Birth Injury: Brain Damage
Did you recently give birth and suspect your newborn has suffered brain damage or a birth injury? It is essential to be aware of different signs that could indicate negligence occurred.
When your infant is injured due to another’s negligence, you could have grounds to take legal action and seek monetary compensation for their brain damage or birth injury. Ensuring you receive the compensation you deserve requires assistance from the birth injury lawyers at Bachus & Schanker.
Introduction to Personal Injury Claims
Everyone knows that after a car accident, you can try to file a personal injury claim and recover compensation through a driver’s insurance policy. However, many other types of accidents are often covered through insurance.
Some of the types of injuries a lawyer might be able to help you recover compensation for include situations that involve:
- Motor vehicle accidents
- Slip-and-fall accidents
- Defective products
- Dangerous drugs
- Medical malpractice
- Work injuries
- Dog bites
- Sexual assault
- Nursing home abuse
- Wrongful death
Anytime you’re left with medical expenses, lost wages, or other serious consequences
Understanding Personal Injury Law
When someone commits a crime, they face criminal charges, go to court, and receive a sentence. The criminal justice system exists to enforce the laws and hold people accountable for breaking them. Unfortunately, criminal courts don’t do much to help the victims of crime.
When someone’s actions cause injury to another, civil law is the court system that allows victims to pursue justice. In most personal injury cases, the first step is attempting to recover compensation through insurance. However, if an insurance company won’t settle or policy limits can’t sufficiently compensate the injured individual, you can file a personal injury lawsuit in civil court.
A personal injury case can lead to both civil and criminal court proceedings. For example, sexual assault and drunk driving are two types of incidents that involve breaking the law. In these cases, the responsible person can be held responsible in both civil and criminal courts.
Initial Steps After an Injury
How you respond immediately after an injury can significantly impact your ability to recover personal injury compensation. Initial steps you should always take in the aftermath of an injury include:
- Reporting the accident
- Documenting the scene of the accident
- Documenting your injuries
- Obtaining witness contact information
- Seeing a doctor
- Following all medical advice
- Calling a personal injury lawyer
Police reports, medical documents, and evidence all help strengthen your claim. Following these steps helps protect you from liability and ensures your lawyer has the evidence they need to build a successful case.
Determining Liability
Liability is a foundational concept in personal injury law. Before obtaining compensation for an injury, you need to determine liability. A successful personal injury case requires proving that the other person’s actions amounted to negligence. This is a legal concept that a lawyer demonstrates by showing:
- The other person or company owed a duty of care
- They violated that duty
- You were harmed as a direct result
- You can provide proof of the harm
Personal injury law is founded on the concept that all individuals owe a duty of care to others. For example, drivers must exercise vigilance and obey traffic laws. How a lawyer proves negligence depends on the type of personal injury case and the circumstances that led to your injuries.
Role of Insurance Companies
Since most personal injury compensation comes through an insurance claim, dealing with insurance companies is an unavoidable part of the claims process. Unfortunately, insurance companies work hard to reduce payouts. Often, these companies use tactics designed to trick unsuspecting individuals into making statements that can be interpreted as admissions of fault.
Anything you say can be used against you by an insurance agent. Unfortunately, once you make a statement to an insurance company, you can’t take it back. Personal injury lawyers know about insurance tactics and protect their clients from them.
When you hire a lawyer to work on your personal injury claim, they’ll handle all the paperwork and communicate on your behalf. This helps ensure you’re protected from insurance tactics and that all documentation is submitted correctly and on time.
Filing the Claim
When you first hire a personal injury lawyer, they’ll begin a full investigation into your case. At this stage, your lawyer has two goals — to prove negligence and establish case value.
To prove negligence, a lawyer will investigate the accident and collect as much evidence as possible to show how the other person’s negligence led to your injuries. They’ll also collect evidence of medical bills, lost wages, and any other costs related to your accident. A lawyer uses this evidence to identify your case value or how much money you should recover from the insurance company.
Finally, a lawyer will submit a claim to the insurance company. If it’s accepted, they’ll begin negotiating your settlement.
Negotiating a Settlement
Negotiating a settlement is the process of identifying how much an insurance company will pay for your claim. You need a skilled personal injury attorney to negotiate on your behalf to recover a fair settlement.
Insurance companies have teams of skilled corporate lawyers working to keep claim payouts small. The negotiation process can take time, but an experienced personal injury lawyer won’t agree to a settlement until the offer is fair, given your injury costs.
Litigation Process
The personal injury legal process often ends at the negotiation stage. However, in some cases, negotiation doesn’t have a successful ending. Sometimes, an insurance company tries to deny responsibility or won’t offer a sufficient settlement. Your final option is to file a lawsuit and take the case to court for a verdict.
