Brain injuries are among the most concerning physical injuries babies can suffer during
birth, and they often have devastating consequences. While some infant
brain injuries might result from unpreventable causes, such as infections
in the mother or undetectable issues, others result from preventable medical
negligence. This negligence can take many forms, including failures to
properly monitor a fetus during labor and preventable trauma during delivery,
among others.
At Beam Legal Team, we represent many families who are left to deal with
the immense difficulties of preventable birth injuries, including those
involving brain damage. Often, we hear from families who may know that
their child suffers from some type of brain injury that occurred during
labor or delivery, but are not exactly sure how the brain injury occurred.
This is common for families. After all, they are not medical professionals,
which is why they placed their trust in a physician to handle their birth
appropriately.
Unfortunately, medical professionals can make a number of critical mistakes
that can lead to brain injuries, which is why it becomes important to
identify the mechanism of injury, and the circumstances involved in the
birth. For example, were there signs of fetal distress in labor? Was the
injury a result of some congenital or unpreventable cause? These types
of questions are critical to determining whether negligence played a role
and whether the injury itself could and should have been prevented.
In addition to identifying the how an injury occurred, it is also important
to understand when it occurred. For instance, it must be determined whether
signs of oxygen deprivation, which can lead to brain damage, occurred
with or without warning signs, and whether medical professionals should
have been able to prevent the injury. Evidence that a fetal heart monitor
displayed signs of fetal distress which were not timely identified by
treating physicians or nurses when they should have been, can indicate
that malpractice may have occurred.
Examples of preventable brain injuries that can occur during birth include:
- Oxygen deprivation (birth asphyxia)
- Hypoxic-Ischemic Encephalopathy
- Cerebral palsy
- Stroke
- Mental or physical impairments
Proving That You Have A Valid Birth Injury Claim
In order for victims and families to have a valid claim for compensation
involving a brain injury during birth, there are a number of legal elements
that must be established, as well as a significant amount of investigation
to be done.
By conducting thorough investigations, performing any relevant tests, and
working with the necessary medical experts, our legal team devotes the
time needed to discover the underlying cause. When this cause clearly
shows a departure from the acceptable standard of care and / or hospital
protocol, and indicates that it should have been prevented, victims have
every right to hold the responsible medical professional accountable for
their negligence.
Establishing
medical malpractice as the cause of a brain injury is only part of the battle. Victims must
next file lawsuits and make their voices heard. This process can be done
much more effectively with the assistance of experienced attorneys who
understand the challenges of medical malpractice claims and how health
care providers defend themselves against liability. When we are equipped
with the facts, our team leverages our extensive experience and resources
to fight for the compensation our clients deserve.
For more information about brain injuries resulting from medical negligence,
contact Beam Legal Team for a free consultation.