Austin Infant Brain Damage Attorneys

How Brain Damage Happens and How It Can Be Prevented

Brain damage can occur before childbirth as well as during labor and delivery. Many of these injuries are avoidable with proper care and awareness from medical professionals. Doctors must pay close attention throughout each stage of pregnancy and delivery in order to catch any potential issues early on and reduce the likelihood of a resulting injury. Additionally, medical staff should remain up-to-date on the latest protocols for treating childbirth complications to help avoid any mistakes that could lead to lasting harm to the newborn baby.

The purpose of prenatal appointments is to check in on how the mother and child are doing throughout pregnancy and before childbirth. Brain damage can occur at this stage if a healthcare professional prescribes the wrong medication, fails to diagnose or treat conditions that may affect the baby’s health, or fails to respond to signs of fetal distress. 

During delivery, infants can be at risk of having their oxygen supply cut off for too long if the doctor does not respond quickly enough to signs of distress. This is often caused by using improper delivery methods such as forceps, vacuum extractors, or C-sections when these procedures are unnecessary. Other causes during delivery may include waiting too long to perform a C-section when medically necessary, excessive use of Pitocin (a labor induction drug), and failure to recognize umbilical cord problems that could lead to oxygen deprivation.

Do not assume your newborn’s brain damage was not preventable, no matter what your medical provider says. Our team at National Trial Law can investigate what happened and ascertain liability.

Signs That Your Baby May Have Suffered a Brain Injury at Birth

Because brain damage can manifest as non-physical developmental issues, these injuries and their effects may not be immediately obvious after childbirth. Parents must carefully observe their newborns and watch out for symptoms, especially if there were complications during pregnancy or delivery. Seek professional medical advice if your child is showing any signs of brain damage, as getting an accurate diagnosis as early as possible is paramount to getting your newborn proper treatment as well as protecting your family’s right to take legal action.

Signs of brain damage in infants include:

• An unusually small or large head
• An unusually shaped spine
• Excessive drooling
• Looseness or stiffness in the muscles
• Seizures
• Sensitivity to light
• Missed movement milestones

Recovering Compensation for Infant Brain Damage Caused by Negligence

Parents have the right to seek damages on behalf of their injured child, but they must file a lawsuit before the statute of limitations expires. In Texas, the statute of limitations for medical malpractice, including infant brain damage, is two years. That means you have two years from the date of the negligence to bring a claim against a negligent healthcare provider. 

In cases where your infant’s brain damage is not immediately apparent, you will have two years from the date their brain injury was diagnosed to file a lawsuit. However, Texas enforces a 10-year statute of repose, meaning you cannot usually take legal action for infant brain damage once your child turns 10.

Our Austin infant brain damage lawyers will work to get your family compensation for all economic and non-economic damages, including:

• Past, current, and future medical expenses
• Your child’s special needs and education
• Your child’s pain and suffering
• Your child’s lost earning capacity
• Your lost income and any out-of-pocket expenses
• Loss of consortium

If your newborn appears to have suffered brain damage that may have been caused by medical malpractice, do not delay in getting legal guidance. Contact us online or call (833) 913-1885 to speak to a member of our team today.