If your case goes to court, your personal injury lawyer represents you and keeps you updated on how the case is proceeding. Lawsuits often make a case take longer, but skilled trial attorneys usually recover more compensation than you would have received through negotiation alone.
Compensation in Personal Injury Claims
Personal injury damages are composed of costs and losses in a few different categories. Economic damages compensate for the injury costs that have a dollar value. Examples of these include:
- Medical bills
- Therapy costs
- Surgery costs
- Medical device costs
- Attendant care costs
- Lost wages and benefits
- Funeral and burial costs
If your injuries are permanent, you can also recover compensation for future medical costs and future wages you would have earned if the accident had never occurred.
You can also recover non-economic damages for serious injuries. This provides you with compensation for the mental and emotional impact of the injuries. Examples of these include:
- Pain and suffering
- Emotional anguish
- Diminished quality of life
- Embarrassment and humiliation
- Scarring and disfigurement
- Loss of companionship
In some personal injury cases, you may also recover punitive damages through a court order. These are awarded in addition to compensatory damages in cases involving extreme negligence or intentional harm.
How the Personal Injury Lawyers at Bachus & Schanker Can Help You
The experienced personal injury lawyers at Bachus & Schanker have a reputation for being leaders in Colorado personal injury law. Our award-winning trial attorneys have recovered over $1 billion in settlements and verdicts for the injured clients we represent.
Our Elite Litigation Group places a special emphasis on catastrophic injury and wrongful death. We understand the devastating impact these types of accidents have on victims and their loved ones. Our team prioritizes compassionate support for victims at every stage of the legal process.
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What is a brain injury at birth?
A brain injury at birth is when a newborn experiences an injury during the birthing process. The most common birth injury is brain damage which can be caused by:
- Bacterial or Viral Infections
- Kernicterus or Jaundice
- Insufficient Oxygen/Oxygen Deprivation
- Physically Injured During Delivery
While some newborns can recover from minor injuries, other children are not so lucky. They can experience learning disabilities and other chronic medical conditions that can last their entire lifetime.
How can a baby receive a brain injury at birth?
A baby can receive a brain injury at birth for various reasons. It is essential to remember each infant’s injuries can occur for different reasons. As such, each birth injury claim is unique to the specific child. Keeping this in mind, some of the more common causes of brain injuries at birth include the following:
- The mother is obese. Excess weight can increase the risk of birth injuries because infants are delicate and easily injured.
- The baby is born prematurely. Premature infants are not fully developed and are even more fragile than full-term babies.
- The baby is considered large. Some babies can become quite big before birth, weighing nine pounds or more. It is more difficult for a larger baby to come through the birth canal, which could lead to injuries.
- The mother’s birth canal has an insufficient shape or size. When possible, the baby should be delivered by cesarean section (c-section) to reduce the risk of injury. However, that is not always possible, and the baby could be injured.
- Difficult or Hard Labor – When labor is considered difficult or hard or goes on for an extended period, it can create concerns about whether the baby is still safe.
- The baby is breech. This condition is where their feet will come out first during birth, which can increase the risk of injury. Some doctors will also attempt to turn the baby and cause injuries in the process.
- Excessive force during delivery. Removing the baby from the birth canal or during a c-section sometimes results in doctors using excessive force that can cause injuries.
- Forceps or vacuum extraction was used during delivery. Misusing forceps or using too much pressure during a vacuum extraction can injure a newborn.
What is the difference between a birth defect and a birth injury?
Some people mistakenly assume birth defects are the same as birth injuries, especially when the infant experiences brain damage. However, birth defects are various conditions that develop as the baby grows.
Birth defects can be caused by the mother’s behavior, such as drinking, using drugs, or smoking. They can also be caused by pre-existing medical conditions, such as diabetes or obesity.
In addition, a family history of birth defects can increase their risks. Even having a bacterial or viral infection before birth could cause a birth defect. Furthermore, a woman giving birth at an older age could result in birth defects.
A birth injury, or birth trauma, is defined as “an impairment of the neonate’s body function or structure due to an adverse event that occurred at birth,” according to the National Vital Statics Report. Birth injuries are caused due to some form of mechanical or outside force during birth and range in severity.
What are common causes of medical negligence brain injuries?
Medical negligence occurs when a healthcare provider fails to provide the quality and standard of care the patient deserves, makes a grievous error, or fails to act to prevent potential injuries. Some examples of medical negligence that occur during birth and that could result in brain injuries for the infant include:
- Pre-birth errors or mistakes that lead to complications during delivery.
- The incorrect use of medical instruments before or during birth.
- Failure to monitor and manage a difficult pregnancy correctly.
