Perinatal brain injuries can leave a newborn facing lifelong challenges that require extensive medical care and support. While not every perinatal brain injury stems from negligence, some occur because a healthcare professional failed to meet the accepted standard of care.
If a perinatal brain injury was caused by medical negligence, you have the right to seek justice for your child. A Fort Lauderdale birth injury lawyer from Anidjar & Levine can help you file a claim and pursue compensation.
What Is a Perinatal Brain Injury?
A perinatal brain injury is damage to a baby’s brain that occurs shortly before, during, or immediately after birth. The perinatal period typically refers to the time from about 20 weeks of pregnancy through the first week after delivery.
These injuries often result from a lack of oxygen, restricted blood flow, infection, or physical trauma. In severe cases, they can lead to long-term conditions such as cerebral palsy, developmental delays, or seizure disorders.
How Medical Mistakes Can Cause Perinatal Brain Injuries
Many perinatal brain injuries are preventable as long as proper medical procedures are followed. These mistakes can potentially cause perinatal brain injuries:
- Failure to monitor fetal distress: Doctors should monitor fetal heart rate patterns. Ignoring or misinterpreting warning signs of distress can delay necessary interventions.
- Delayed C-section: When labor stalls or fetal oxygen levels drop, a timely cesarean section can prevent permanent brain damage.
- Improper use of delivery tools: Forceps or vacuum extractors should be used only when medically necessary and with proper technique.
- Medication errors: Administering the wrong dosage of Pitocin or anesthesia can lead to dangerous drops in oxygen levels.
- Negligent prenatal care: Failure to diagnose conditions like preeclampsia or gestational diabetes increases the risk of perinatal complications.
When healthcare providers fail to recognize or respond to these risks, their negligence can directly lead to a newborn’s brain injury.
Signs That a Perinatal Brain Injury Occurred
The signs of a perinatal brain injury aren’t always obvious right after birth. Some symptoms appear immediately, while others develop as the child grows. Possible indicators include:
- Abnormal muscle tone: The baby may seem unusually floppy or stiff.
- Difficulty breathing or feeding: Trouble latching, swallowing, or maintaining stable oxygen levels can point to neurological damage.
- Seizures: Newborn seizures can indicate bleeding or oxygen deprivation in the brain.
- Low Apgar scores: A low score immediately after birth may suggest distress or oxygen loss.
- Developmental delays: As the child grows, missed milestones like crawling, walking, or talking can signal a brain injury.
If you notice any of these warning signs in your child, it’s important to seek a neurological evaluation as soon as possible.
Who Can Be Held Responsible for a Perinatal Brain Injury?
Possible liable parties in a prenatal brain injury case include:
- Obstetricians if they failed to monitor the baby or delayed necessary interventions
- Nurses or delivery staff if they ignored signs of distress or failed to communicate changes to the physician
- Anesthesiologists if anesthesia complications caused oxygen deprivation
- Hospitals if poor staffing, faulty equipment, or inadequate policies contributed to the injury
What to Do If a Perinatal Birth Injury Was Caused by Medical Negligence
If you suspect that your baby’s brain injury resulted from a medical mistake, here’s what to do:
- Request medical records: Obtain copies of prenatal, labor, and delivery records to review documentation of complications or delays in care.
- Seek a second medical opinion: Consult with a pediatric neurologist or independent medical expert to determine whether the injury may have been caused by negligence.
- Document symptoms and treatments: Keep detailed notes about your child’s symptoms, diagnoses, and ongoing treatments to build a strong record.
- Consult a birth injury attorney: Contact a birth injury lawyer who can review the facts, gather expert testimony, and assess whether you have grounds for a claim.
Types of Compensation That May Be Available
When medical negligence leads to a perinatal brain injury, families may be entitled to compensation for the following damages:
- Medical expenses: You can recover compensation for hospital bills, specialist visits, medications, and ongoing therapy for your child.
- Future care costs: You can obtain compensation to cover lifelong medical care, rehabilitation, and support services.
- Lost earning potential: You can seek damages if a parent must leave work to provide full-time care.
- Pain and suffering: You can receive compensation for emotional distress, anxiety, and the overall impact of the incident on your family’s quality of life.
- Assistive equipment and modifications: You can recover the costs of mobility devices, adaptive equipment, and home modifications.
How a Birth Injury Lawyer Can Help
Birth injury cases can be highly complex. A skilled attorney can:
- Review medical records for signs of negligence
- Work with medical experts to explain how errors caused the injury
- Estimate the full lifetime cost of the child’s care
- Negotiate for a fair settlement or represent the family in court (if necessary)
Without legal representation, you may not recover sufficient compensation to care for your child.
Consult a Birth Injury Attorney
When a perinatal brain injury is caused by medical negligence, the effects can be permanent. A birth injury attorney from Anidjar & Levine can help you recover the compensation you need to meet your child’s current and future needs.
Schedule a free consultation to discuss your case today.
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