Damage to a baby’s brain is usually caused by trauma to the brain during birth or
as the result of a lack of oxygen flow to the brain. Serious brain injuries can also be caused by misuse of forceps or vacuum extractors. Labor and other complications can potentially heighten the risk of a brain injury or brain damage too.
The risk of brain bleeds is higher in babies who have experienced birth asphyxia and hypoxic-ischemic encephalopathy or HIE, which is a type of brain injury caused by lack of oxygen in the baby’s blood or due to a limited blood flow to the baby’s brain. HIE may also be caused by problems that restrict blood flow through the umbilical cord, placenta and uterus.
These types of injuries can be prevented when the doctor and medical team monitors the fetus for any signs of distress and follows the required standards of care. In many cases where there is prolonged labor and heightened risk of injury, an emergency Cesarean section (C-section) may be essential.
Common Causes of Infant Brain Injuries
Here are five of the most common causes of infant brain injuries at birth:
1. Maternal infection: When the mother has an infection, it may affect the baby as well. This can be prevented by the medical team when addressing the infection earlier or performing a C-section. The medical team should also make sure the child doesn’t become infected soon after birth and should take the steps to treat such infections promptly. When the infection enters a baby’s blood stream, it can affect the child’s brain and central nervous system.
2. Injuries caused by birth-assistive tools: When a labor becomes prolonged or difficult, doctors may use birth-assistive tools such as forceps or vacuum extractors. These instruments are placed on a baby’s head to help extricate him or her from the birth canal. However, when too much pressure or force is applied, serious head injuries may occur resulting in irreversible brain damage.
3. Placental abruption: This occurs when the placenta is ripped away from uterus, preventing oxygen-rich blood from traveling to the baby from the mother. This may decrease blood flow to the baby’s brain, presenting serious problems.
4. Umbilical cord issues: When there are complications with the umbilical cord, it may prevent blood from flowing to the fetus. Therefore, there is the risk of neonatal brain injury. Examples of complications include a prolapsed umbilical cord (where the cord wraps around the baby’s neck), a short umbilical cord or when the cord becomes infected.
5. Rupture of the uterus: When the womb or uterus tears, severe bleeding may occur causing the child to drop to the mother’s abdomen. This is a severe emergency because when the mother experiences severe bleeding, blood flow to the baby may be cut off increasing the risk of brain damage.
Determining Compensation
Your birth injury lawyer can help you collect, compile and present crucial medical evidence to establish your case and secure maximum compensation for your child’s injuries and losses. The amount of compensation will typically depend on a number of factors including the extent of negligence (carelessness) on the part of the medical professional, the extent of your child’s injuries; the treatment required; your child’s anticipated life expectancy and cost of future medical treatment and care; how your life as a parent has been affected; whether you were required to take time off work or quit your job to care for your child; and permanent injuries or disabilities your child has suffered as a result of the brain injury.
In such cases, you may be able to seek compensation for damages including medical expenses, lost income, cost of hospitalization, surgery, rehabilitation, as well as permanent injuries, disabilities, past and future pain and suffering, etc.
Contacting an Experienced Lawyer
The experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
One of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
We have seen many cases where New York City Health and Hospital Corporation facilities deliver babies who are born with cerebral palsy or brachial plexus palsy (Erb’s palsy) stemming from negligence (carelessness), and/or medical malpractice in the labor and delivery etc. of the children.
The following list identifies some of these hospitals (operated by New York City Health and Hospital Corporation):
• Jacobi Hospital aka Bronx Municipal 1400 Pelham Parkway South Bronx, New York 10461 718-918-5000
• Lincoln Hospital 234 East 149th Street Bronx, New York 10451 718-579-5000
• North Central Bronx Hospital 3424 Kossuth Avenue Bronx, New York 10467 718-519-5000
• Coney Island Hospital 2601 Ocean Parkway Brooklyn, New York 11235 718-616-3000
• Kings County Hospital 451 Clarkson Avenue Brooklyn, New York 11203 718-245-3131
• Woodhull Hospital 760 Broadway Brooklyn, New York 11206 718-963-8000
• Bellevue Hospital 462 First Avenue New York, New York 10016 212-562-5555
• Harlem Hospital 506 Lenox Avenue New York, New York 10037 212-939-1000
• Metropolitan Hospital 1901 First Avenue New York, New York 10029 212-423-6262
• Elmhurst Hospital 79-01 Broadway Elmhurst, New York 11373 718-334-4000
• Queens Hospital Center 82-68 164th Street Jamaica, New York 11432 718-883-3000
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
Other TOLL FREE phone numbers for us are:
1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES
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