The Brain Injury Association of America reports that traumatic brain injuries at delivery are one of the leading causes of a permanent life impacting birth injury. With up to 8% of all children born in the U.S. suffering from a brain injury, thousands of children and their families are affected by long-term medical and developmental disabilities.
Brain Injury During Childbirth and Medical Malpractice Claims
Brain injury received at birth is linked to many significant permanent disabilities and serious medical issues which include cerebral palsy, mental retardation, seizure disorder, full and partial paralysis, speech and language disorders. An injury to a child’s brain directly affects a child’s growth and development with effects lasting a lifetime. While some brain injuries may be identified at birth, others may not present themselves until years later as the child develops and grows.
Brain Injury Early Signs
While some of the initial symptoms of brain injury can be seen shortly after a child’s birth, other issues may take years to reach final diagnosis. Some of the early signs related to brain damage received at childbirth include:
- Excessive episodes of crying or being fussy for no apparent reason
- Difficulties with feeding
- Tremors or shaking
- Facial features that appear distorted or misshaped
- Abnormally shaped spine
- Seizures
- Neck stiffness
Brain Injuries Present in Significant Difficulties as Child Grows
When normal developmental milestones are missed or delayed, the symptoms may point back to an injury received at birth. These developmental injuries may impact a child’s physical, cognitive, perceptual, behavioral, or emotional growth and normal development. Up to 14% of brain damage is not discovered until a child is of school age. Often a child is diagnosed with ADHD, Autism, or Asperger’s Syndrome at school age. Some of the common symptoms of developmental delay may include:
- Delays in the normal physical development of rolling, crawling, sitting up, walking, running, jumping, using stairs, skipping
- Delays in the normal expected time frame for feeding self, using the toilet, dressing themselves, and in the ability to color, play, and interact with others
- Difficulty with memory and processing of information
- Language, speech, and communication delays
- Focus, attention, and concentration problems
- Sensory processing and integration delays
- Development of behavioral and emotional problems
Medical Negligence and Injuries at Birth
The leading causes of injuries to a newborn, which are directly related to medical negligence, are often found to be the failure of the practitioner to properly manage the pregnancy, birth, and delivery resulting in an injury that follows the child and family for the rest of their lives. Some of the negligence that does occur in most cases include the following:
- Failure to detect or respond quickly to signs of fetal distress
- Failure to monitor, detect, and provide treatment for any maternal infections
- Improper use of forceps or a vacuum to assist in the delivery
- Failure to order a cesarean section timely, or in an emergency situation
- Failure to diagnose and treat a prolapsed umbilical cord in timely manner
- Failure to resuscitate a newborn infant properly
- Failure to properly train and supervise the medical staff working under the doctor’s direction
Brain Injury Medical Negligence Lawyer
If your child has been affected by an injury received at birth, it is critical to consult with an experienced birth injury attorney. An experienced attorney can help provide the compensation required to help reduce the financial burdens your family will face during a lifetime of care and treatment. Call the law office of Joel Baskin for a confidential consultation regarding your child’s current and future needs.