How Can You Establish the Cause Of Your Child's Brain Injury?
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
- 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.