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Did Your Newborn Suffer Cerebral
Palsy or Another Brain Injury Before
or During Labor and Delivery?

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Our Birth Brain Injury Resource Guide

the guide

Get a FREE guide of resources available throughout Ohio to children and families of children who were born with brain injuries.

Our guide can help you build a foundation of knowledge and tools that will help you help your child
now and in the future.

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Brain Injury and Allocation of Limited Resources – Q&A

In this article, we look at several commonly asked questions and answers regarding baby brain injuries and related lawsuits.

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1.How do babies get brain damage?

There is an array of medical errors that can result in baby brain injuries. Physical trauma during or even after the birth can damage the baby’s still-developing brain and can be the result of the doctor’s incorrect use of tools such as forceps or even the baby’s head striking against something during the delivery. Other contributors to a brain injury include:

Elk & Elk
  • The mother’s low blood pressure
  • Problems with the placenta
  • The baby being deprived of oxygen due to issues with the umbilical cord
  • An infection in the mother
  • Intestinal and vaginal infections
  • Jaundice
2. What are the most common symptoms of a baby brain injury?

Brain damage in babies can manifest in a variety of ways. Infants can suffer from speech development delays and issues with sensory input to their ears and eyes. The baby’s head could suffer abnormalities including a protruding forehead, misshapen facial features, and changes in temperament.

3. What treatments are available for baby brain injuries?

Treatments for baby brain injuries may include:

  • Medication
  • Physical rehabilitation
  • Rehabilitation for cognitive changes

Doctors may decide to start treatment at the time the brain injury occurs to reduce any bleeding or swelling if the symptoms are easily noticeable.

Other common signs of pediatric brain damage that may manifest later on include:

  • Lack of coordination
  • Failure to thrive
  • Developmental delays
  • Lack of tone
  • Uncontrolled body movements
  • Visual problems
  • Rigidness or spasticity in body parts
  • Tremors
  • Fatigue
  • Feeding difficulties
  • Sleeping difficulties
  • Headaches
4. What sorts of situations could lead to a birth injury lawsuit?

There are instances where a birth injury lawsuit may be necessary, such as:

  • The doctor failing to reasonably assess and appropriately respond to complications during the mother’s pregnancy or delivery.
  • A mother being ill-advised to take certain medication or prescription drugs that result in the baby’s brain injury.
5. Can a lawsuit always be successful if a baby is injured in a birth injury?

Since some birth defects might be unavoidable, not all birth injury lawsuits may be successful. An infant brain injury attorney will work to determine if a pharmaceutical company or the relevant medical providers gave improper care or medication that resulted in the brain injury.

6. In a birth injury lawsuit, how will a jury determine if a doctor’s actions were considered to be within the standards of good medical practice?

If a case goes to trial, the trial jury will hear expert testimonies, usually from physicians, on whether or not they believe that the doctor provided medical care below the standard of acceptance. The jury’s decision is mostly based on the testimony.

7. What kind of financial compensation can you get?

A baby brain injury lawsuit can provide compensation for:

  • Medical-related expenses
  • Medical bills
  • Lost wages
  • Rehabilitation
  • Future treatments, and more
8. When should you file a birth injury lawsuit?

The statute of limitations for filing a birth injury lawsuit is two years from the time the brain injury was diagnosed. The lawsuit must be filed within this timeframe to ensure the case makes it to court, and you receive compensation.

9. What should you do if your baby suffers a brain injury?

The first step to seek justice and compensation is to talk to a birth injury attorney who will help you understand the medical and legal terms involved in the case and fight for yours and your baby’s rights in court.