Serving clients in Fayetteville and all of NW Arkansas
The two pieces of advice that people generally hear the first time they hold a newborn child is to watch for the soft spots in their head and to cradle their neck. OBGYNs and other medical professionals who deliver babies know even more about the potential injuries that a baby could face if there is any damage or unnecessary pressure on the skull, but still, many babies face serious crushed skull injuries and brain damage during childbirth.
If your child suffered a crushed skull or other serious head and brain injuries during birth, they could face physical, mental, and developmental disabilities that affect them for the rest of their lives. Talk to our Fayetteville lawyer for crushed skull injuries during childbirth to learn more about how to seek justice for your child’s injuries by suing their doctor for medical malpractice. Ken Kieklak, Attorney at Law, is available for free legal consultations to help you with your potential case. For your free case consultation, call us today at (479) 316-0438.
Causes of Skull and Brain Injuries During Childbirth
Delivering a baby is a difficult medical procedure. Not only are there two patients instead of one, but there are thousands of potential factors and complications for both the mother and the child that could make a delivery more difficult or more dangerous. In many cases, the doctor’s training and expertise are vital to protecting the child and the mother, but if their skill falters or they make mistakes, the child’s safety could be in danger. Many skull injuries occur precisely because of these mistakes or errors in judgment.
One of the primary ways that a child’s skull might be injured during delivery is because of the use of forceps. Forceps are large, curved metal tools used to help grip the baby and guide them out of the birth canal. Typically, forceps are unnecessary to affect a natural birth, and they should be avoided whenever they can because of the potential risks of injury. Forceps typically grip a child by the head, which can cause serious injuries and even death if the doctor mishandles the baby or presses too hard with the forceps. In many cases, permanent brain injuries caused by a bad forceps delivery can result in cerebral palsy, motor control issues, developmental issues, and other problems for the baby and their family.
Forceps delivery is not the only cause of skull injuries, however. Mishandling a baby is rare, but it does account for a number of skull injuries. If the doctor or a nurse drops the baby, they could face a short fall to a table or a longer fall to the floor. Falling from any height could cause an infant or a newborn absolutely traumatic injuries. These kinds of injuries are unacceptable and often only result from serious negligence. Mishandling the baby by pressing too hard on their skull could also occur and is similarly unacceptable.
While not every case of injury is the result of medical negligence, these kinds of injuries are rare without some sort of mistake or omission. Talk to a lawyer about your case for help understanding if you have a claim.
Damages for Crushed Skull Injuries for Newborns
Injury cases typically result in three major areas of damages: medical bills, lost wages, and pain and suffering. These damages work to restore the victim to the same financial state they would be in if it were not for the injury. It makes sense that the negligent doctor would have to pay for any additional medical care the victim needs since they caused the need for that care in the first place. Moreover, it makes sense that the doctor would be responsible for the physical pain and mental suffering that the injuries caused.
The surprising part of the damages in a birth injury lawsuit is often the claim for lost wages. Your baby may not be working now, but the goal of any parent is to see their child grow up strong and healthy and able to support themselves. The birth injuries that they face now could cause permanent injuries and developmental delays and disorders that could make going to school, caring for oneself, or working for a living more difficult. Your lawyer can work with medical and financial experts to help project the future lost earning capacity your child will face compared with a similar child who does not have disabilities, and you may be able to claim those damages as part of this lawsuit.
These damages are often difficult to calculate on your own and may require the help of medical and financial experts to calculate fully. Moreover, each case is unique, and each victim suffers different damages from the specific birth injuries they faced. Never accept the doctor’s or their medical malpractice insurance company’s valuation of your case, since those parties do not represent you or your best interests. Instead, speak with an attorney for help understanding what your case is worth and how to proceed.
Call Our Fayetteville, Arkansas Attorney for Crushed Skull Birth Injuries to Schedule a Free Case Consultation
If your child suffered crushed skull injuries or serious brain damage during their delivery, they could face ongoing pain, physical disabilities, mental and emotional suffering, and serious developmental issues. These harms may be compensable in a lawsuit against the negligent medical team and hospital that caused the injuries. Call Fayetteville, AR crushed newborn skull injury lawyer Ken Kieklak today to discuss your case and learn more about filing a medical malpractice lawsuit and seeking damages for your child’s injuries. To set up your free case consultation, call our lawyers today at (479) 316-0438.