The newborn can suffer from a bleeding brain if his or her vitals aren't carefully monitored or if medical professionals ignore warning symptoms.
These are only a few instances of how medical negligence can cause a baby's brain to bleed. If you suspect medical malpractice contributed to your child's illness, it's crucial to speak with a knowledgeable medical malpractice lawyer who can assess the facts of the case and walk you through your legal options.
Parties You Can Sue In an Infant's Brain Bleeding Case
If you believe that medical malpractice contributed to your baby's brain hemorrhage, you could be able to press legal action against one or more healthcare practitioners or institutions that were responsible for your baby's treatment.
Depending on the specifics of the matter, you can hold several individuals responsible. However, some common offenders in medical malpractice lawsuits involving infant brain bleeding could include the following:
- Obstetricians – These medical professionals specialize in handling pregnant women as well as delivering babies. You could be entitled to file a medical malpractice lawsuit against an obstetrician if they neglected to take care of you or your infant.
- Nurses in delivery and labor sections — When an expectant mother is in labor and giving birth, nurses are extremely important in keeping track of her and the infant's vital signs. A nurse could be held accountable for medical malpractice if they delayed or failed to act appropriately to stop bleeding in the brain or failed to recognize signs of discomfort.
- Hospitals and birthing facilities — Birthing facilities and hospitals are responsible for providing secure conditions for newborns and their mothers during the labor and delivery process. You could be eligible to file a medical malpractice lawsuit against a birthing facility or hospital if they were negligent and your newborn suffered a hemorrhage in their brain as a result.
- Anesthesiologist – If you got any kind of anesthesia during your pregnancy or birth, such as an epidural, the anesthesiologist who administered it could be held accountable for medical negligence if their action led to the brain hemorrhage of your unborn child.
It should be noted that every situation is unique, and choosing who would be best for your infant's brain bleeding case could prove challenging. Engaging a seasoned medical malpractice lawyer can help you comprehend your legal options and create a compelling case to seek compensation for your baby's injuries.
Evidence Required to File an Infant Brain Bleeding Claim
Gathering proof of medical malpractice and causation of your baby's injury is essential for filing a personal injury claim for an infant's brain bleeding.
The following are some examples of evidence that could be beneficial in your infant brain bleeding claim:
1. Medical Records
Labor, prenatal, and delivery records, as well as postpartum medical records, can reveal vital details regarding the treatment you and your child received. These documents can show if medical professionals followed the right protocols and processes, as well as if they identified and attended to any alarming signs.
2. Opinion from Experts
Having an expert testify as to whether or not medical malpractice occurred is usually vital in medical malpractice lawsuits. Medical records can be reviewed by specialists, including pediatric neurologists, obstetricians, and others, to determine whether the treatment was in line with industry standards of care.
3. Witness Accounts
Witnesses who were present during the labor and delivery, like family members or other medical professionals, could offer insightful statements on what they saw and whether they picked up on any signs of discomfort or medical malpractice.
4. Imaging Studies
Imaging tests like MRIs and CT scans can demonstrate the severity of your baby's brain bleeding and assist in proving that medical malpractice was the main cause of the bleeding.
5. Medical Research
These studies can give your case vital insight and support. Studies on infant brain bleeding and established standards of care for delivery and labor can assist in determining whether medical malpractice occurred.
These are only a few scenarios of the type of evidence that could support an infant brain bleeding case. Talking to a skilled medical malpractice lawyer can help you grasp the information you will need to develop a solid case.
Compensation in an Infant Brain Bleeding Claim
You are legally entitled to seek compensation for the harm your baby and loved ones have endured if medical malpractice caused your infant to suffer an infant brain hemorrhage. The precise damages to which you could be entitled depend on the particulars of your claim. However, some typical categories of damages in a lawsuit involving infant brain bleeding include:
The costs of your infant's brain hemorrhage-related medical care, such as hospitalization, operations, and ongoing treatment, are recoverable.
Future Medical Costs
You could be entitled to compensation for the funds that will be needed to pay for future medical expenses and therapies if your baby's brain bleeding results in long-term medical expenses or permanent disability.
If you or your spouse had to miss work while caring for your baby, you could be entitled to compensation for missed wages.
