If you get hit on the head and you get a bump, you might be annoyed but be fine. In a newborn, these bumps are another matter. These bumps don’t occur naturally. Something had to damage the blood vessels underneath the scalp. Or someone.
These bumps, known as cephalohematoma, could be a sign of medical malpractice against your infant. Get answers about what caused your child’s bump and whether you’re owed compensation by speaking with our birth injury attorneys in Dallas.
For a free legal consultation, call 1-800-222-9529
What Is Cephalohematoma?
A cephalohematoma is the classic swollen bump on the head. They happen when the blood vessels between the scalp and the skull get broken. Blood pools under the broken skin and creates a raised bump.
On their own, cephalohematomas usually clear up in a few weeks. Infants with one need regular examination by a doctor while they heal. Anemia and jaundice are potential side effects because the amount of blood an infant has is so small.
Cephalohematomas can also get infected. If your child’s bump opens up, take them to a doctor right away so the wound can get cleaned properly to reduce this risk.
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What Caused My Child’s Cephalohematoma?
All cephalohematomas are caused by trauma under the scalp. Cases of this that may be worthy of a lawsuit may have causes like:
- Vacuum extraction or forceps delivery
- A baby weighing more than 8 pounds 13 ounces delivered vaginally
- A multiple birth delivered vaginally
- Any prolonged, difficult vaginal delivery
- Epidural pain relief
- Other external trauma, like dropping a baby or setting them down too hard.
In some cases of cephalohematoma, the bump can be the first sign of deeper trauma like a skull fracture or even a brain bleed. Your child should have been taken for imaging if they developed a bump at the hospital. If they weren’t and they develop brain damage, our Dallas infant cephalohematoma doctors want to speak with you.
In rare cases, these bumps don’t go away on their own. Instead, the blood calcifies inside the bump and creates a permanent lump. Early monitoring can help prevent this from happening. However, if the bump has fully calcified, then your baby will need surgery to correct the problem.
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Is This Condition Worthy of a Lawsuit?
If you suspect that your child’s cephalohematoma was caused by a doctor’s negligence, we encourage you to contact the Birth Injury Lawyers Group. We can investigate the matter to see if malpractice caused your child’s injury.
Even if the injury is small and heals on its own, your health insurance may not be enough to cover the extra costs. Also, your baby has experienced pain and suffering because of the bump, as anyone who has experienced these bumps knows.
Furthermore, there may be deeper trauma or complications from your child’s cephalohematoma that may need compensation. In rare cases, children have developed sepsis or jaundice because of these bumps. These conditions are life-threatening and need expensive hospital stays.
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How Will You Prove Malpractice?
Any successful malpractice case must prove four things. Our primary job as your Dallas infant cephalohematoma lawyer is to prove these four things. They are:
- A duty of care existed between your baby and the defendant
- The defendant did something that broke the standards of care for a particular medical situation
- That breach caused your child’s cephalohematoma
- Your baby and your family suffered physical and/or financial damage because of what happened
Proving that your doctor broke the standards of care is the hard part. Lawyers work with medical experts to get opinions about how your baby was harmed and if your doctors could have prevented it. If they say that malpractice caused your child’s injuries, we can take that evidence and file a malpractice lawsuit.
Once we know you have a case, our lawyers will get to work to discover all the damages you and your child are eligible to receive. Both economic and non-economic damages are likely. We’ll fight the insurers to make sure you get as much as possible to cover your child’s care.
Are There Caps on Damages in Texas Medical Malpractice Cases?
Yes, there are, but only for non-economic damages according to Texas law. All the economic damages, like taking your child to doctors, surgery, and medication, can all be covered. Non-economic damages like pain and suffering have a limit.
The maximum amount you could receive is roughly $750,000. The maximum you could get from your doctors is $250,000, and each involved healthcare facility can be sued for up to $250,000, with a maximum of $500,000 among all the involved medical facilities.
These limits are adjusted for inflation each year, so it’s probable you could receive more. However, it’s not unlimited.
Punitive damages are rare in these cases, but should your case be eligible, the limit is two times the amount of economic damages plus up to $750,000 in non-economic damages. This cap is lifted if the person you harmed your baby committed a felony.
Can I Make a Claim Against the Malpractice Insurer Directly?
If you’re wondering whether you need an infant cephalohematoma attorney in Dallas to file a claim, the answer is yes. Texas and other states have put up many roadblocks to make it hard for individuals to sue for malpractice.
Texas has both a notice requirement and an expert report requirement to file a malpractice lawsuit. A notice requirement is a notification to all sued parties that a lawsuit is coming. An expert report is testimony from a medical expert that your child may have been the victim of malpractice.
These forms have very strict deadlines and procedures, plus there are deadlines for starting a case that could deny your child compensation if you wait too long. Also, even if you filed all the forms correctly, you would still have to prove negligence and know how to calculate how much your child’s case is worth. It’s far easier to work with a lawyer!
Speak With an Infant Cephalohematoma Attorney
Don’t shrug off a bump on your child’s head after birth. It may be a sign of a more serious condition, or cause one on its own if it’s not monitored. If your child develops complications from it or you believe a medical professional’s actions created it, get the answers you need from the Birth Injury Lawyers Group.
Speak with an infant cephalohematoma attorney in Dallas by calling or texting the number on your screen. You can also email us through our contact page. We will schedule a free case consultation with you with a local Dallas lawyer who can help you. Call today and see if you have a valid malpractice case.
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