Has your newborn baby been diagnosed with brain damage? Your head may be spinning with several worries:

  • How could this have been prevented?
  • How will we handle medical care expenses?
  • Will our child ever have a normal life?
  • Should we consider a lawsuit?

We understand the pain your family is dealing with. When you're ready to seek answers, we're ready to help you find them.

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Our birth injury lawyers have the experience needed to help you and your family recover the compensation you need to support your child.

— Brian Mittman, Esq.

Parents preparing for the birth of a child are encumbered with a combination of excitement and anxiety. The idea of bringing a new life into this world is exhilarating. At the same time, it's easy to worry about the possibility of something going wrong. What if our child is born with an injury or brain damage?

For the vast majority of parents, this anxiety proves to be unfounded. However, occasionally medical professionals do make mistakes. Any birth injury is devastating, but the preventable ones are particularly heart-breaking. In these cases, it's important to hold negligent doctors and obstetricians liable for the various hardships these families must endure.

Compensation For Families

No new parent wants to hear that something went wrong during the birth process. These parents are often left feeling angry, confused, and looking for answers. Families are saddled with a variety of lifelong burdens. The financial and emotional costs are unimaginable. These victims deserve full compensation for:

  • Medical expenses - Brain damaged children often require frequent medication, doctor's appointments, possible surgeries,  physical, occupational, and mental therapy, and other forms of treatment.
  • Loss of quality of life - A brain-damaged child will be unable to enjoy many of the same pleasures of their peers. They will likely have difficulty advancing professionally and socially.
  • Pain and suffering - Both the child and his or her family are forced to deal with extreme pain and suffering. While these parents love their children unconditionally, these kids will have a great deal of difficulty with everyday tasks and struggle to fit in with peers.
  • Past and future wages - Taking care of a mentally disabled child is a big time commitment. Parents may be forced to cut down on work hours or leave their jobs altogether. Brain-damaged children will struggle to be financially independent.


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Causes Of Infant Brain Damage

There are several delivery complications that can cause infant brain damage.

Oxygen Deprivationcradled newborn head

Oxygen deprivation, or birth asphyxia, has been proven to cause a variety of health defects and cognitive impairments. Minor cases may cause relatively minor disorders, such as ADHD. More severe cases may lead to serious neurological diseases, mental retardation, and seizures. Birth asphyxia is one of the leading causes of Cerebral Palsy.

Physical Trauma During Birth

Childbirth is a delicate procedure and requires extreme caution by all of those involved. Some births may be more physically difficult and require extra assistance. If a vacuum or forceps are necessary, the physician must be extremely careful. Improper use of these tools (such as placement on the head) can have devastating consequences. A doctor being too physically rough while attempting a particularly difficult birth could also cause brain damage.


The health of a developing fetus is largely dependent on the health of the mother. Untreated infections are a common cause of infant brain damage. It's extremely important for physicians to monitor the mother's health so that such infections can be identified and treated in a timely manner. A failure to do so endangers the life of the child before he or she is even born. Those medical professionals who neglect to notice or treat an infection in the mother which results in brain damage may be held liable in a medical malpractice lawsuit.


Jaundice is a common condition in newborns which involves a yellowing of the skin and eyes. If left untreated, jaundice can degenerate into a type of brain damage called kernicterus. New parents should keep an eye out for yellow skin or eyes, and contact a physician immediately if these symptoms are observed. Responsible physicians will look for these signs long before you leave the hospital.


Some brain damage cases are more obvious than others. In some instances, hospital staff will immediately recognize warning signs shortly after the birth. Other symptoms may not surface until weeks, months, or even years after the child has been born when developmental delays become obvious.

Extreme Irritability

All newborn babies are expected to frequently cry. Those with brain damage often cry much more often, for longer durations, and at a higher pitch. If you regularly have difficulty getting your baby to stop crying by feeding, changing, or consoling him or her, you should consult with your doctor immediately.

Physical Signs

Not all brain damaged infants show physical symptoms, but many do. If you notice one or more of the following traits in your child, you should speak with a medical doctor ASAP:

  • Abnormally small skull
  • Large forehead
  • Deformed facial features
  • Abnormal spinal cord
  • Trouble focusing eyes

It's better to be safe than sorry with these symptoms. If you think there is even a small chance that something is wrong with your child, get to a doctor's office as soon as you can.

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