Brain injuries are among the most concerning physical injuries babies can
suffer during birth, and they often have devastating consequences. While
some infant brain injuries might result from unpreventable causes, such
as infections in the mother or undetectable issues, others result from
preventable medical negligence. This negligence can take many forms, including
failures to properly monitor a fetus during labor and preventable trauma
during delivery, among others.
At Beam & Raymond, we represent many families who are left to deal
with the immense difficulties of preventable birth injuries, including
those involving brain damage. Often, we hear from families who may know
that their child suffers from some type of brain injury that occurred
during labor or delivery, but are not exactly sure how the brain injury
occurred. This is common for families. After all, they are not medical
professionals, which is why they placed their trust in a physician to
handle their birth appropriately.
Unfortunately, medical professionals can make a number of critical mistakes
that can lead to brain injuries, which is why it becomes important to
identify the mechanism of injury, and the circumstances involved in the
birth. For example, were there signs of fetal distress in labor? Was the
injury a result of some congenital or unpreventable cause? These types
of questions are critical to determining whether negligence played a role
and whether the injury itself could and should have been prevented.
In addition to identifying the how an injury occurred, it is also important
to understand when it occurred. For instance, it must be determined whether
signs of oxygen deprivation, which can lead to brain damage, occurred
with or without warning signs, and whether medical professionals should
have been able to prevent the injury. Evidence that a fetal heat monitor
displayed signs of fetal distress which were not timely identified by
treating physicians or nurses, when they should have been, can indicate
that malpractice may have occurred.
Examples of preventable
brain injuries that can occur during birth include:
In order for victims and families to have a valid claim for compensation
involving a brain injury during birth, there are a number of legal elements
that must be established, as well as a significant amount of investigation
to be done. By conducting thorough investigations, performing any relevant
tests, and working with the necessary medical experts, our legal team
devotes the time needed to discover the underlying cause. When this cause
clearly shows a departure from the acceptable standard of care and / or
hospital protocol, and indicates that it should have been prevented, victims
have every right to hold the responsible medical professional accountable
for their negligence.
Establishing medical malpractice as the cause of a brain injury is only
part of the battle. Victims must next file lawsuits and make their voices
heard. This process can be done much more effectively with the assistance
of experienced attorneys who understand the challenges of medical malpractice
claims and how health care providers defend themselves against liability.
When we are equipped with the facts, our team leverages our extensive
experience and resources to fight for the compensation our clients deserve.
For more information about brain injuries resulting from medical negligence,
contact Beam & Raymond for a free consultation.