Can I Sue if My Child Suffered Brain Damage During Delivery?

With roughly three of every seven infants experiencing brain damage during birth, resulting neurological deficits can cause a significant financial and emotional toll on families. While some brain injuries are unavoidable, others may be prevented with early detection and intervention. At Parham Smith & Archenhold LLC, our Greenville birth injury attorneys dedicate their professional lives to helping families impacted by medical malpractice. If your child suffered brain damage because of improper medical care, you may be eligible for compensation.

Why Does Brain Damage Occur During Delivery?

Physical trauma during the birthing process can result in your child suffering brain damage. One of the most common causes of a traumatic brain injury in newborns is a lack of blood and oxygen to the brain, a condition known as hypoxic-ischemic encephalopathy (HIE). HIE affects one in every six newborns, often associated with difficult births. Symptoms may present as difficulty feeding, irritability, and fatigue. In more severe cases, the infant may display poor reflexes, loss of consciousness, and seizures.

Medical Negligence During Labor and Delivery

A delay in performing a C-section, failing to properly interpret fetal monitoring, or the misuse of forceps can result in neurological complications. Forceps are a type of medical instrument used in difficult births that resemble salad tongs or large spoons. The “tongs” are placed around the baby’s head, helping to guide the infant out of the birth canal. Forceps should only be used by a practitioner who is trained in their use, since mishandling the instrument can result in severe injury to the baby.

Unfortunately, even in the most capable hands, forceps-assisted delivery can cause a depressed skull fracture. A depressed fracture can cause part of the skull to break off and move closer to the brain. While some fractures may heal on their own, others can cause intracranial hemorrhages (bleeding in the brain), neurological complications, and seizures. In more severe cases, the suppressed blood flow and oxygen to the brain caused by a depressed skull fracture can cause HIE.

Establishing a Medical Professional’s Negligence

While your child may have suffered harm at the hands of a physician, this is not enough for a successful birth injury claim. As in negligence committed by a layperson, you must establish that a duty of care has been breached. Unlike a layperson, a medical provider has to adhere to standard professional duties owed to a patient. This duty is measured by the steps a practitioner in the same field would have taken given the same or similar circumstances.

Evidence is key to proving that the provider breached the duty owed to your child. Once this is established, you will need to demonstrate the injuries your newborn sustained and any and all compensable losses (damages). In a birth injury claim, damages often entail medical bills that were incurred, lost income, and your newborn’s pain and suffering, to name a few. During this emotional time, the last thing you want to focus on is a medical malpractice case. By hiring counsel, you can get the help you need in gathering the necessary information to support your claim.

Reach Out to Our Greenville Birth Injury Attorneys

A newborn who experiences brain damage may require 24/7 care, never fully leading a normal life. If your child’s pain can be boiled down to a medical professional’s ineptitude, it is only fair that they pay for their wrongdoing.

At Parham, Smith & Archenhold LLC, we understand that a birth injury can encompass more than just physical injuries, also affecting a family’s financial future. If your infant has suffered a brain injury during labor or delivery, our Greenville birth injury lawyers would like to speak with you.

To schedule your free case consultation to discuss your matter, our office can be reached online or by phone at (864) 432-1796.