Complications during childbirth can cause your newborn to suffer from unfortunate medical issues in the future. One issue that may occur is brain damage. Read on to discover what you should do if your infant suffers from brain damage and how a seasoned New York infant brain damage attorney at Mark L. Bodner, P.C., can work on your behalf in filing a medical malpractice claim.
What is infant brain damage?
Infant brain damage is the destruction or degeneration of brain cells in an infant. Types of brain damage vary, but the most common one among infants is hypoxic-ischemic encephalopathy (HIE). More specifically, HIE occurs when an infant’s brain does not receive enough oxygen or blood flow before, during, or after childbirth.
What are the signs of infant brain damage?
To reiterate, the side effects of infant brain damage can vary. But it is possible for this to lead to permanent disability, coma, vegetative state, or unfortunately, even death. With that being said, the following are signs that your newborn may be suffering from brain damage:
- Your child is experiencing seizures.
- Your child is experiencing epilepsy.
- Your child is experiencing a neurocognitive disorder.
- Your child is experiencing trouble with speech and language.
- Your child is experiencing trouble with balance and movement.
- Your child is experiencing cerebral palsy.
- Your child is experiencing learning disabilities.
How do I prove that my infant suffers from brain damage for my medical malpractice claim?
For your claim, you must prove that your infant’s brain damage is due to medical malpractice in the following ways:
- You must prove that your physician owed you a duty of care.
- You must prove that your physician breached this duty of care by acting in a way that a reasonable physician would not act.
- You must prove that your physician’s negligence resulted in your infant’s brain damage and subsequent damages.
And to prove that your infant’s birth injury could have been preventable if it weren’t for your physician’s lack of care, you must prove any of the following forms of negligence:
- Your physician did not detect and correct a twisted umbilical cord.
- Your physician did not detect and correct low amniotic fluid.
- Your physician did not detect and correct improper pregnancy dating.
- Your physician did not detect and correct a hemorrhage.
- Your physician did not detect and correct an infection.
- Your physician unnecessarily conducts a forceps delivery.
- Your physician unnecessarily conducts a premature delivery.
- Your physician did not order a cesarean section when it was necessary.
Nonetheless, we recommend that you retain the services of a competent New York City birth injury attorney to help you prove that your infant suffers from brain damage due to medical malpractice. So do not hesitate in giving us a call today.