Injuries sustained during birth can cause significant health problems for an injured baby. Some injuries can result in substantial brain injuries or neurological damage that causes seizures. While seizures can be controlled through medication in some cases, other cases may involve injury victims who have seizures and other complications for the rest of their lives.
If your child was injured during their delivery because of your doctor’s negligence, contact the Law Offices of Prosper Shaked today. Our Miami attorney for infant seizures resulting from birth injuries may be able to help you and your family get compensation for your injuries to help pay for medical costs, future lost wages your child will face, and pain and suffering your child experiences. For a free legal consultation on your case, contact our attorney today at (305) 694-2676.
Common Causes of Seizures from Birth Injuries
Seizures are a side effect of many types of birth injuries. A child is extremely vulnerable to injury because their bones, skin, and bodies are generally very fragile and easily damaged. Injuries from mishandling, excessive pressure from forceps, pressure from a difficult labor, and other injuries could result in damage to the brain or nervous system that can lead to seizures and other neurological effects. In some cases, seizures can also result from hypoxia, suffocation, or strangulation that causes brain injuries from a lack of oxygen.
Many of these injuries occur naturally in difficult labors. In these situations, your doctor may try their best to help avoid injury by ordering forceps delivery or a C-section to help get the baby out without injury. In other cases, their decision to order these more invasive procedures can actually cause injuries through negligent handling or unnecessarily risky decisions.
Suing for a Doctor’s Negligence in Causing Birth Injuries
The physician who delivered your baby has not one, but two patients they need to take care of. These doctors are held to certain standards in the care that they must give to the mothers and newborns in their care. The standard is objective in that it is based on the care that a reasonable physician in the same situation would provide, but it is subjective in that the standard changes from case to case based on the specifics of your procedure.
To prove that your doctor’s care fell below the standards, you typically must use a medical expert to testify in court about what steps the doctor should have taken to avoid the injury. The defendant can use their own medical expert to refute your claim. They will typically do this by claiming that the injuries were unavoidable and that the complications were normal, expected complications, not the result of negligence.
Ultimately, it is up to the jury which expert is correct and which side wins. This is often better than having the judge decide, since the jury will not have the facts of the case tainted by previous cases they’ve heard or handled as a judge or a lawyer.
Damages for Birth Injury Lawsuits Involving Seizures
When you sue for a birth injury, the damages that your infant child faces typically include the current and past damages for the injury and the recovery as well as future damages they will face as they grow up and move toward adulthood.
The first class of damages you will typically claim in a medical malpractice lawsuit for birth injuries is compensation for medical care. Depending on the injury, your child might need emergency surgery, hospitalization, and medication. The medication used to help with seizures and prevent additional complications is often expensive, and your child may need to continue to take the medication for the rest of their life. These damages could be a substantial part of the lawsuit.
If your child’s seizures and birth injuries will affect them into their adult life, it may affect their ability to work and support themselves. The future lost wages that your child will face can often be compensated as part of a lawsuit for birth injuries as well. Calculating these damages often means hiring a financial expert to testify in your case.
Lastly, you can claim damages for the pain and suffering of the injury and its effects. The suffering of an injury like this often goes beyond the immediate recovery, since seizures can be a debilitating condition that affects your life. It may make it difficult to participate in certain activities, and the fear of having a seizure and interrupting your life can be a constant stressor. These damages are often very high.
In some cases, you can claim other damages related to your injury and the side effects of the injury. These damages will depend heavily on the specifics of your case, and you should consult with your lawyer about what damages you can claim.
Free Legal Consultations on Birth Injury and Seizure Cases
If your child was born and suffered a birth injury that caused seizures and other complications, you may be entitled to compensation. The damages you claim in a lawsuit for birth injuries often pay for medication, additional medical care, future lost wages, and pain and suffering for the injuries. For a free legal consultation on your case and help understanding how to progress your claim, call our law offices today at (305) 694-2676. Prosper Shaked Accident Injury Attorneys PA may be able to help you get the compensation you need from negligent physicians.