Brain hemorrhages may occur in newborns and can cause permanent, long-lasting, or even fatal health conditions. In some cases, a newborn’s brain bleed (another term for a hemorrhage) could be caused by failures by one or more medical professionals.
Medical malpractice is a common phenomenon in the United States. Johns Hopkins Medicine reports that medical errors cause more than 250,000 deaths in the United States each year. Even when medical errors are not fatal, they can affect the course of the victim’s life, as well as the lives of those who care for them.
If your newborn has suffered a brain hemorrhage, then you and the child have experienced significant trauma. A lawyer from our team may hold liable parties accountable through a lawsuit or insurance claim.
For a free case review, call the Birth Injury Lawyers Group today at (800) 222-9529. You may be occupied with developments related to your child’s health or may be coping with the loss of your child. A newborn brain hemorrhage lawyer can be beneficial in pursuing justice.
For a free legal consultation, call 1-800-222-9529
Who Can I Sue for a Newborn Brain Hemorrhage?
You may sue multiple parties for a newborn brain hemorrhage. Ultimately, the specific circumstances that led to your newborn’s brain hemorrhage will impact who you and your lawyer decide to sue.
Some possible defendants in your lawsuit include:
● Reflexes that are abnormally active or delayed
● Problems with balance
● Difficulty walking, which may be accompanied by abnormal modes of walking
● Cognitive problems including but not limited to learning disability
● Speech-related challenges
● Issues swallowing normally
It may be traumatic for you to realize your child could experience some or all of these symptoms. Your child may also live a life that is different from the one you envisioned. Parents of children with cerebral palsy may:
● Have to pay extra for educational accommodations
● Need to hire full or part-time caregivers
● Need to change their professional plans to care for their child
● Suffer emotional distress
Anyone who has liability for your child’s hemorrhage could be responsible for helping pay for the losses you and your child have experienced. They may also be liable for your future losses.
Call the Birth Injury Lawyers Group today at (800) 222-9529 for a free discussion about hiring a newborn brain hemorrhage lawyer from the Birth Injury Lawyers Group.
Newborn Brain Hemorrhage Lawyer Near Me 1-800-222-9529
What Evidence Do I Need To File a Newborn Brain Hemorrhage Claim?
Every brain hemorrhage is different, and a lawyer can tell you what evidence you may need to file your newborn brain hemorrhage claim. There is no single type or amount of evidence that you need to file your claim, though, as evidence may vary from one lawsuit to another.
There is a process for proving that a newborn brain hemorrhage is the result of medical malpractice. Your lawyer may need to:
- Show that you had a doctor-patient relationship with the medical professional who is liable for your child’s injuries
- Show that the medical professional owed you and your child a duty of care
- Establish that the medical professional’s negligent conduct contributed to your child’s brain hemorrhage
- Prove that your child, and perhaps you, have suffered losses because of the medical professional’s negligence
While a certain type of evidence may not be absolutely necessary, your lawyer will want to have evidence to support your case. Some ways that your lawyer may support your newborn hemorrhage lawsuit are:
● Through any witness testimony that indicates a doctor did not do everything possible to protect your child
● Through expert analysis of the doctor’s actions and shortcomings
● With documentation of your child’s hemorrhage and related injuries
Your lawyer will make your case with the best evidence and documentation available to them. This may be enough for you to collect financial coverage for your losses and your child’s losses.
Can I Sue a Hospital for a Newborn Brain Hemorrhage?
You can sue a hospital for a newborn’s brain hemorrhage, so long as a hospital has liability for your newborn’s injury. Hospitals and other types of medical facilities may be liable for any malpractice that occurs within its confines. Therefore, a hospital may be liable for:
● A doctor’s negligence
● A nurse’s negligence
● The negligence of anyone employed by the hospital
● The negligence of any non-employee who the hospital allows working on its premises
In some cases, hospital leadership’s negligence may cause a birth injury. The hospital where you gave birth may have:
● Failed to provide a doctor with adequate equipment to complete a successful delivery
● Failed to maintain adequate safety conditions
● Failed to employ qualified staff
● Allowed a medical professional who was not qualified or impaired to operate on its premises
Even when hospitals are not negligent, they may still be liable. Medical facilities may understand that they are liable for events that occur within their property. This is one reason why, as the U.S Government Accountability Office (GAO) explains, hospitals spend a significant amount on liability insurance.
Your lawyer can determine whether a hospital’s insurance is applicable in your case. Your lawyer may rather advise that you sue the hospital as part of a lawsuit.
