When your baby is born, it is likely they will spend the majority of their first few days sleeping. However, if they suffered birth complications or suffered from the doctor’s errors or mistakes during their birth, they may spend more time unconscious or comatose rather than simply asleep.
There are many complications and problems with childbirth caused by errors and mistakes in your child’s delivery that could be considered medical malpractice. For help looking into your child’s treatment and filing a medical malpractice lawsuit, call the Miami attorney for infant unconsciousness and birth complications at Prosper Shaked Accident Injury Attorneys PA. To set up a free legal consultation, call us today at (305) 694-2676.
Medical Malpractice Causing Unconsciousness in Newborns
If your child suffers from excessive lethargy and unconsciousness after being born, it may be a sign that your doctor did something wrong to cause your child serious birth injuries. In some cases, birth injuries and complications are unavoidable because of unforeseen difficulties with the process of giving birth or risk factors for the mother or child. However, other cases involve mistakes and errors on the part of the physician that are unacceptable results of negligence and inattention.
Many injuries that lead to unconsciousness or a vegetative state involve serious brain injuries. Babies have undeveloped brain tissue and nervous systems. They also have little to protect these vital organs and body systems from injury or damage because their skull and the rest of their body is not yet developed. In many instances, accidents or negligence during the delivery can cause brain damage.
This kind of brain damage is often caused by either traumatic injury or lack of oxygen (hypoxia). Traumatic brain injury can occur from unnecessary or aggressive use of forceps – large, curved metal claims used to pull the baby from the birth canal. These injuries can also happen from dropping or jostling the baby. Hypoxia can occur from strangulation by the umbilical cord or other issues that limit the flow of oxygen to the baby (such as a kinked umbilical cord) or limit the baby’s ability to pump oxygen to the brain (such as strangulation or compression of the carotid artery). Other brain injuries can also cause similar symptoms.
Brain injuries like these can interfere with the body’s ability to regulate itself, potentially leading to reduced blood pressure, seizures, or even vegetative states.
Suing for Unconsciousness and Vegetative States in Newborn Babies
If your doctor’s negligent care resulted in your baby falling unconscious and suffering additional health concerns or comas, you may be able to take them to court. A lawsuit against your negligent healthcare provider can get you compensation to cover your child’s medical care, pain and suffering, and other health effects.
A doctor is required to give all patients care that conforms to the expected standards of what a reasonable physician would do in the same case. Obstetricians owe both mothers and babies this duty, and any healthcare decisions or procedures that fall below this standard can justify a lawsuit.
The damages for a baby with problems staying conscious can include compensation for the additional medical care and therapy to treat the condition as well as pain and suffering damages. If your child’s condition is permanent and will affect them into adulthood, you may also be able to claim damages for the future healthcare costs and pain and suffering as well as damages for future lost wages.
In the case of a baby who falls into a coma or persistent vegetative state, the damages may be more severe. These kinds of conditions often lead to death in cases involving infants and newborns, but even if the baby does not die, you may face high medical care costs to keep them hospitalized. This can put immense pain and suffering on the child as long as they remain in a vegetative state. If the child does pass away, you may suffer more substantial damages for your loss. Your lawyer can help you calculate and prove these damages in court.
Holding Doctors Responsible for Birth Injuries
As mentioned, some birth injuries and complications are unavoidable. Medical science and human abilities can only go so far to protect newborns during their birth, and doctors may be unable to help every child. However, this does not excuse a doctor’s inattention, mishandling of the situation, or medical mistakes. Most of your case will revolve around proving that these injuries were part of a mistake or error and not just unavoidable complications.
Your lawyer can call a medical expert as an expert witness during your case. This expert can testify as to what a reasonable physician should have done to care for your child, highlighting the errors your doctor made. The jury is allowed to take the expert’s testimony as fact and use that evidence to reach a decision in your favor.
To prove your case and hold your doctor responsible for your child’s injuries, you must also prove that their mistakes actually caused your child’s condition. This can be difficult if there was an intervening injury, such as mishandling by a nurse. However, you may be able to sue any hospital staff that also contributed to the child’s injuries.
Call Our Miami Lawyer for Unconsciousness and Comas in Newborns
If your newborn fell into a coma soon after their birth or frequently passes out or falls unconscious, the doctor who delivered them may be responsible for medical errors or mistakes that contributed to their health condition. To learn more about filing a medical malpractice lawsuit to seek financial compensation for your child’s injuries, call Prosper Shaked Accident Injury Attorneys PA today. Our Miami attorney for infant unconsciousness caused by birth complications can be reached at (305) 694-2676.