What to Blame: Uncovering the Culprit of Brain Injury in Newborns

Legal Adviser September 17, 2015
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PregnancyHaving a baby offers so much joy, which makes it an exciting and unforgettable moment for parents. If problems arise, doctors, nurses, and even anesthesiologists will have to deal with the issue quickly. This is not always the case, though.

Believe it or not, accidents are beyond anyone’s control. In the United States, statistics reveal that serious brain injuries affect approximately 3 in 1,000 newborns delivered full-term. Only half of these reported cases, however, are due to lack of oxygen during labor and birth. This simply means brain damage in babies may have many causes. When a birth injury occurs, it’s important to uncover who’s at fault and do everything to win the case in court.

Fighting a Legal Battle

A medical malpractice claim applies to all who provide health care services. To successfully determine who to sue, it’s best to get some legal help. Parents of children injured at birth have two years from the time of the accident to file a lawsuit. The statute of limitation is often extended until five years, if parents have not discovered the injury within two years. This is the reason, in these situations, it’s important to be familiar with the major causes to provide the court more accurate information.

As industry professional Tyrone Law Firm puts it: “Whether it results from immediate trauma, as in the case of impact or concussion from an auto wreck, fall or assault, or from asphyxiation, where brain injury may result from negligence during birth and delivery, or in the instance where a victim suffers a drowning or a loss of consciousness and breathing, the key to a brain injury case is helping the jury understand.”

Understanding the Reasons for Neonatal Encephalopathy

A new report, entitled Neonatal Encephalopathy and Neurologic Outcome, indicates that there are other reasons for brain injury in newborns apart from oxygen deprivation, or asphyxia. These include genetic factors, placental abnormalities, hypothyroidism, major bleeding during pregnancy, and other maternal health problems.

To figure out who is responsible for brain damage during labor and delivery, it’s important that parents must arm themselves with the right information.

Category: The Daily Bail
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