Philadelphia Birth Brain Injury Lawyer
You have dreamed of starting a family and eagerly await your child’s birth. But something goes terribly wrong during labor or delivery and your child is born with a devastating brain injury. Or perhaps, your beautiful newborn seems healthy but begins to show signs that something is wrong such as lethargy, unexplained behavior or seizures. Further medical tests reveal that your child has brain damage. It seems unthinkable. How could something so precious, so new and with so much life ahead now be severely affected for a lifetime? What went wrong? What could have made a difference? Who’s to blame? All of these questions must be answered while you and your family face the daunting and difficult task ahead of caring for this beloved family member who may have suffered a devastating loss of their ability to function independently and may require lifelong medical attention and massive bills, may require round-the-clock personal care and may never get to experience all that the future has to offer. Even if the injury is “curable,” it may take many years and countless medical treatments and procedures for your child’s brain to restore itself.
Brain damage is especially dangerous to a developing brain as it doesn’t develop neural pathways as it should, thus affecting the brain and creating damage that may last a lifetime. In addition, when brain damage occurs before, during, or shortly after birth, a child can be left with a number of learning and intellectual disabilities, all requiring extensive and costly medical and rehabilitative expenses.
If your infant suffered brain damage due to the negligence of a physician, medical staff, or any other responsible party, you have the legal right to file a brain damage lawsuit. Our birth injury lawyers have helped many families facing the trauma and difficulties of assisting brain-damaged babies, seeking to hold those responsible while ensuring that your child’s future is not forgotten.
It is important to recognize that there are typically two causes for these types of injuries to an infant. The first is physical brain trauma injury resulting in severe hemorrhage and the second is brain injury resulting from deprivation of oxygen, called “perinatal asphyxia” or “hypoxic-ischemic encephalopathy.”
Our Birth Brain Injury Lawyers seek out medical record facts to determine if a rough vaginal delivery or deprivation of oxygen during the birth process caused a child to suffer a devastating brain injury at birth, and whether or not that injury was the result of acts of medical negligence on the part of the obstetrician, attending delivery room hospital staff or improperly functioning delivery room equipment.
Our birth injury legal team will seek to prove that “medical negligence” is the cause of your child’s brain injury.
That means establishing:
- the appropriate medical standard of care under the circumstances — meaning the level of care and skill that a similarly-trained health care professional would have demonstrated in a similar treatment situation,
- how the defendant’s conduct fell short of that standard — in other words, exactly how the care provided by the defendant was not in line with accepted medical practices, and
- that the defendant’s negligence caused some amount of measurable harm to the newborn child.
If your infant’s brain injury was due to the negligent and careless actions of another party, such as a physician or medical staff, the best way to win compensation for your losses and expenses is for our brain injury lawyers to file a brain injury lawsuit. A brain damage lawsuit can help you seek compensation for:
- Medical expenses
- Rehabilitation costs
- Physical pain and trauma
- Emotional pain and trauma
- Punitive damages
- Costs of in-home care
- Costs for specialized equipment
- Costs for special education assistance
In addition to compensation, one of the most important things a brain injury lawsuit can do is hold the liable parties responsible for negligent medical behavior.
Most families enduring the mounting expenses of caring for an infant who experienced a brain injury are not equipped to handle attorney fees.
The good news, however, is that our brain injury lawyers work on a contingency fee, meaning you’ll pay attorney costs after your case is resolved and you receive compensation for your child’s injuries. In other words, you pay nothing up-front and will not have to worry about attorney costs until you receive compensation for your baby’s brain injury.
Call today to speak with one of our experienced personal injury lawyers. All parents want the best for their child and we strive to provide excellence to each client who has suffered a birth-related brain injury.
This content was written on behalf of Greg Prosmushkin.