Hydrocephalus is a condition that occurs when the fluid that cushions the brain and spinal cord fails to drain, resulting in a buildup of fluid in the skull.
When it happens in newborns and infants, whose skull bones are still soft and malleable, it can cause the baby’s head to enlarge to make room for the fluid. Older children and adults with hydrocephalus complain of severe headaches, a result of pressure placed on the skull by the excess fluid.
If your child developed hydrocephalus from a birth injury, you may have grounds for a medical malpractice lawsuit against the doctor. A hydrocephalus birth injury lawyer from Newsome | Melton can help you recover damages. Our dedicated legal team fights for the rights of clients whose babies suffered injuries from medical malpractice. For a free case evaluation, call us today at 888-526-8947.
The Doctor May Be Responsible for Your Child’s Hydrocephalus
Some children develop hydrocephalus from congenital conditions, such as spina bifida. In such cases, malpractice may not be a factor because the child was genetically predisposed to the ailment. In other situations, however, children acquire the ailment via external means, birth injury being one possibility.
If your child acquired hydrocephalus from a birth injury, there are several ways in which the doctor or other healthcare professionals may be responsible. One, the doctor’s negligence may have caused the birth injury or made it more likely to occur. Two, because of negligence or lack of attentive care, the doctor may not have recognized the issue in time to respond to it.
Negligence, Birth Injury, and Hydrocephalus
Children may develop hydrocephalus after experiencing bleeding in the brain, which may be the result of head trauma during delivery. Head trauma may occur during childbirth if the doctor misuses an assistance device, such as forceps or a vacuum extraction device, to extract the baby from the birth canal.
A hydrocephalus birth injury lawyer can investigate your child’s injury and hydrocephalus condition to determine if medical negligence played a role.
Delayed or Misdiagnosis of Hydrocephalus
Even if your doctor was not negligent during the delivery itself, he or she has a duty to recognize any signs or symptoms your newborn exhibits that could indicate something is wrong. When your doctor does not recognize these indicators, he or she cannot prescribe treatment promptly.
Some of the most common signs of hydrocephalus in a newborn include:
- Bulging at soft spots in the skull
- A palpable gap between skull bones
- A rapidly growing head circumference
- Swollen veins in the skull
- Eyes cast downward (“sunsetting”)
If you believe your doctor or his or her staff contributed to your child’s condition, a lawyer from Newsome | Melton can help you recover malpractice damages. Call 888-526-8947 for a free case evaluation.
File a Medical Malpractice Lawsuit for Your Child’s Hydrocephalus Birth Injury
A hydrocephalus birth injury lawyer at Newsome | Melton can put together a compelling claim on your behalf. A successful medical malpractice claim demonstrates four things:
- The doctor or healthcare provider owed you a duty of care.
- The defendant did not follow a reasonable standard of care.
- Your child suffered harm as a result.
- Your family incurred damages because of your child’s injury or medical condition.
Duty of Care
We first must show that the defendant owed you and your child a duty of care. All doctors, as well as their staff, including nurses, physicians’ assistants, and lab technicians, owe patients a duty of care.
Failure to Follow a Standard of Care
The second thing we must show is that the defendant failed to follow a reasonable standard of care. That is, the doctor’s actions fell short of what one would expect from a reasonable professional in the same situation. A medical expert witness can provide compelling testimony about the standard of care.
Hydrocephalus Birth Injury
Third, we must show how the defendant’s negligence led to your child’s development of hydrocephalus. We can use several types of evidence to show this, including medical records, physicians’ statements, and expert witness testimony.
Economic or Non-Economic Damages
The final thing we must demonstrate is that your family suffered economic and non-economic damages because of your child’s injury. We will pursue the full sum of your damages from the defendant.
Recover the Compensation Your Family Needs
The Newsome | Melton team helps you recover damages for your child’s hydrocephalus birth injury. You may be eligible to receive compensation for the following and more:
- Medical bills
- Lost wages
- Costs of ongoing care for your child
- Pain and suffering
- Emotional distress
Statute of Limitations
To recover medical malpractice damages for your child’s hydrocephalus birth injury, you must file a lawsuit within your state’s statute of limitations. This time limit can greatly vary from state to state.
Call for a Free Consultation with Newsome | Melton
The hydrocephalus birth injury lawyers at Newsome | Melton are eager to get to work on your medical malpractice case right away. We want to help you recover damages for your child’s injury.