The hospital or medical facility where your child’s injury happened may be one of multiple defendants in a medical malpractice lawsuit. A facility where you received prenatal care could be similarly liable.
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How Is Pain and Suffering Calculated in a Newborn Brain Hemorrhage Case?
Lawyers may generally use one of two methods to calculate pain and suffering in a newborn brain hemorrhage case.
These two methods are referred to as:
● The per diem method
● The multiplier method
The per diem method refers to your lawyer assigning a per-day cost to your pain and suffering. The time period may be different depending on the case. Your lawyer may then determine the amount of time your pain and suffering last to figure out the total cost of your pain and suffering.
Your lawyer may multiply your economic damages by a number between one in five with the multiplier method. The number that they choose to multiply by should reflect the severity of your pain and suffering.
Your lawyer could have multiple reasons for selecting a specific means of calculation. Their reasoning may include:
● Generally accepted practice for birth injury lawsuits
● The specific nature of your losses, including your pain and suffering
● Their past experience with calculating pain and suffering in birth injury cases
Different birth injury cases may call for different approaches to calculating pain and suffering. Whatever method your lawyer chooses, they will aim to get compensation for:
● The trauma that your child experienced because of their injuries
● Future hardship that your child may experience
● Your trauma as a parent
● Any psychological conditions, like depression that you experienced because of the traumatic experience
Your lawyer will explain any decisions they make regarding pursuing compensation for your pain and suffering.
What Damages Can I Collect for a Newborn Brain Hemorrhage Case?
Damages that you can collect for a newborn brain hemorrhage case will vary from one victim to another. Ultimately, your recoverable damages will depend on the losses that you and your child experience.
Some of your damages may have already occurred. These may include:
● The trauma that your child suffered as their injury occurred
● The trauma that you suffered during a traumatic delivery
● The cost of medical care to treat your child’s hemorrhage
● The cost of medical care that resulted in your child’s hemorrhage
Your child may have symptoms that cause ongoing damages. These may include:
● Future pain and suffering
● The cost of hiring a caregiver for your child
● Income you lose if caring for your child prevents you from working temporarily or permanently
● Your child’s loss of opportunities in life because of their injury symptoms
The AJOG explains that hemorrhages can cause conditions like cerebral palsy. This and other potential symptoms of a newborn hemorrhage may change the course of your child’s life, as well as yours. In some ways, their injury symptoms could diminish the quality of life for both you and your child.
Your lawyer will calculate the cost of both economic and non-economic damages. They will pursue financial coverages for both types of damages through a settlement.
Call the Birth Injury Lawyers Group today at (800) 222-9529 for a free consultation. One of our newborn brain hemorrhage lawyers will work to secure justice for you and your child.
What Is the Average Settlement for a Newborn Brain Hemorrhage Lawsuit?
The average settlement amount for newborn brain hemorrhage lawsuits is not public information. Out-of-court settlements are not generally entered into the public record. For this reason, it may be impossible to determine what the true average settlement for newborn brain hemorrhage lawsuits is.
This is not a problem for either you or your lawyer because:
● Your losses and your child’s losses will be completely independent of the losses of others
● Settlements agreed to in previous newborn brain hemorrhage lawsuits have no bearing on the settlement that your lawyer may reach
Even if your lawyer could access settlement figures for prior cases, they may not have much use for such figures.
In order to set a monetary target for your settlement, your lawyer will:
● Calculate the cost of your and your child’s pain and suffering
● Determine the cost of medical care to treat your child’s hemorrhage
● Project the cost of losses that you and your child may experience in the future
● Set a value for all other damages that stem from your child’s injury
Your lawyer will determine which defendants are responsible for the losses you have suffered and may suffer in the future. With this information, your lawyer will enter settlement negotiations and emerge with the compensation you deserve.
How Long Does It Take To Settle a Newborn Brain Hemorrhage Case?
How long it takes to settle a newborn brain hemorrhage case will depend on various factors specific to each case. Every brain hemorrhage and resulting litigation is subject to unique circumstances, so there is no way to state accurately how long it will take to settle a specific case.
There may be several factors that impact the duration of a specific newborn brain hemorrhage case. These factors may include:
● The amount of time required to gather evidence, identify liable parties, and collect documentation of the victims’ losses
● Whether insurance companies, attorneys, or others engage in stall tactics during a claim or lawsuit
● Whether the attorneys for defendants in your case engage in negotiations in good faith
● Whether your lawyer is successful in negotiating a settlement
● Whether your case requires a trial
Even if two cases follow a similar route to completion, they will not take precisely the same amount of time.
