Newborn babies are incredibly fragile. One of the first things that people learn about holding and caring for a newborn is to be careful of their skull and to be sure not to put pressure on it. No one should be more acutely aware of the risks of brain injury and death than obstetricians and other medical professionals that deliver babies. If your doctor failed to use the proper care or skill and caused serious injury to your baby’s skull or brain, you may be entitled to file a medical malpractice lawsuit against the doctor to seek compensation for your child’s injuries.
For help with your case, contact Miami infant skull injury lawyer Prosper Shaked. Prosper Shaked Accident Injury Attorneys PA and medical malpractice attorney Prosper Shaked represent injury victims and their families and fight to get them the compensation they need for their injuries, medical bills, and future damages after birth injuries. For a free legal consultation on your case, contact us today at (305) 694-2676.
Causes of Brain Trauma and Skull Fractures During Childbirth
When a baby is born, its skull is not fully formed. In many cases, the child’s head will be somewhat misshapen so that the head passes more easily through the birth canal, and over the child’s first few days, their skull will start to reform. The skull is actually made of multiple bones which fuse and knit together into their final shape very early in the child’s life, but this leaves the brain and skull vulnerable to injury during delivery and in the child’s first month or so.
During delivery, a doctor is expected to provide care that is reasonably safe and skilled. If the doctor commits errors, there could be serious injuries to the baby and to the mother. In many cases, injuries can occur without the doctor being at fault, but many instances of skull injuries and head trauma during childbirth are caused by a doctor’s negligent care.
One cause of potential injuries is damage due to improper forceps use. Forceps are large metal tongs used to help grip a baby and pull them out during delivery. There have been many instances of injury where the use of forceps was linked to the child’s injuries or death. In some cases, forceps are wholly unnecessary, but a negligent care provider may use them anyway. Alternatively, when forceps are recommended, a negligent physician could still cause unnecessary injuries by improperly handling the forceps or accidentally pressing too hard on the child’s skull.
Since the head is the first part of the baby to come out during most normal deliveries, the doctor typically must grip the head to use forceps. This can cause minor bruising and lines, since the baby is so fragile. In some cases, these injuries are minor and do not cause lasting harm. In others, undue pressure could fracture the bones, cause serious damage to the brain, deform the skull, and cause injuries that could lead to developmental issues down the line (such as cerebral palsy). In rare cases, the injuries may be so severe that the child dies soon after being born.
Holding Negligent Doctors Liable for Infant Skull Injuries and Death
Hospitals have oversight panels to assess serious issues with doctors causing injuries and death through their medical care. In many cases, these panels can help hold doctors accountable within their medical community, but this does not help the patient who was already harmed by the doctor’s negligent medical care. In many instances, you may be entitled to seek justice by taking the negligent healthcare provider to court and filing a medical malpractice lawsuit against them.
In a medical malpractice lawsuit, you can sue your physician for healthcare that fell below the standard of care that a reasonable physician should have provided. This standard of care is usually decided on a case by case basis, and your attorney will likely need to present a medical expert to help explain the case to a jury and explain how your doctor’s care fell below those standards. To win your case, you must convince a jury that it is more likely than not that your doctor failed to use the proper care or skill, and that that failure led to your child’s injuries.
In a lawsuit for childbirth injuries, you can claim damages on behalf of your child and the injuries they faced. If your child was killed by the injuries they sustained, you may be entitled to additional damages for the loss of life.
Typically, an injury lawsuit is used to recover damages for medical expenses, lost wages, and pain and suffering. A baby who suffers serious skull and brain injuries may need substantial medical treatment both immediately after their birth and going forward throughout their life. While an infant does not have lost wages now, they might suffer permanent brain damage or physical and mental disabilities that make it impossible for them to make as much money in the future as they would have without the injury. Lawsuits can still account for these future damages, and your lawyer can help calculate them.
You may also face damages for the child’s physical pain and mental suffering related to the injury. These damages are often worse for a child who survives the injuries, as they will have to live with the effects of the injuries, such as physical pain and mental anguish.
Call Our Miami Childbirth Skull and Head Injury Lawyer for a Free Case Consultation
Prosper Shaked Accident Injury Attorneys PA’s birth injury and personal injury attorney represents victims of serious medical malpractice injuries and their families in lawsuits against the doctors that harmed them. If your child suffered a serious skull injury because of negligent forceps use or another incident in the delivery room, you may be entitled to file a lawsuit on their behalf or to claim damages for their death. For a free legal consultation on your case, call Miami birth injury and crushed skull lawyer Prosper Shaked today at (305) 694-2676.