Cephalohematoma is a fancy word for a swollen bump on the head caused by bruising. You’ve probably had one at least once in your life after hitting your head. But what if an infant has one soon after birth? It may be a sign that someone mistreated your baby.
Find out if your child’s head bump is eligible for compensation. Speak with a Delaware birth injury lawyer today by contacting the Birth Injury Lawyers Group. We can get you answers about what happened.
The Dangers of Cephalohematomas
Cephalohematomas, on their own, aren’t usually harmless. They do need medical attention because they can cause certain serious complications in infants, like anemia, jaundice, or infection. Until the bulge is gone, it must be monitored by a doctor.
The genuine danger is if the bump is a sign of a deeper injury. They are caused by trauma and a baby cannot cause it to themselves like a toddler can. There are two common causes of this condition for newborns:
- A long and difficult labor where the head bumps up against the opening of the mother’s pelvis.
- A doctor using forceps or vacuum extraction devices improperly, creating trauma in the layer of blood vessels between the scalp and the skull.
If your child was born with a cephalohematoma, someone must examine them for deeper damage immediately. This condition can be the first sign of trauma to the skull. Swift treatment can minimize the chance of a brain bleed.
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Is My Child’s Cephalohematoma Worthy of a Lawsuit?
The severity of the bump or any underlying damage must be evaluated by a doctor, but more importantly, a medical expert has to vouch that someone caused your child’s injury because of negligence.
Medical insurance may cover a slight accident with no deeper trauma, including follow-up care. If so, you may not need a lawsuit to cover the costs. But this isn’t something you should decide on your own.
Getting a case evaluation from a Delaware infant cephalohematoma lawyer can give you the answers you need to decide if it’s worth pursuing a lawsuit. If it is, we will help you through the legal process. Pursuing a medical malpractice case requires legal assistance, and our attorneys can help you.
How Could it Have Been Prevented During Delivery?
The easiest way is to have a c-section. Most of the causes of a cephalohematoma in an infant are because of delivery complications, including:
- Babies that are too large
- Wrong use of birth-assistance devices
- Weak or ineffective contractions
- Multiple births
- Abnormal position of the baby
If a doctor doesn’t offer you the option of a cesarean section, especially when these conditions arise or if they use forceps or a vacuum extractor, they may have broken the standards of care. Let our attorneys find out if they did.
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How We’ll Prove Medical Malpractice for Infant Cephalohematoma
To prove your case, we must show the insurer or the court four components of medical malpractice that show the defendant is liable for causing the injury. The four parts are:
- Was there a medical relationship between the infant and the defendant? Usually, we will sue both the person who caused the harm and their employer.
- Did they break the standards of care and create a dangerous situation for your baby, like failing to diagnose a complication or squeezing too hard with forceps?
- Did that break of the rules cause your child’s injury?
- What happened to the child and your family because of the injury?
Proving these four things is the primary job of your attorney. If we can prove all of them, you have a case and deserve compensation. From there, your Delaware infant cephalohematoma attorney will negotiate the value of your case to get you the most compensation possible or take the insurer to court if they refuse to pay what you’re owed.
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Delaware’s Rules on Malpractice Cases
Delaware has some legal rules you need to know about before you proceed with a lawsuit. First, there are no damage caps for malpractice cases. You are free to pursue the full cost of your damages.
To sue, your attorney must file an affidavit of merit with the court. This is sworn testimony from a medical expert that states there is a reason to assume malpractice in your case. This means you may need to take your child to another doctor for an examination.
If the insurer tries to claim that you shared some of the blame for your child’s injuries and a court agrees, your percentage of fault will reduce your compensation by that much. As long as that percentage is 50% or lower, you can still collect. If it’s above, you cannot.
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What Is the Deadline for Filing a Malpractice Lawsuit for an Infant in Delaware?
The normal statute of limitations, the deadline for filing a lawsuit for malpractice in Delaware is two years after the injury. However, it is different if the patient is younger than six. Here, you must file within two years of the date of the injury or by the child’s sixth birthday, whichever is later.
Cephalohematomas clear up in a few weeks, so delaying your case is not a wise decision. It’s better to speak with a lawyer as soon as possible. The sooner you start, the easier it will be for your infant cephalohematoma attorney in Delaware to preserve evidence in your case.
Get Help for Your Baby’s Infant Cephalohematoma Case
Don’t brush off a bump on your newborn’s head. It may be a cephalohematoma that needs medical attention, and it could be a sign of deeper brain damage. Get your child examined if you are unsure. If a doctor finds trauma that caused your child’s bump, you have a potential malpractice case.
Contact an experienced Delaware infant cephalohematoma attorney today by calling or emailing the Birth Injury Lawyers Group. Your initial consultation is free and without obligation. If you hire one of our lawyers, you will owe them nothing unless you win your claim. Get answers about what happened and your legal options. Call today.
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