Your lawyer may be able to provide updated timelines as your case progresses. Though they may not be able to state for certain when your case will be resolved, they may sense from negotiations and other indicators whether your case will require a trial or not.
Regardless of how long your case takes, the process of seeking compensation may be worthwhile. Your lawyer may recover compensation to cover the losses caused by your child’s hemorrhage.
How Is Negligence Proven In A Newborn Brain Hemorrhage Claim?
Proving negligence for a newborn brain hemorrhage claim may follow the general pattern for proving medical malpractice. A lawyer from our team may prove medical malpractice by:
- Establishing the doctor-patient relationship between the victim and the at-fault medical professional
- Explaining that medical professionals owe their patients a duty of care
- Proving that the medical professional breached their duty of care to their client
- Showing that the breach of duty of care led to a newborn brain hemorrhage
This is the core argument for negligence in the case of medical malpractice. Once one of our lawyers makes this argument, they will explain how the medical professional’s breach of duty of care caused the victims and their child’s losses.
Our team may also prove liability in your case through other standards. Vicarious liability may make a hospital or other type of facility responsible for negligent care.
Entities that may be liable for a medical professional’s actions are:
● Prenatal care providers
● Other types of medical facilities
A lawyer from the Birth Injury Lawyers Group will identify each liable party. They will determine why those parties are liable and provide supporting documentation. They will also determine what share of your losses each liable party is responsible for.
Your lawyer may advise a different legal approach for each client. Two options for seeking justice are:
● Insurance claims
Either option may result in compensation for you and your child.
Can I Sue for Future Medical Expenses and Long Term Care?
You can sue for future medical expenses. You can also sue for long-term care for your child. The cost of these expenses will depend on the prognosis for your child’s injury symptoms.
The cost of your child’s future care could reach six figures. Your child’s future healthcare expenses may include:
● Continuous doctor’s appointments
● Occupational, physical, and speech and language therapy
● Essential medications
● In-home medical equipment
● A vehicle that can accommodate a wheelchair
● A full-time or part-time caregiver
Your child may be financially dependent throughout their life. They may not be able to hold a full-time job or live on their own. Therefore, the costs of caring for your child may persist into their adulthood.
The journal Public Health Reports examined the cost of raising a disabled child. These costs include:
- The direct financial costs of healthcare and other expenses
- The time-cost of you having to care for your child rather than working
- The cost of hiring a full-time caregiver
As a parent, you may be eligible for compensation for your long-term costs. You may bear the financial expense of raising your child. You may also be unable to pursue certain professional paths because of your child’s needs. This may come at a real cost, and our team may pursue compensation for that cost.
Every child and parent suffer different losses from a newborn brain hemorrhage. A newborn brain hemorrhage lawyer from our team can identify your damages and place a fair value on the compensation you and your family deserve and will need.
Call the Birth Injury Lawyers Group today at (800) 222-9529 for a free case review.
Who Owes a Legal Duty of Care for a Newborn Brain Hemorrhage?
Medical professionals administering services in an officially sanctioned setting owe you a duty of care. If you gave birth in a hospital or other type of medical facility, these professionals might include:
● Executives employed by the medical facility
● Medical assistants
● Other medical staff
They also owed a duty of care to your child. The team at the Birth Injury Lawyers Group will determine whether anyone violated their duty of care.
Negligence is generally the standard for determining malpractice. A medical professional or executive may be guilty of negligence if:
- Their position meant that they owed you and your child a duty of care.
- They breached that duty of care in some way.
- Their breach of duty of care caused your child’s injury.
- Your child (and you) suffered harm because of the injury.
The American Bar Association (ABA) explains that someone does not have to be intentional to be negligent. They simply have to act in some way that is not reasonable.
A lawyer from the Birth Injury Lawyers Group will explain the concept of duty of care as it applies to your case. A violation of the duty of care looks different for every victim.
They will determine the losses caused by the breach of duty of care. They will then file a claim or lawsuit with the goal of securing a recovery for you and your child.
How Soon After a Newborn Brain Hemorrhage Diagnosis Should I Contact a Lawyer?
You can contact a lawyer’s team as soon as possible after a newborn brain hemorrhage diagnosis.
