What kind of Negligence can cause brain injury to baby? How to make a claim? - Diamond and Diamond Lawyers
  • Tuesday, 30 June 2020

What kind of Negligence can cause brain injury to baby? How to make a claim?

Having a child should be an exciting experience, but discovering that your baby has suffered a brain injury can be an overwhelming and even shocking experience. Knowing that you have a team of dedicated professionals to help guide you through the legal response of recovering compensation for a preventable birth injury can be some source of comfort during this otherwise difficult time. 

In general, there are two primary instances in which a brain injury can happen at birth. First of all brain injuries at Birth can happen because of something that could not have been prevented or detected in spite of modern medicine. An example of this would be an illness the mother had that the doctors were not aware of or had no means to test for prior to labor and delivery. While these instances can definitely be very sad for parents who now must help a child with a brain injury cope, these do not always meet the grounds for medical malpractice.  

Instances of medical malpractice, however, can enable parents to file a claim for compensation when a child has sustained a brain injury during birth. A brain injury that happens during birth can have lifelong consequences for the child and therefore can put additional pressure and expenses on the family members responsible for caring for that child. Many of these circumstances could be raised in court in the form of a medical malpractice lawsuit. In these instances, the brain injury of the infant could have been prevented and it is argued that this instance only occurred as a result of some form of medical negligence.

 Medical negligence is defined as a situation in which a doctor or medical care team took a deviation from the standard of care that would have been provided by any other professional in that circumstance.  Examples of medical negligence that can lead to a brain injury at Birth include surgical errors, anesthesia errors, emergency room errors, Radiology errors, medication errors, and misdiagnosis or delay in diagnosis. 

Symptoms and Effects of Brain Injury at Birth Caused by Medical Negligence

The sooner that you can identify that a brain injury has occurred, the sooner you can get the necessary medical care that an infant needs to recover. Unfortunately, however, many brain injuries that occur during labor and delivery are so severe that the child may have to cope with consequences for the remainder of their life. It is critical that the child’s brain get oxygen during the birth process and this is a situation in which seconds can make a world of difference.

A brain injury for an infant can have a broad range of physical and psychological effects and symptoms such as autism, cerebral palsy, cognitive disorders such as a developmental disability or learning disabilities, symptoms that mimic ADHD, Sleep disorders, and more.  Children can also be affected by seizures, behavioral problems, and emotional issues as they get older. All of these can lead to additional medical care and a compromised quality of life for an infant whose brain injury could have been prevented. These issues off and become front and center in a brain injury lawsuit. 

PRO TIP :

76% of 854 babies who suffered a severe brain injury in 2015, might have had a different outcome with better care”

Filing A Lawsuit For Birth Injuries Caused by Medical Negligence

If you believe that your child suffered a preventable birth injury during the labor and delivery process as a result of medical negligence, you could have grounds to pursue compensation through a lawsuit. It is your responsibility to illustrate through evidence that an event of negligence occurred and that the medical team is responsible for the injuries or child sustained. You can prove negligence by showing that the doctors deviated from the standard of care that would have been provided by other medical care professionals. 

This is usually shown in a Canadian birth injury case through photographic evidence, medical records, and witness testimony. In some of the more complex cases, the mother might also have sustained injuries during birth

It is important that you schedule a consultation with a birth injury attorney as soon as possible after you realize that such an incident has occurred. This is because you must file your lawsuit in a timely fashion. Birth injury cases can take anywhere from a couple of months to settle to several years moving through the court system. The sooner that you reach out to an experienced attorney to get help, the sooner you can begin turning the wheels of justice. You need to file your birth injury claim within two years after the injury. 

Compensation for Birth Injury Claims

A successful birth injury claim could lead to the recovery of damages that are essential for paying for an infant’s care. This can include compensation for damages, medical treatment, occupational therapy, hospital and doctor visits, and more. You will need to have a consultation with your birth injury attorney to learn more about some of the different types of damages.  Make sure you keep copies of all medical records and expenses associated with the child’s care. 

Consult a Birth Injury Lawyer from Diamond and Diamond

A birth injury lawyer can play an important role in helping you to recover compensation and an understanding your rights and responsibilities and filing a birth injury case. Schedule a consultation with an experienced and talented birth injury lawyer as soon as possible.  The team at Diamond and Diamon is here to help you bring your birth injury claim to court and fight for your rights. We offer committed legal support to help you. 

If you believe that your child has sustained preventable birth injuries, our experienced attorneys at Diamond and Diamond can help you to recover the compensation that you deserve. Schedule a consultation today!

FAQ’s about Childbirth Injury Claims

How do I know if my child has been a victim of medical negligence?

If your child suffered injuries because of a lack of medical care or the wrong medical response during delivery, you need to share this information with a dedicated attorney. 

How to make a claim for a newborn’s brain injury caused by negligence?

You can make a claim for negligence when you have evidence that the doctors did not provide the right care to your child during the birth process. You need the help of a birth injury lawyer to accomplish this. 

What can I recover from a birth injury claim?

You could recover several types of compensation, including payments for medical expenses, when you file a birth injury suit. 

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