If your child suffered an intellectual disability from a birth injury, you may have grounds to sue your doctor for damages.
Birth injuries can lead to many long-term medical conditions, including intellectual disabilities. A baby who suffers head trauma or lack of oxygen to the brain during childbirth may have an increased risk of cerebral palsy, developmental delays, and ADD or ADHD. Since malpractice plays a role in many birth injuries, a patient whose child suffers intellectual disabilities from a birth injury may have grounds to file a medical malpractice lawsuit for damages.
An intellectual disabilities from birth injury lawyer from Newsome | Melton can help you pursue a malpractice case against your doctor or the member of their staff who was responsible for your child’s injury. We will fight for your rights and help you recover damages. We offer a free consultation, and our attorneys only get paid when you recover money. To speak with a member of our staff, call us at 888-526-8947.
Intellectual Disabilities Caused by Birth Injuries
Intellectual developmental disabilities arise from many causes. Some are hereditary, but sometimes intellectual disability results from an injury that occurs during childhood or even during the childbirth process.
Two particular types of birth injuries are closely linked to intellectual disabilities later in life. The first is head trauma. A baby may sustain trauma to the head if a doctor fails to order a C-section when one is necessary to prevent a dangerous delivery. Delivery assistance devices, such as forceps and vacuums, are also associated with head trauma when not used properly and with care.
The second type of birth injury is lack of oxygen to the brain. When a baby’s brain does not receive enough oxygen during childbirth, the resulting damage can be permanent. Again, a doctor’s negligence may play a role in this situation.
Birth injuries can lead to intellectual disabilities, such as:
Cerebral Palsy
Cerebral palsy is a movement disorder linked to brain damage during infancy or early childhood. It may or may not be accompanied by intellectual disabilities. Both head trauma and lack of oxygen to the brain during childbirth may lead to a baby developing cerebral palsy.
Failure to Meet Developmental Milestones
If your child fails to meet certain developmental milestones — for example, walking, talking, reading, writing, and potty-training by certain ages — it is often the sign of an intellectual disability. We can trace that disability to your child’s birth injury and show that your doctor or a member of his staff was responsible.
ADD/ADHD
ADD and ADHD are disorders characterized by a shortened attention span. Medical studies have suggested that these conditions may be correlated with head trauma at birth.
Learning Disabilities/Delays
Birth injuries can lead to other learning disabilities and developmental delays. No matter your child’s condition, the birth injury lawyers at Newsome | Melton want to help.
Let Newsome | Melton Build a Compelling Malpractice Claim for Your Child’s Birth Injury
If your child’s birth injury led to an intellectual disability, the Newsome | Melton legal team can hold your doctor or healthcare provider accountable. We can pursue compensation for the damages you have incurred from your child’s injury. To do so, we will prove four essential facts in your case:
- The responsible party owed you and your child a duty of care.
- The responsible party did not uphold their duty of care.
- Because of the responsible party’s failure, your child suffered a birth injury leading to the development of an intellectual disability.
- You incurred economic or non-economic damages because of your child’s injury.
Duty of Care
We first have to show that the responsible party owed you and your child a duty of care. Since the responsible party or parties likely consisted of healthcare providers and the medical facilities (e.g., a hospital or clinic) employing them, this duty is implied. All doctors, as well as their staff and their employers, owe their patients a professional duty of care.
Failure to Uphold Duty
We then must demonstrate that the responsible party failed to uphold their duty of care. To show this failure, we use the “reasonable person” standard. That is, how did the responsible party’s actions compare to those one would expect from a reasonable person in the same situation? We can bring in medical experts to testify from the perspective of a reasonable person with the same education and training.
Birth Injury Leading to Intellectual Disability
Next, we must create a nexus between the responsible party’s failure and your child’s ongoing condition. That is, we must establish it is more likely than not that the responsible party’s failure led to your child’s birth injury, which caused his intellectual disability. We will collect overwhelming evidence to make this case. This evidence may include medical records, physicians’ statements, lab tests, medical studies, and testimony from expert witnesses.
Economic or Non-Economic Damages
Finally, we will list all the damages you have incurred because of your child’s condition, and we will pursue the responsible party for the full sum of these losses.
The Newsome | Melton Birth Injury Lawyers Help You Recover Medical Malpractice Damages
The Newsome | Melton team wants you to recover fair compensation for the losses you have incurred. We can pursue a settlement or judgment that may include the following:
- Medical expenses
- Lost wages
- Costs of ongoing care
- Pain and suffering
- Emotional anguish
- Scarring and disfigurement