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Infant Brain Damage

Infant Brain Damage & Hypoxic Brain Injury

If your baby has sustained infant brain damage or hypoxic brain injury as a result of birth trauma contact our medical malpractice lawyers for legal help. Call 902-425-7330 to schedule your free consultation.

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Infant Brain Damage or Hypoxic Brain Injury

Some of very significant complications can happen during childbirth and, as a result, some children incur traumatic brain injuries. These brain injuries can lead to conditions including cerebral palsy and hypoxic ischemic encephalopathy (HIE), which cause significant complications and difficulties in the child’s life. The symptoms of cerebral palsy include difficulty walking, seizure, learning disabilities, a lack of muscle control, and vision issues. The symptoms/effects of hypoxic ischemic encephalopathy similarly include developmental delays, epilepsy, cognitive difficulties, delays in developing motor skills, and delay in neurological development.

There are several reasons why infants may be deprived of oxygen or incur trauma to their brain during the process of childbirth. These include:

  • issues relating to the position of the umbilical cord;
  • problems with the mother’s blood pressure;
  • the placenta prematurely detaching from the uterus;
  • the infant becoming stuck in the birth canal;
  • c-section delayed or improperly carried out; and
  • use of medical tools and devices during childbirth.

While many of these can be naturally-occurring problems, and are not necessarily caused by medical malpractice, the treating physician must monitor for indications of these problems. The treating physician must also take proper care to remedy the problems in accordance with their knowledge, training, and standard medical practice.

If cerebral palsy or HIE is properly screened and diagnosed right away, referrals for developmental and medical evaluations and early intervention or early childhood services can be impactful. Certain therapies (e.g., hypothermia therapy within the first 6 hours of age for moderate-to-severe diagnosed HIE in newborns who are more than 36 weeks gestation) have been shown to improve neurodevelopmental outcomes and lessened the severity and extent of cerebral injury on magnetic resonance imaging.

Newborns are the most vulnerable patients in our medical system, and require the attention of skilled medical professionals to monitor their health and to intervene when issues arise.

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Infant brain damage arising from medical negligence can happen from:

  • Improper use of delivery instruments causing trauma to the infant’s head (possible with forceps extraction injury).
  • Prolonged labor where the brain is compressed in the birth canal.
  • Difficult labor in which the infant’s oxygen supply has been compromised.
  • Not detecting infections during pregnancy.
  • Drugs or surgery causing adverse effects.
  • Neglecting proper fetal heart rate monitoring.
  • Not performing a medically advisable cesarean section.
  • Not detecting issues with the umbilical cord.
  • Ignoring or not treating severe jaundice in the newborn.

Infant brain damage is typically diagnosed by observing the telltale symptoms along with either an MRI or a CT head scan. Wile in some cases, the damage may be immediately apparent, in others assessing the extent of brain damage caused by infection, trauma at birth, or other conditions may not be possible until the child ages and either does not meet certain developmental milestones, or is compared at school age with his or her peers.

Medical malpractice cases, particularly involving neurological damage, are complex and require legal expertise. The Medical Malpractice team at Wagners is experienced and provides compassionate and quality representation to patients who have been harmed by medical negligence throughout Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador.

If you or a loved one has experienced inadequate or substandard medical care that has led to serious harm, contact Wagners to discuss your legal options.

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How a Lawyer Can Help

Lawyers specializing in birth injuries are well-suited to recognize where a case can be made that a doctor used bad judgment, and show how his or her behaviour departed from the industry standard. While doctors are often well-represented, and there may be disagreement between experts as to the propriety of a doctor’s conduct, a settlement may be reached in appropriate cases, short of taking the matter through a lengthy, expensive trial.

In cases of serious disagreement regarding liability or the appropriate amount of compensation, a trial may be necessary. Even if a trial is scheduled, a settlement may be reached at any point in the time period ahead.

Settlements in Infant Brain Trauma Malpractice Lawsuits

Lawyers specializing in birth injuries are well-suited to recognize where a case can be made that a doctor used bad judgment, and show how his or her behaviour departed from the industry standard. While doctors are often well-represented, and there may be disagreement between experts as to the propriety of a doctor’s conduct, a settlement may be reached in appropriate cases, short of taking the matter through a lengthy, expensive trial.

In cases of serious disagreement regarding liability or the appropriate amount of compensation, a trial may be necessary. Even if a trial is scheduled, a settlement may be reached at any point in the time period ahead.

Schedule a free consultation for your case

We have nearly 80 years of experience in helping injured victims in obtaining justice for their injury claims.

At Wagners, medical malpractice claims are taken very seriously. If your child has infant brain damage or hypoxic brain injury, we can arrange for a highly experienced birth injury lawyer in Halifax or a brain injury lawyer in Halifax to assist you. Call us to arrange your free consultation at 902-425-7330.

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