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Alvin Wolff Jr. & Associates

Infant Brain Damage Malpractice St. Louis Area


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8/14/2015
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Infant Brain Damage Lawyer in St. Louis

 

Infant brain damage is a tragic event that can shatter the lives of the families that it affects, turning what was expected to be the happiest days of their lives into a time of grief, anger and fear. Even worse, in many cases the child will be faced with lifelong disabilities. In addition to the emotional challenges, the financial consequences can be devastating to new parents. In many cases, however, infant brain damage is the result of medical malpractice, meaning that with the help of a skilled Missouri medical malpractice lawyer, you can be financially compensated for your losses.

 

Causes of Infant Brain Damage

 

Infant brain damage typically occurs during delivery, but can occur either beforehand or afterwards. In many cases infant brain damage is the result of hypoxia (insufficient oxygen to the brain) or anoxia (complete lack of oxygen to the brain). Some of the main causes are:

 
  • The umbilical cord is wrapped around the baby’s neck during birth
     

  • Forceps are misused during delivery
     

  • The infant’s heartbeat is not properly monitored during delivery, preventing medical staff from reacting promptly to an emergency
     

  • The delivery process is unnecessarily prolonged

  • Misuse of drugs such as pitocin

  • Inadequate monitoring, communication and followup

 

Possible Consequences

 

A brain-damaged infant is likely to experience extensive pain and suffer numerous physical and cognitive disabilities. Extensive long-term medical treatment may be required, including:

 
  • Rehabilitation
     

  • Physical therapy
     

  • Speech therapy
     

  • Occupational therapy
     

  • Long-term home or nursing home care
     

  • Multiple surgeries
     

  • Repeated hospitalizations

 

Damage Awards and Settlements

 

Because of the severity and longevity of so many cases if infant brain damage, damages and settlement values tend to be high, sometimes well into seven-figure territory (millions of dollars).

 
  • In 2010, a plaintiff in Rhode Island won a settlement for $4 million for infant brain damage arising from hypoglycemia when nurses failed to follow orders from a doctor.
     

  • In 2004, a plaintiff won a $5.5 million settlement due to infant brain damage caused by the negligence of a nurse and a midwife

 

The amount of the recovery, however, depends on the specific facts of each individual case.

 

Beware: The Missouri Statute of Limitations

 

In Missouri, you generally have two years from the date that a medical malpractice claim arises until the date that you file a lawsuit. With an infant, it is two years from the 18th birthday. Usually, your claim will “arise” on the date that the medical mistake occurs or the date that your doctor tells you about it. Nevertheless, in some cases of brain injury (such as cerebral palsy), the extent of the brain damage typically does not become apparent until a couple of years have passed. In such cases, you have two years from the date that you first learned of the full extent of the damage, with an ultimate deadline of 10 years from the date that the malpractice occurred.

 

Taking Aggressive Action

 

Simply “calling a lawyer” is unlikely to be an appropriate response if your infant has suffered brain damage at the hands of a hospital or doctor – you need a Missouri medical malpractice lawyer who possesses rich experience dealing with infant brain damage cases. Alvin Wolff is experienced, aggressive and relentless in protecting his clients’ interests, and he will not stop until you receive every dime you are entitled to. Call 314-241-2500 today for your free initial consultation.

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