Inborn Brain Injury Lawsuits
Can You Sue for Inborn Brain Injuries in California?
Inborn brain injuries typically occur in the womb or during the process of childbirth. Unfortunately, these injuries are often caused by medical negligence, either before or during birth. Inborn brain injuries are significant and can cause mild to extreme brain damage. They can also substantially impair the normal functioning capacity of an otherwise healthy individual.
If your child is suffering from an inborn brain injury, and you believe it is due to improper medical care, you may have a claim for medical malpractice. At West Coast Trial Lawyers, our brain injury attorneys understand the serious implications of inborn brain injuries. We believe that no parent should ever have to go through that pain and stress. If your child’s condition was caused by another person’s negligence, we will do whatever it takes to hold that party accountable.
What Are Inborn Brain Injuries?
Inborn brain injuries are a type of brain injury that may either fall within the category of acquired or traumatic brain injuries (TBI). According to the Brain Injury Association of America (BIAA), an acquired brain injury is caused by “internal factors such as a lack of oxygen, exposure to toxins, pressure from a tumor, etc.” Acquired brain injuries are also called non-traumatic brain injuries.
A TBI is defined by the BIAA as “an alteration of brain function, or other evidence of brain pathology, caused by an external force.”
Inborn brain injuries may be caused by either internal factors within the body or an external force. In either case, both types can lead to serious impairment of cognitive functioning. It has been reported that there are 2.8 million cases of TBI in the United States every year. More than 280,000 people are hospitalized and up to 50,000 die from these injuries.
What Causes Inborn Brain Injuries?
There are several causes for inborn brain injuries, including:
- Blocked Airways: A major cause of inborn brain injuries is a lack of oxygen to the child’s brain. When still in the womb, and even at the point of birth, an infant’s airways may become clogged with mucus, thus constricting air flow.
- Umbilical Cord Issues: In some instances, an infant may get choked by the umbilical cord during birth. If it is not cut soon, it may restrict the supply of air to the infant and cause brain damage.
- Placenta Eruption: When the placenta separates too soon from the uterus, it may cause a lower supply of oxygen to the infant. This can potentially cause brain damage.
- Force: Trauma resulting from the use of force on the mother or the child during pregnancy and/or childbirth can lead to an inborn brain injury.
- Ingested Substances/Toxins: When a child’s brain is exposed to toxins, it may lead to brain damage. Such toxins are ordinarily ingested by the mother and passed to the child through the placenta.
Who Is to Blame for Inborn Brain Injuries?
If you received proper medical care during your pregnancy, and your infant still suffered an inborn brain injury, you may still have a case against your healthcare provider. Healthcare providers and medical practitioners are all expected to fully explain any situation that can present a health risk to you or your child.
If your doctor failed to educate you about any lifestyle choices that could potentially harm your child, they may be responsible for medical negligence. If they failed to properly advise you on appropriate medication, diet, or lifestyle choices, they may have breached the duty of care owed to you. A breach of duty may entitle you to sue for negligence.
If negligence can be proven, you would be entitled to recover damages for the cost of any procedure to manage or reverse the damage done to your child. You may also be entitled to compensation for emotional distress, as well as damages for pain and suffering.
Our Team Is Here to Help
If you or a loved one were the victim of brain injury due to negligent acts committed by another individual, our skilled brain injury attorneys at West Coast Trial Lawyers will help you recover compensation for the losses you have suffered, including medical bills, lost wages, pain and suffering, and more.
We offer a free, no-obligation consultation at our firm. No fees are paid until your case has been settled. Reach out to our 24/7 legal team by calling 213-927-3700 or filling out our quick contact form.
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