If your child suffered a neonatal stroke because of negligence by your doctor during childbirth, you may have grounds for a medical malpractice lawsuit.
A neonatal stroke is a disruption to the brain’s blood supply occurring during the first 28 days of a newborn’s life. When the brain does not receive enough blood, it is deprived of the oxygen it needs to function. If this condition lasts too long, permanent brain damage may result. Early intervention following the onset of a stroke can minimize the chance of permanent damage. It is your doctor’s duty to recognize the signs of neonatal stroke and take action.
If your child suffered a neonatal stroke because of negligence by your doctor during childbirth, or if your doctor misdiagnosed or failed to diagnose your child’s neonatal stroke leading to long-term damage, you may have grounds for a medical malpractice lawsuit.
A birth injury lawyer from Newsome | Melton can help. For a free case evaluation with a member of our team, call us today at 888-526-8947.
Your Doctor’s Responsibility to Prevent, Diagnose, and Treat Neonatal Stroke
The reported rate of neonatal strokes is one out of every 4,000 newborns. Many believe, however, that due to underreporting the actual rate is much higher. The condition has several potential causes. Many neonatal strokes are beyond any doctor’s control, while others are preventable. Even if your doctor’s actions did not contribute to your child’s stroke, he still had a responsibility to make a timely diagnosis and administer treatment.
In some cases, a doctor or healthcare provider’s negligence or wrongful actions during childbirth cause or contribute to a neonatal stroke. Head trauma is a common risk factor for the condition. This sometimes occurs when a doctor uses an assistance device, such as forceps or a vacuum, to speed up a difficult delivery.
Other risk factors for neonatal stroke include:
- Autoimmune disorders
- Coagulation disorders
- Cocaine use by the mother
- Congenital heart disease
- Maternal or fetal infection
- Diabetes
- Problems with the placenta
Your doctor should ask the right questions and perform the appropriate screening during your pregnancy to determine if you have one or more of these risk factors. If your doctor failed to do so, and it turns out your baby suffered a neonatal stroke because of one of these factors, we can show that your doctor was negligent.
The symptoms of neonatal stroke can be difficult to detect, so your doctor must be vigilant and watchful, especially if you have one or more risk factors. The most common are seizures, but not all babies who suffer neonatal strokes have them.
A neonatal stroke birth injury lawyer from Newsome | Melton can review your and your child’s medical records and identify where and how your doctor failed in his professional duty.
Newsome | Melton Can Help You Win Medical Malpractice Damages for Your Child’s Neonatal Stroke Birth Injury
The neonatal stroke birth injury lawyers at Newsome | Melton have a passion for helping clients whose children have suffered long-term effects from birth injuries. We can show that your doctor (or his staff member) committed malpractice by providing subpar treatment that failed to uphold professional standards.
Our team has fought and won many medical malpractice cases involving birth injuries. We understand that making a successful claim requires proving four things:
- Your doctor owed you a duty of care.
- Your doctor did not uphold his duty of care.
- Because of your doctor’s failure of duty, your child suffered a neonatal stroke birth injury.
- Your child’s injury caused you to incur economic or non-economic damages.
Duty of Care
The first thing we must show is that your doctor, or the healthcare provider who was responsible for your child’s birth injury, owed you and your child a duty of care. We can prove a duty of care by showing that you had an active doctor-patient relationship. All doctors owe a duty of care to their patients, and it extends to all staff members working for them.
Failure to Uphold Duty
The second thing we must demonstrate is that the responsible party did not uphold his or her duty of care to you and your child. We can make our case using the reasonable person standard. In other words, we can show that the responsible party’s actions fell short of what one would expect from a reasonable person — this person being another doctor or healthcare provider with similar education and training — in the same situation.
Medical expert witnesses can play the role of the reasonable person to review evidence and testify about how they would have responded to the situation in question.
Neonatal Stroke Birth Injury
The third thing we must show is that because of the responsible party’s failure to uphold his duty of care, your child suffered a neonatal stroke birth injury. That is, we must demonstrate that more likely than not, the responsible party’s negligence caused your child’s injury. We will gather evidence and make this link clear and compelling.
Economic or Non-Economic Damages
Finally, we will list all the damages you incurred as a result of your child’s injury, and we will pursue the responsible party for the full amount.
We Help You Recover Fair Compensation for Your Child’s Birth Injury
The neonatal stroke birth injury lawyers at Newsome | Melton help you recover compensation for every loss you have suffered because of your child’s condition. This includes:
- Medical bills
- Lost wages from missed work
- Ongoing care for your child
- Pain and suffering and inconvenience
- Emotional distress
- Scarring and disfigurement
Statute of Limitations
It is critical to be aware of the statute of limitations on birth injury lawsuits in your state. Our attorneys can go over the important deadlines that apply to your case and, if necessary, file a quick lawsuit to preserve your right to compensation.