Suffering and Pain
Your child could be entitled to compensation for the suffering and pain that they have undergone as a result of the sustained injuries.
Loss of Enjoyment of Life
Your infant's ability to take part in different hobbies and enjoy life could be limited as a result of brain bleeding. In that situation, the court can grant them restitution for their diminished quality of life.
In some situations, the court can order punitive damages to penalize the guilty healthcare professional or institution for medical malpractice.
The emotional distress that your infant's injury has caused your family may be eligible for compensation.
It is crucial to remember that each scenario is unique, and the amount of compensation you'll receive depends on the particular circumstances that apply to your particular situation. The best course of action is to speak with a medical malpractice attorney, who can explain the various types of claims you can make and show you how to put together a compelling defense to get the settlement your baby and family deserve.
Duration For Resolving a Phoenix Infant Brain Bleeding Case
The duration of time necessary to resolve an infant brain bleeding case can vary greatly based on various factors, such as the case's level of complexity, the scope of evidence at play, and the alleged parties' willingness to work out a settlement. Due to the intricacy of the medical concerns involved, medical malpractice claims usually take longer to resolve than other kinds of personal injury claims.
Building a solid case could take several months or years of compiling all the required evidence. Once a legal claim is filed, it can take longer to negotiate a settlement. Negotiations for a resolution between the parties remain a possibility. These discussions often require back-and-forth correspondence. If a settlement can't be reached, the matter could go to trial, prolonging the entire process.
Without understanding the specifics of the case, it's challenging to estimate the time frame for resolving a Phoenix infant brain hemorrhage case. However, it's critical to keep in mind that you have to dedicate enough time to develop a solid case to guarantee that you get the fair compensation your child and loved ones deserve.
You can learn more about the specific schedule and procedure for your case by speaking with a professional medical malpractice lawyer. Your lawyer can also assist you in navigating the legal process to get the best possible result.
Proving Negligence in an Infant Brain Bleeding Claim
To establish medical negligence in an infant brain bleeding lawsuit, you should show that the healthcare professional or institution in charge of your baby's care did not meet the required level of care and that their action directly led to the infant's brain bleeding.
The following are some important measures for demonstrating medical negligence in an infant brain hemorrhage claim:
Determine The Right Level Of Care To Be Provided
You need to demonstrate in a medical negligence case that the medical facility or healthcare practitioner in charge of your baby's care owed your child a particular standard of care. The level of treatment is known as the "standard of care," and expert testimony frequently determines it.
Demonstrate That The Hospital Or Other Medical Facility Violated The Standards Of Care
After establishing the accepted standard of care, you need to prove that the medical professional or facility failed to fulfill that level of care. Establishing that the healthcare provider or facility disregarded accepted medical practices and protocols, failed to recognize or act on warning signs, or made mistakes during treatment could help achieve this.
Identify The Cause
You must show that the healthcare provider's or institution's violation of the standard of care directly contributed to your child's brain bleeding to prevail in a claim for medical negligence. As there might be other causes of the bleeding in cases of baby brain bleeding, this could prove difficult. However, it is possible to prove causation using various types of evidence, including expert medical testimony.
You need to demonstrate that the infant's brain bleeding caused damage to your child, including medical costs, lost earnings, suffering, and pain. It's crucial to keep track of every damage that your loved ones and child endured as a result of the brain bleeding condition.
It can be challenging to demonstrate medical negligence in the case of a baby's brain hemorrhage. That's why it's crucial to consult with a skilled medical malpractice lawyer who can support you in developing a compelling case and bringing the guilty parties to justice.
Find a Phoenix Birth Injury Lawyer Near Me
Infant brain bleeding is a life-threatening condition that needs to be treated promptly to avoid permanent neurological damage. Although not all infant brain bleeding cases result from medical malpractice, caregivers and parents need to know the warning signs and risk factors of this medical condition.
It is crucial to get legal representation to comprehend your options and rights for claiming compensation in situations where medical negligence could have led to the occurrence of an infant's brain bleeding. If you believe your child is a victim of medical malpractice for infant brain bleeding, you can consult with us at the Phoenix Personal Injury Attorney Law Firm. Our attorneys will guide you through the challenging legal process as we fight for your child's rights. Call us now at 602-641-9589.