By calling the Birth Injury Lawyers Group as soon as you can, you may:
● Learn of crucial deadlines related to your case
● Have our team take over communications for your case
● Gain access to our team’s resources
● Have a lawyer start your case for financial recovery
● Be able to return to important matters like your child’s health
There could be certain risks in waiting to contact our team. Without a lawyer, you may be vulnerable to:
● Unwanted contact by other attorneys
● Attempts to have you accept an unfair settlement offer
● Manipulative tactics by insurance companies
● Violation of your rights
There is no reason to wait to call our team. A consultation costs nothing. A lawyer from our team may be able to review your case shortly after your consultation.
There are numerous benefits to hiring a lawyer. Without a lawyer, you may have two choices. One, you may choose not to pursue compensation. Or you may choose to pursue compensation on your own.
Choosing not to pursue compensation could leave you responsible for substantial medical costs. Pursuing compensation on your own may cause significant stress and may not yield the result that you hope for.
How Can a Lawyer Help with A Newborn Brain Hemorrhage Claim?
A lawyer from our team will help with your newborn brain hemorrhage claim by overseeing your case from start to finish. The benefits that one of our lawyers brings to your case include:
● Their knowledge of personal injury lawyer
● Their specific knowledge of medical malpractice claims
● Any experience they have in the courts where your case is being filed
● The resources that our team offers
Our team will handle your insurance claim or lawsuit so that you do not have to. These cases can be complex and contentious. While you focus on your child’s health, our team may:
● Determine why your child’s hemorrhage occurred
● Secure supporting documentation of your child’s injuries
● Obtain witness accounts of malpractice
● Organize expert testimony
● Calculate the value of your losses
● Calculate the value of your child’s losses
Having completed these steps, your lawyer can negotiate a settlement. During the negotiation process, your lawyer will:
● Communicate how harmful your child’s injury has been
● Explain what your future losses are likely to be
● Reject any lowball compensation offers
● Provide evidence for your existing and future losses
Defendants in your case may want to avoid a trial. They may eventually agree to a settlement, and your lawyer will work to ensure that the settlement is a fair one.
A primary benefit of hiring a lawyer is that you do not have to worry about your insurance claim or lawsuit.
Can I Sue a Doctor Without Medical Malpractice Insurance?
Yes, you can sue a doctor without medical malpractice insurance. In fact, a lawsuit may be your only clear option for obtaining compensation from an uninsured doctor.
Specific state statutes may determine whether a doctor has medical malpractice insurance. Some states require doctors to have some amount of insurance. Others may allow doctors to forego insurance for various reasons.
Our team will review your case. They will explain whether you have grounds to sue an uninsured doctor. In cases where insurance does not apply, a medical facility and other parties could also be liable for malpractice.
You may decide to sue even if an at-fault party has insurance. Your lawyer may advise suing because:
● Insurance does not provide sufficient coverage
● Circumstances void insurance coverage
● Insurance companies will not agree to a fair settlement
Insurance regulations and applications may vary from state-to-state. Individual policies may also differ drastically. Hiring a lawyer who is knowledgeable about insurance coverage, medical malpractice lawsuits, and related issues could be helpful.
If you pursue a lawsuit against an uninsured doctor, then you may receive coverage from:
● Their personal assets
● The assets of their business
● The assets of a defendant who is liable for the doctor’s malpractice
A lawyer from our team can explain your options for seeking compensation. Different clients have different needs after a newborn brain hemorrhage, and our team will diagnose your case on its own merits.
Call the Birth Injury Lawyers Group Today
You did not anticipate your child’s birth injury. You and your child may still be facing the trauma of their brain hemorrhage, but you may have a limited window for pursuing financial recovery. The Birth Injury Lawyers Group can help.
A lawyer from our team can defend your rights. They may also be able to recover compensation for losses such as:
● Past and future medical costs
● Lost wages, both for you and your child
● The cost of medical equipment for your child
● The pain and suffering of both you and your child
Our team will work with you to identify any additional losses.
Birth injury cases can be complicated. Our team will deal with the ins and outs of your insurance claim or lawsuit, not stopping until we secure a resolution.
The Birth Injury Lawyers Group will provide an attorney licensed in your region. They may understand prevailing laws and regulations. They may also have completed newborn hemorrhage lawsuits successfully for other clients.
Act quickly to contact our team. Calling us costs nothing and is key to starting your case. For a free case review, call the Birth Injury Lawyers Group today at (800) 222-9529.
A newborn brain hemorrhage lawyer from the Birth Injury Lawyers Group will fight for the financial recovery you deserve.