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Infant Brain Damage Overview
Numerous birth injury lawsuits claim that negligence by delivery room doctors and nurses have caused cerebral palsy and other brain injuries resulting from oxygen deprivation.
In many cases, the initial injuries are slight and not immediately apparent. In others, infant brain damage can be quite serious and can be seen soon after delivery. In either case, the result can be cognitive impairment (mental retardation), delayed development, seizures, and more.
Parents who have reason to believe their child’s disabilities were caused by medical malpractice may have a cause of action to bring a lawsuit against the individual(s) and the hospital responsible.
How Neonatal Brain Damage Occurs
Infant brain injuries can be caused either by an acquired injury resulting from oxygen deprivation during delivery, or a traumatic injury due to improper use of surgical instruments such as forceps. In the case of the former, this can happen when the infant’s head is stuck in the birth canal, or the umbilical cord becomes wrapped around the neck. The obstetrician or midwife may fail to see what is happening and not take the appropriate action.
In some cases, brain and neural damage can be the result of a maternal illness, toxins or a congenital condition. In these cases, the damage was unavoidable. Birth injury lawsuits can be filed if it can be proven that the injury was the result of medical malpractice however.
Physical Symptoms of Neonatal Brain Injury
According to Seattle Children’s Hospital, immediate signs of birth injuries affecting the brain can include seizures, excessive crying and irritability, sleeping difficulties or poor appetite. These symptoms generally appear without warning and do not appear to have any external cause.
Other types of neonatal brain injury are not apparent until months later. Early signs can include sleep disorders, chronic fatigue, light sensitivity, and muscle spasms. As the child starts growing into the toddler stage, there may be limited paralysis and difficulty or delays in locomotion. Later, the child may have difficulties with learning to dress and tie shoes, toilet training and language acquisition.
Cognitive Symptoms of Neonatal Brain Injury
As the child approaches school age, learning disabilities may manifest. The child may exhibit difficulties in the ability to concentrate or retain new information. These symptoms can also be behavioral; the child may be unable to control impulse, or be prone to tantrums. These symptoms are more obvious as the child starts interacting with others in a school setting.
Important Information About Birth Injury Lawsuits
As noted earlier, successful birth injury lawsuits depend on being able to prove that the injury in question was caused by medical malpractice. If the symptoms became apparent soon after delivery and are confirmed with medical tests such as CT scans or MRIs, it can be relatively simple to determine whether or not negligence was involved,
It the injury is latent and symptoms do not appear until months or years later, proving the case is a bit more challenging, though such a lawsuit can be successful. It is important to consider the statute of limitations, which in most states, is one or two years from the time an injury is diagnosed.
