How you can prove negligence in a newborn brain ischemia claim will depend on the facts of your case, what led to your child’s injuries, and other details. However, these cases almost always rely on expert medical witnesses to confirm that medical negligence—known as malpractice—occurred.
The medical journal
confirms that newborn brain ischemia is the most common cause of brain damage in infants. Newborn brain ischemia occurs when the baby does not get a sufficient flow of oxygenated blood to their brain. According to the Journal of Cerebral Blood Flow & Metabolism, this injury can result in significant physical, cognitive, and behavioral impairments.
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Neonatal Ischemic Strokes Occur for Many Reasons
Brain ischemia can occur in gestation, during delivery, or shortly after delivery. There are many causes, most of which can be prevented or recognized and addressed quickly. Ischemic strokes in newborns may be the result of medical negligence.
Some causes of brain ischemia in an infant include:
- Uncontrolled maternal blood pressure either before, during, or after delivery
- A baby who is too large for the birth canal requiring the use of forceps, a vacuum device, or other assistive delivery tools
- A baby enduring a long and difficult active phase of labor
- Prolapsed, knotted, or compressed umbilical cord
- Placental abruption or other concerns that stop the blood flow from the placenta
- Respiratory concerns immediately following delivery
To build a medical negligence case based on a newborn brain ischemia diagnosis or the diagnosis of related conditions or complications, you will need to understand the issue that led to your baby’s birth injury.
If your child experienced any complications during the pregnancy, labor, and delivery, or shortly after birth, you should discuss them with your attorney.
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Proving Medical Negligence Caused Your Child Harm
In most cases, you can only prove negligence in a newborn brain ischemia case with the help of a medical expert witness. Most states require you to work with a doctor who has similar training and experience as the one accused of malpractice.
Even if your state does not require sworn testimony, it is often impossible to build a strong case without relying on an expert.
Your attorney will compile the medical records related to the pregnancy, delivery, and your child’s diagnosis. They will identify an expert on brain ischemia in infants who works in the same geographic area as the doctor who delivered your child and ask them to review the medical records.
Obtaining this expert review of your child’s records will help you understand what happened to your child, who caused it, and who is legally responsible. The expert may also help you document other facts of your case, such as a prognosis and possible future care needs.
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Proving Damages in Your Child’s Newborn Brain Ischemia Case
In addition to proving negligence and liability, you will need to prove the value of your family’s losses related to your child’s birth injury. These losses involve your past and current medical bills and expenses and your future and non-economic losses. It may then be difficult to know what your case could be worth.
Your attorney will be able to put a value on your case, explaining what a fair settlement might look like before engaging in negotiations with the insurer or legal team representing the doctor or hospital.
Recoverable damages are not limited to treatment and care costs. They also include the wages you lost because of time away from work, intangible damages such as pain and suffering, and more. Some states have strict limits on some types of damages, while others do not.
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Navigating the Legal Process Is Easier with a Birth Injury Attorney
Working with a medical malpractice lawyer familiar with the statutes that apply to birth injuries in your state can make your case stronger. They can navigate the legal system on your behalf through building your case, gathering evidence, and negotiating a settlement. Most handle these cases based on contingent fees.
Medical malpractice birth injury lawyers who represent clients in your state will also understand the process for seeking damages required under your state’s laws, including any applicable deadlines, caps on damages, and more.
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You can get help to learn more about your child’s birth injuries and your options for recourse today. Contact the Birth Injury Lawyers Group now by dialing (800) 222-9529. You can discuss your rights and learn more about these cases during your free case review.
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