Birth injuries are serious injuries for infants for many reasons. It is a problem if the doctor or nurse injures your child as it is being delivered. These injuries can be quite serious and may impact further development if they are left untreated. Fortunately, medical centers and hospitals are generally quick about helping and treating injured infants. On the other hand, the fact that it happens can increase the medical costs and expenses of the entire stay. This is why it is crucial that you take legal action if you find that your child was injured during birth. One injury that stands out is intracranial hemorrhages, or brain bleeds. In the event your child was hurt in such a manner, you should contact the Downtown LA Law Group for more assistance. We’ll be able to secure you fair compensation for your damages and for the injuries your child sustained.
Intracranial Hemorrhage Information
An intracranial hemorrhage is essentially a bleed within the brain. They can happen because the child was deprived of oxygen while being delivered or if there was some type of trauma to the head during birth. Trauma is usually caused by the erroneous usage or heavy handling of forceps, vacuums, and other tools. The impact on the head of the child can be enough to jar the brain and injure it. Babies’ heads are extremely soft because the top part of the skull has not fully formed and solidified at the time of birth, so cranial injuries are more likely to occur.
It is possible for a baby to have a stroke. The burst blood vessel can create irritation, fluid buildup, and edema within the brain. This hemorrhagic stroke can be very severe, and it may lead to brain damage if it is not caught and treated appropriately. Further, there are multiple areas that these bleeds can occur. They include:
- Intracerebral, or in the blood vessels inside the brain
- Subarachnoid, or between the membranes that cover the brain
- Intraventricular, or in the area where the spinal fluid is produced
- Subdural, or between the dura and arachnoid
An intracranial hemorrhage can happen with increased frequency due to the following risk factors:
- Sudden or abnormal shifts in blood pressure
- Disorders involving the blood, like hemophilia, anemia, and vitamin deficiency
- Breech births in which the child is born feet-first, or in another position
- Physical trauma due to prolonged labor of the mother
- HIE (hypoxic-ischemic encephalopathy), or a condition resulting from decreased oxygen and blood flow to the brain
- Macrosomia, or babies that are larger than most
- CPD (cephalopelvic disproportion), in which the size of the baby’s head is too large to pass through the mother’s pelvis
The doctor delivering your child will examine the baby for damages and determine if there are any issues. Some of the signs you should look for that may indicate an intracranial hemorrhage include:
- Abnormal tone when crying
- Diminished consciousness
- Shallow breathing or difficulty taking breaths
- Difficulty feeding
- Easy irritability
- Sleep apnea, or cessation of breath
- Soft spot on the head
- Lethargy and inability to move
In the event the intracranial hemorrhage is not treated, there may be severe issues. Successful treatment generally yields no lasting damage, but severe treatments that last a while or that are not properly fixed can cause cerebral palsy, developmental problems, cognitive disabilities, learning disabilities, and more. As the child ages and matures, some of the issues may become more prevalent or apparent.
You should take every step possible to ensure that your child receives the care he deserves. If the hemorrhage was caused due to the negligent action of a doctor or nurse, you should take appropriate legal action.
How to File a Birth Injury Lawsuit
Birth injuries like intracranial hemorrhages are serious issues and should be treated as such. To file a birth injury claim or medical malpractice claim, you must be able to show that the doctor or nurse played the primary role in the injury. There are four points that must be established:
- There was a doctor/patient relationship that existed between the parties
- The doctor acted in a way that other doctors claimed they would not have done under the same certain circumstances
- The actions of the doctor resulted in some kind of accident or incident with injuries
- The injuries that resulted from the incident were impactful
This is slightly different than the four points of negligence that must be established in normal personal injury cases. In medical malpractice claims, doctors are measured by the efforts and actions of their peers. For example, if a birth was complicated and a doctor needed to act quickly to deliver the baby, but his hastiness caused the intracranial hemorrhage, you may wish to sue him. However, the circumstances of the birth, such as a late arrival to the hospital or a complication with the mother, may drive other doctors to claim that they would have acted just as quickly.
To effectively file your claim, you will need additional evidence. You should be sure to hang on to all medical receipts, doctor’s notes, prescriptions, MRI results, and anything else that shows the damage done to your child. The proof of the procedures can also be used. Some parents may leave the hospital and discover the hemorrhage a few days later, which can be disastrous for the child’s health. It can also negatively impact the claim. A long gap between the incident or injury and the treatment may indicate that there was another accident that happened to cause the bleed. It will be difficult to prove otherwise to an insurance agent.
You should take photos of the injury or symptoms. This will prove that your child had some kind of condition. It may be hard to have effective photos, though, or even effective videos.
It is possible that there were bystanders or eyewitnesses who saw the incident happen wherein the child was hurt. You can also find people who can say that the child was behaving and exhibiting symptoms of a hemorrhage. You should add these individuals’ statements and testimonies to your claim, as the evidence will be stronger with additional perspectives.
You will need the insurance information and details of the hospital or doctor so that you can submit your claim with the proper defendant in mind.
Upon collecting this evidence, contact an intracranial hemorrhage injury lawyer in Los Angeles to handle your claim. You might not have any legal experience, which can work against you. Our attorneys will be able to secure you a fair settlement while you tend to the health of your child. You shouldn’t have to add the additional stress and worry of a lawsuit to your already-complicated life if your child was injured at the hospital.
Compensation from an Intracranial Hemorrhage Injury Lawsuit
We will do everything in our power to win you the maximum settlement for your lawsuit against a hospital if your child were injured with an intracranial hemorrhage. The value of your claim will be measured by the insurance company representing the hospital. They will likely deny your claim or make lowball offers so beware at first. We will strive to secure you:
- Coverage for medical bills from the past and future to cover all treatments, hospitalization, surgeries, and more
- Lost income if you were unable to return to work for a period of time
- Pain and suffering damages for emotional trauma and psychological anxiety (in medical malpractice cases, these damages are capped at $250,000)
- Wrongful death damages if your child died due to the intracranial hemorrhage, which can cover the funeral and burial fees, service fees, cremation costs, medical expenses, loss of love, and more
We will not rest until we have fully covered your damages. Call our Los Angeles intracranial hemorrhage injury lawyers for assistance.
The Firm for You and Your Family
The Downtown LA Law Group is one of the premier firms for medical malpractice and birth injury claims. We have years of experience handling such lawsuits and know the best methods for success. We will not give up until we are satisfied with the results of your case. If we must go to court to resolve your issue, our aggressive lawyers are willing to do so.
For a free legal consultation, call our offices today. All consultations are private and we encourage you to ask us anything you wish – your personal info won’t be shared anywhere, and we believe every client should have a total and complete understanding of his potential case. We will also give you more information about our zero fee guarantee, which says that you won’t have to spend a dime of your own money on the case. We will get paid only if we win, and our fees will come out of the settlement we win from the defendant. If we lose, we get paid nothing, and you owe nothing.
For the best intracranial hemorrhage injury lawyers in Los Angeles, call the Downtown LA Law Group today.