Infant Brain Damage

How Do Infants Get Brain Damage?

Infant Brain DamageThere are a number of medical errors that can lead to infant brain damage. Physical trauma during or after a birth can damage a baby’s still-developing brain, and can result from a doctor’s improper use tools like forceps, or the baby’s head striking against something during delivery. The infant being deprived of oxygen because of problems with the umbilical cord, the placenta or the mother’s low blood pressure can also contribute to brain damage. Vaginal, intestinal and other infections in the mother, as well as jaundice, can lead to a baby’s brain being damaged as well.

Read more about how infants may suffer from brain damage here.

What Are the Symptoms of Infant Brain Damage?

Brain damage in infants can manifest in a number of different ways. Infants may suffer from delays in their speech development and problems with sensory input to their eyes and ears. An infant’s head can suffer abnormalities such as misshaped facial features or a protruding forehead, and changes in temperament and personality can also take place after a brain injury.

Although these symptoms do not alone signify your child has brain damage, you should always consult with a doctor to determine if there is an injury present. Learn more about how to identify the symptoms of infant brain damage here.

What Treatments Are Available?

Treatments for infant brain damage may include surgery, rehabilitation for cognitive changes, physical rehab and medication. Doctors may begin treatment at the time the injury occurs to reduce swelling and/or bleeding if the symptoms are readily apparent. Read more about treatments that may be available to help your infant recover from brain damage here.

What to Do If Your Infant Suffers a Brain Injury

Brain Injury from BirthThe first step to justice and compensation for your child’s brain injury is to talk to a lawyer. Your attorney will help you to understand the legal and medical terms involved in your case and fight for you and your child’s rights in court.

The Brain Injury Law Center has won multimillion-dollar verdicts on behalf of brain injury victims and their families. We have experience handling infant brain damage cases. For example, we obtained $2.2 million for a Louisiana family after an infant suffered a brain injury during surgery.


What is the difference between a head injury and a brain injury?

A head injury does not necessarily preclude an injury to the brain, and your baby may fall and suffer a bump, bruise or cut with no further trauma. The head injury must directly impact the brain to inflict damage on it.

What kinds of situations lead to birth injury lawsuits?

A doctor failing to reasonably assess and respond to complications during a mother’s pregnancy or delivery can present a good case for birth injury lawsuits. A mother being irresponsibly advised to take certain prescription or medication can also be cause for an infant brain injury lawsuit.

Will a lawsuit always be successful if a baby is harmed through a birth injury?

Because some birth defects may be unavoidable, not all birth injury lawsuits will be successful. Your infant brain damage attorney will seek to determine if medical providers or a pharmaceutical company provided improper care or medication that caused harm to your infant.

In a lawsuit for birth injury, how does a jury determine if a doctor’s actions were within the standards of good medical practice?

If the case goes to trial, the jury will hear testimony from experts, typically physicians, on whether they believe your doctor provided medical care below the standard of acceptance. Their decision will be primarily based on this testimony.

What type of financial support can I get?

An infant brain damage lawsuit can provide you with compensation for:

  • Medical bills
  • Medical-related expenses
  • Rehabilitation
  • Lost wages
  • Future treatments
  • And more

Who will receive money after a successful lawsuit for a birth defect (or injury)?

Damages for an avoidable brain injury will typically be awarded to the child injured, sometimes in the form of a trust fund. In certain cases, emotional distress damages may be awarded to the parents as well.

How long do I have to file a birth injury lawsuit?

There is a two-year statute of limitations on birth injury lawsuits from the time the injury is diagnosed. It is critical that you file your lawsuit before the time limitation expires to help ensure your case makes it to court and your family receives the proper compensation.

How long does a suit last?

The time frame for a birth injury lawsuit will vary depending on different factors of the case, such as the severity of the injury, testimonials and the court’s schedule. Cases may take months all the way up to a year, and sometimes more. Immediate compensation for your medical bills will be provided once the case is closed, but you may need to wait for additional damages depending on the circumstances of the case.

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