Newborn Brain Damage Lawsuit

Newborn brain damage is a term used for an injury to a baby’s brain around the time of birth. It can be linked with oxygen loss, trauma, bleeding, or other medical problems.

Cleveland Clinic notes that birth injuries can occur during delivery. Medical research also recognizes neonatal brain injury as a condition that may cause serious or long-term issues for the baby’s nervous system.

A medical review of birth trauma acknowledged the different kinds of injuries that may happen during labor or delivery.

Recovery can vary from child to child. Some could improve with therapy, while others may continue facing daily challenges.

One serious type of brain injury is hypoxic-ischemic encephalopathy, or HIE. Cleveland Clinic discussed that severe HIE can result in long-term or permanent brain damage.

Newborn stroke can also have long-term effects. A New England Journal of Medicine review reported that many infants with neonatal stroke survive to adulthood; however, some live with motor impairment or cognitive disabilities.

Signs & Symptoms of Newborn Brain Damage

A brain injury is not always noticeable at birth. Sometimes, it may become noticeable when a child starts missing developmental milestones.

Possible signs can include the following:

• Seizures

• Unusual muscle stiffness or weakness

• Trouble feeding

• Problems with movement

• Delayed development

• Missed milestones

• Trouble with balancing and walking

• Other neurologic problems

One of these signs does not necessarily mean that a baby has permanent brain damage. Medical testing may help identify the cause.

How Is Newborn Brain Damage Diagnosed?

Brain scans and medical records may help doctors understand where the brain injury occurred and how serious it is.

UCSF research has examined brain injuries in newborns. A medical evaluation can help doctors better understand the injury based on the child’s symptoms and medical history.

The records from pregnancy, labor, delivery, and newborn care may help in describing what happened. A federal appeals court opinion showed how such records can be reviewed and analyzed in a birth injury case. Medical records may give more detail.

Treatment & Prognosis

Treatment will depend on the type and severity of the brain injury. Some babies may need urgent care or time in the NICU.

As the child grows, care may include physical, occupational, or speech therapy. More serious injuries may then require long-term treatment and support at home.

Recovery may vary from child to child. Some may improve with treatment. Others may continue to have issues related to their movement, learning, communication, or daily activities.

A newborn brain injury may have several causes. These include oxygen loss, bleeding, birth trauma, and complications associated with fetal distress. Some of these causes also include umbilical cord or placental problems and a difficult delivery.

Multiple medical emergencies can also happen at the same time during a difficult birth. Medical research has discussed how hypoxic-ischemic brain injury in a full-term newborn can have several causes that could interact.

The cause is not always clear in the delivery room. Certain injuries may occur even with proper care. Others may raise concerns about missed warning signs, delayed treatment, or decisions made during labor.

Not always. A baby can suffer brain damage even when the medical team has provided appropriate care.

A legal case will normally need more than evidence that an injury occurred. A federal birth injury case focuses on whether the care met the standard of care. It also addresses whether any failure has caused the injury.

The review often focuses on how the medical team responded. It may analyze missed fetal distress, a delayed C-section, or other problems during delivery.

Medical expert testimony may help determine whether the provider departed from the standard of care. Case law involving a birth injury noted how medical testimony may be used to address the standard of care and whether that departure caused or contributed to the injury.

A delayed C-section can be an important element of a malpractice case. Medical research has looked at injuries that are associated with unnecessary delays in performing a medically indicated C-section after signs of fetal compromise were recognized.

Issues can arise when a maternal complication is not identified early or treated soon enough. A New York court decision addressed allegations that providers failed to respond to a maternal complication in time.

Treatment after birth may be important. Cooling therapy is sometimes used for newborns with oxygen-related brain injuries.

A New York case involving HIE addressed allegations that delays in treatment contributed to the baby’s injury.

The process varies by state. Before filing a newborn brain damage lawsuit, the legal team will review the pregnancy, birth, and newborn care.

The lawyer then gathers the available records and builds a timeline. After filing, the case may move through discovery and settlement talks. If no settlement is reached, it may go to trial.

1. Free Case Review

The first conversation with a newborn brain damage lawyer focuses on what happened. The team may ask about the pregnancy, birth, and the baby’s condition.

Parents can describe what they remember and saw at the hospital. This information may help the legal team decide whether further investigation is appropriate.

2. Investigation & Gathering Evidence

The next step is to gather the medical records and other evidence. These materials may help the legal team understand what happened before, during, and after the birth.

Evidence in a newborn brain damage lawsuit may include:

• Prenatal records

• Fetal heart monitoring records

• Labor and delivery records

• MRI scans or other brain imaging

• Newborn and NICU records

• Witness statements

• Medical expert opinions

Timing may be important in the review. Medical experts may consider whether earlier intervention or delivery would likely have prevented the brain injury. The records can be organized into a clear timeline of the care provided.

3. Filing the Lawsuit

After obtaining sufficient medical evidence, the legal team would prepare a formal complaint that would describe the alleged negligent care.

This document identifies the healthcare providers named in the lawsuit. This would also describe the alleged negligence and claimed damages. State filing rules govern such cases, which makes timely legal review important.

4. Negotiating a Settlement

Some cases settle before trial. The two sides can discuss settlement after they have reviewed the treatment history, testimony, and other evidence.

Settlement value may depend on how severe the injury is and the child’s long-term care needs. The strength of the evidence and available insurance or assets can matter.

5. Trial (If Necessary)

A case that does not settle may proceed to trial. The medical charts and testimony can be used by both sides to explain what happened.

The family may argue that the improper care caused or worsened the brain injury. The defense may disagree about the standard of care. They may question whether the care contributed to the injury. They may also dispute how much harm resulted from the treatment.

A settlement may help cover the costs of the child’s care. This could include medical treatment and therapy. It may also help cover equipment and future care.

Long-term care needs vary from child to child. A child who improves with treatment may need less support. Those with a permanent disability may need much more focused treatment.

Average Newborn Brain Damage Settlement Amounts

There is no set settlement amount for a newborn brain damage lawsuit. It may depend on how severe the injury is, the future care needs, and the strength of the medical evidence.

A study of malpractice costs involving infant brain damage has found that these cases can be among the more costly types of medical malpractice litigation. That does not mean that every case will have a high settlement or verdict.

A claim’s potential value may reflect the severity of the injury. And this could extend to the documented future care needs, state laws, and insurance coverage.

Examples of Newborn Brain Damage Case Allegations

Court records can give examples of the kinds of allegations that can appear in these cases. However, they do not predict what will happen for another family.

In one federal malpractice case, the complaint alleged that a newborn was found outside a ruptured uterus during an emergency C-section. The complaint said that the baby had oxygen deprivation, brain damage, and severe HIE. The baby also needed NICU care.

Another federal case included allegations. The case alleged that a delayed C-section led to prolonged oxygen loss and neurological injury. These allegations were specific to the case. However, they do not predict outcomes in other cases.

Factors That Affect Case Value

Case value may depend on the care that a child needs over time. Support may cover regular specialist care. This may include developmental therapy, specialized home equipment, and personal care aides.

The value of the case may depend on the severity and permanence of the injury, future care needs, state law, the strength of the evidence, and available insurance.

Families do not need to have all the answers before requesting a case review. A law firm for a newborn brain damage lawsuit may review the available records. These records include the delivery records, clinical notes, and newborn care records to better understand what happened.

Get a Free Consultation for a Newborn Brain Damage Birth Injury Lawsuit