- Not monitoring the oxygen levels of the infant during birth.
What are common types of brain injuries?
The four common types of brain injuries that can occur during birth include:
- Cerebral Dysgenesis – Cerebral dysgenesis rarely occurs as the result of a birth injury. This condition usually occurs before birth when the brain does not develop and grow correctly and can cause cerebral palsy.
- Periventricular Leukomalacia – This type of brain damage occurs when a baby is premature. Sections of brain tissue die and leave holes in their place. The Infant can experience developmental problems, learning disabilities, and nervous system problems.
- Hypoxic Ischemic Encephalopathy – This brain injury occurs when the brain is not receiving sufficient oxygen. When an infant experiences this brain injury, it can be permanent and cause cerebral palsy, cognitive functioning problems, and developmental disabilities. The extent of the damage is related to how long the brain did not receive sufficient oxygen.
- Intracranial Hemorrhage – An intracranial hemorrhage is also called brain bleeding. When the brain bleeds, it can damage brain cells. Extensive brain bleeding can cause developmental issues and neurologic issues. Some infants could also experience seizures or epilepsy.
How do you know if your baby has brain damage after birth?
It is not always easy to notice whether your baby has brain damage after birth. However, some of the signs to look for immediately following birth include the following:
- There is noticeable bruising on the face or head.
- The head and skull appear abnormally shaped or smaller in proportion to your infant’s body.
- Your infant seems very fussy or irritable.
- Your infant’s eye movement seems abnormal.
- You notice their spine does not feel normal and seems malformed.
- The infant’s neck seems stiff or, conversely, excessively loose, so their head flops around.
- Your infant has problems eating or sleeping, or cries continuously.
- You notice your infant’s facial features seem distorted or abnormal.
As your baby grows and develops during their first few years, you want to look for other signs that could indicate they experienced brain damage during birth. These include:
- Physical developmental issues and delays, like not crawling, sitting up, or walking.
- Cognitive and learning developmental issues, like not learning how to talk, focus, or concentrate.
- Demonstrating a lack of impulse control by acting out however they want.
- Problems forming an attachment to those around them.
- Having a higher sensitivity to pain that seems unusual.
- Exhibiting the signs and symptoms of cerebral palsy.
In some cases, children may not display any signs they experienced brain damage during birth until they are a toddler. If you notice your child has problems feeding themselves, holding objects, getting dressed, or remembering things, you may want to have a doctor check for brain damage.
Can newborns recover from brain damage?
It depends on the extent of brain damage the newborn sustained. When the brain damage is mild, most children will recover. However, it can take several years of ongoing care and treatment before they fully recover.
The recovery prognosis is not as promising in cases where the newborn experienced moderate or severe brain damage. Although various treatments, physical therapy, and care can help alleviate symptoms, the brain damage cannot be reversed.
What are the effects of brain damage in newborns?
Parents need to be aware that the effects of brain damage, when not immediately noticeable after birth, can start to appear as their infant’s brain develops. Parents should watch for these signs:
- Emotional Signs – The child seems anxious, depressed, frustrated, or exhibits unusual mood swings.
- Cognitive Signs – The child has difficulties with perception, learning, and thinking.
- Communication Signs – The child is not able to express themselves verbally or using their hands.
- Physical Signs – The child has coordination problems with balancing, moving, and walking. They may also show signs of muscle problems, like not being able to grasp and hold objects.
- Behavioral Signs – The child has problems distinguishing between right and wrong and does not understand the difference between the two.
- Hormonal Signs – The child can have imbalances in hormone levels that can cause excessive weight gain or weight loss, lack of body hair, or diabetes.
- Lack of Awareness Signs – The child remains in a dazed state and is unresponsive.
Should you notice these signs, it is essential to have them diagnosed as soon as possible.
How long do I have to file a birth injury or brain damage claim?
In Colorado, the statute of limitations is only two years to file a birth injury or brain damage claim from the date the injury took place. However, if your child is the one to file the claim, they usually have two years from the date of their 18th birthday.
Should I hire a catastrophic birth injury lawyer to seek legal action?
When an infant is exhibiting signs of a birth injury or brain damage, most parents want to know the underlying causes. Unfortunately, in some cases, the negligence of a medical professional could have occurred.
Should that be the case, speaking to a catastrophic birth injury lawyer is worth your time to determine your options for taking legal action. At Bachus & Schanker, our birth and brain injury lawyers provide a free case evaluation and consultation.
Should you decide to take legal action against the responsible party, you need a law firm with the expertise to represent your interest against insurance companies and the attorneys they use to try to fight your birth injury claim.
CTA: Schedule your free case evaluation and consultation today with our catastrophic birth injury lawyers in Colorado.
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