Cephalohematoma occurs when blood pools between a newborn baby’s scalp and skull. This condition is most often caused by a difficult and extended vaginal birth and is more common when vacuum extraction or forceps are used during delivery. While this condition will typically heal on its own without complications, there is the potential for side effects that can be severe.
If your baby suffered infant cephalohematoma that led to a serious injury, you could be entitled to compensation. At the Birth Injury Lawyers Group, we are dedicated to ensuring that you collect the money you require from the negligent party. Contact a Mesa birth injury lawyer today by phone or through our online contact form to get started with a free consultation.
The Four Elements of Negligence
When attempting to recover compensation for infant cephalohematoma, you must first establish who is at fault for the damage. In order to prove negligence to the court, there are four things that must be established. The four elements you must be able to prove are:
- That the defendant owed a duty of care
- That that duty of care was violated
- That the plaintiff suffered damages
- That the damages sustained were directly caused by the breach of the duty of care
The Existence of a Duty of Care
The first thing you must be able to establish is that the defendant owed a duty of care to your infant. In cases where the defendant is a doctor, nurse, or another type of medical professional, proving the existence of this duty of care is often pretty straightforward. If the defendant was involved in the delivery or care of your child in any way, they owed them a duty of care.
Breaching the Duty of Care
Once you have established that the defendant owed a duty of care to your child, you will need to show that they violated that duty of care. To do this, you must prove that they took actions related to the care of your child that were not in line with what another person with similar training and experience would have reasonably done in their place.
An expert witness can be very useful in proving that the duty of care was breached. They can testify to the actions that would be expected of a medical professional with the same training and experience as the defendant.
Damages Suffered by the Plaintiff
Next, you must prove that you suffered damages. This step is often very easy to prove. An examination by a doctor not involved in the initial incident can reveal the harm suffered by your child.
The Damages Were Caused by the Breached Duty of Care
Finally, you have to tie everything together. You need to show that the defendant breaching their duty of care was the cause of the damages sustained by your infant. Proving this on your own can be challenging. Thankfully, an experienced infant cephalohematoma lawyer in Gilbert can help you show how everything is connected so you can recover the compensation you need.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Damages You Can Claim After an Infant Cephalohematoma
If your child suffered an infant cephalohematoma due to the negligent actions of another party, there are a variety of damages you will likely be eligible to pursue. In order to recover the full value of your claim, you need to identify all the damages that apply to your case.
When you hire an experienced infant cephalohematoma attorney in Mesa, they will be able to help you identify the compensatory damages you are eligible to pursue and if your case qualifies for punitive damages.
Economic Damages
Any losses that impacted you financially fall into the category of economic damages. Some of the economic damages that can commonly be claimed after an infant cephalohematoma include:
- Lost wages if you missed work because of your infant’s injury
- Lost earning ability if the infant cephalohematoma is likely to limit the long-term earning ability of your child
- Medical expenses
- Future medical bills for continued treatment
- Funeral costs if the injury resulted in the death of your child
Non-Economic Damages
All other losses you endure are categorized as non-economic damages. Some of the non-economic damages that can commonly be claimed after an infant cephalohematoma include:
- Scarring and disfigurement
- Emotional distress
- Pain and suffering
- Permanent disability
- Mental anguish
- Lowered quality of life
Punitive Damages
If the court determines that the liable party acted with a criminal level of negligence or that they purposely intended to cause harm, you may also be able to collect punitive damages for your claim.
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File Your Mesa Infant Cephalohematoma Lawsuit Before the Deadline
According to the statute of limitations for medical malpractice in Arizona, injury victims typically have two years to file a lawsuit against the liable party. Failing to get the correct paperwork filed on time will likely result in the loss of your right to recover compensation from the liable party.
However, it is essential to note that there are many exceptions to the statute of limitations that could permit you to file a lawsuit long after the standard deadline. A common example in cases involving birth injuries is that the injured child can file up to two years after turning 18 if their parents failed to collect compensation after the initial injury.
You must also realize that there are other exceptions to the statute of limitations, which can further limit the amount of time you have to file your lawsuit. Rather than having two years to file, you could only have a matter of months to take action. An experienced Mesa infant cephalohematoma lawyer can help ensure that all deadlines are met.
"We know first-hand what you are going through."
Get a Free Consultation from a Mesa Infant Cephalohematoma Attorney Today
When attempting to recover compensation for an injury resulting from infant cephalohematoma, it is critical to choose a lawyer with a history of achieving favorable outcomes for their clients in situations similar to your own. At the Birth Injury Lawyers Group, we have been helping injury victims recover the compensation they require for years.
Contact us by phone or through our online contact form to schedule a free case review today.
"We are committed to helping families who have suffered medical negligence."