A study by the University of North Carolina at Chapel Hill found that about 26 percent of vaginally born newborns have some form of bleeding in or around their brains. This finding of how common newborn brain hemorrhages are surprised some people, as the general belief is that these injuries are rare.
However, these findings do not account for the severity of brain hemorrhages. The findings stated that “most” of the documented hemorrhages were “small and probably resolved quickly.” More serious hemorrhages like the one your child may have suffered could be significantly rarer.
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Your Child’s Hemorrhage May Be Uncommon
Certain risk factors could put a given newborn at high risk of suffering a hemorrhage during childbirth or shortly after delivery.
Risk factors for newborn bleeding may include:
- The use of forceps during delivery, which the Journal of Reproductive Medicine explains, may be associated with hemorrhage
- Premature birth, which the journal Current Medicinal Chemistry notes, might be a significant risk factor for hemorrhage
- Newborns delivered during a stressful childbirth process
- Newborns with any biological issues that could increase the risk of a hemorrhage
If your child was not in a high-risk group, their hemorrhage might not be considered typical. If they were in a high-risk group, the doctors who oversaw your pregnancy and delivery may have reasonably:
- Diagnosed specific conditions that put your child at risk of a brain bleed
- Acknowledged the potential that your child would suffer a hemorrhage during or after delivery
- Tailored their actions and decisions during delivery based on the potential of your child suffering a hemorrhage
- Had multiple plans in place in case your child started bleeding in the brain
A medical malpractice lawyer from our firm can determine what failures may have led to your child’s birth injury.
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Your Lawyer Will Lean on Experts in the Medical Field
It may take a medical expert to understand how common newborn brain hemorrhage is under the circumstances you experienced. Your newborn is a unique individual, and their health profile must be considered when evaluating the presence of malpractice.
A lawyer from our firm can rely on experts who understand:
- When a newborn brain hemorrhage might be unavoidable
- When a newborn brain hemorrhage is preventable
- What actions doctors may take to minimize the risk of a newborn brain hemorrhage
- Actions that could directly cause a newborn brain hemorrhage
Your lawyer can help you determine whether you and your child are victims of medical malpractice. However, one or more medical experts could play a crucial role in helping your lawyer interpret medical jargon and recognize negligent behavior.
A Lawyer from Our Firm Will Look for Signs of Negligence
The American Bar Association (ABA) suggests that a medical professional may be negligent if they did not take reasonable action to prevent a newborn brain hemorrhage. A lawyer from our firm will look for signs that a medical professional or other defendant was negligent.
Some actions that might qualify as negligence include:
- Failure to accurately diagnose a condition before your child’s delivery
- Failure to use reasonable care during childbirth
- Failure to take all steps to prevent a hemorrhage after your child’s delivery
- Failure to order tests that may have detected or prevented your child’s brain bleed
If you choose to pursue a medical malpractice lawsuit, your lawyer will argue that one or more defendants were negligent. They may make this argument by:
- Establishing that the medical professional (or another defendant) owed you and your child a duty of care
- Showing that the defendant failed to abide by their duty of care
- Connecting the defendant’s breach of duty of care to your child’s injuries
This argument may lead to your lawyer showing the losses you and your child have experienced due to medical malpractice.
You May Be Owed Compensation for Medical Malpractice
You could recover compensation for medical malpractice that caused a newborn brain hemorrhage. Your covered losses may include:
- Your child’s pain and suffering
- Your own pain and suffering
- Medical bills related to your child’s injury
- The cost of long-term medical care for your child
- Losses stemming from the death of your child
No matter your newborn’s current medical state, you may be entitled to compensation for the losses that you and they have suffered.
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Call the Birth Injury Lawyers Group Today
You may be preoccupied with your newborn’s recovery or the process of grieving a death. However, keep in mind that time is an important consideration when it comes to pursuing financial justice. A lawyer from our firm and their team can work on your case while you focus on health and wellness issues.
Get help today. For a free case review, call the Birth Injury Lawyers Group at (800) 222-9529.