A hemorrhagic stroke in a newborn occurs due to a blood vessel rupturing and bleeding either inside or on the surface of the brain. Arteries and smaller blood vessels form pathways that carry blood from the heart to the brain. If the blood vessels are abnormally developed, they can prevent the brain from getting oxygen, leading to a hemorrhagic stroke.
If you believe your child's hemorrhagic stroke may be linked to medical negligence, it's important to seek the advice of an experienced birth injury attorney as soon as possible. At Miller Weisbrod Olesky, our team of skilled and compassionate birth injury lawyers understand that caring for a child with this disorder often demands significant time, energy, and emotional resources.
We are committed to taking the time to listen to your story, thoroughly investigating the circumstances surrounding your child's diagnosis, and building a strong case to support your claim.
When people think of strokes, they typically associate them with older adults. However, newborns face the same risk of stroke as the elderly within the first 28 days of their lives. Pediatric strokes are the sixth leading cause of death in children.
A hemorrhagic stroke, also referred to as cerebral hemorrhage, is a serious and life-threatening medical event that is caused by a blood vessel rupturing in or near the brain. In newborns, approximately 45% are hemorrhagic in nature.
Recent Birth Injury Settlement:
Birth Injury settlement against a hospital in which nurses and physicians failed to properly monitor the mother's blood pressure during delivery causing an HIE event resulting in neonatal seizures and cerebral palsy at birth. Our national birth injury lawyers recovered $13,750,000 for the family to help with future medical expenses and developmental therapy.
With the recovery that Miller Weisbrod Olesky made for our son, I feel like our voice was heard in a sense of what can possibly go wrong in a delivery and finding us answers. I feel with our settlement, we are now in a comfortable position to provide for our son. Things are different because he's able to be in his own space. He's developing well. He is starting to speak a little bit more and live a bit more independently. He is also in school full-time and he gets help from his nurse aid that helps him with all his appointments, all his therapy. Pretty much, I feel like it kind of helped us in a good way. I feel like they care about your personal needs and how to make you comfortable in any situation.
Lyric C.
Mother of Miller Weisbrod Olesky Client
Early Detection of Hemorrhagic Strokes
Since the baby cannot verbally communicate what symptoms, they are experiencing, neonatal strokes are often difficult to detect. However, early detection and intervention are critical to minimizing the risk of permanent disability and stroke recurrence. This underscores the importance for doctors and parents to be vigilant to any potential signs of a stroke.
A stroke may be detected during pregnancy through advanced imaging or monitoring if certain risk factors are present. However, an infant cannot receive treatment for a hemorrhagic stroke until after they are born.
At Miller Weisbrod Olesky, our experienced birth injury attorneys understand the devastating impact these injuries can have on both the child and their family. We are committed to fighting for the rights of families affected by neonatal hemorrhagic stroke and helping them seek the justice they deserve.
Types of Hemorrhagic Strokes in Newborns
A stroke occurs when blood flow to the brain is suddenly reduced or blocked, causing damage to brain tissue. There are two main types of strokes a newborn might suffer: ischemic and hemorrhagic, and in some cases, both.
When the blood vessel bursts, the nearby brain tissue is exposed to a sudden surge of blood, which creates pressure that disrupts the flow of oxygen and essential nutrients in the brain.
Without oxygen, brain tissue begins to deteriorate and can die within minutes, resulting in permanent damage to the affected area. Strokes in children typically occur before, during, or shortly after birth. Because of their timing, these strokes may also be referred to as perinatal strokes.
Ischemic Stroke: This type of stroke occurs when a blockage prevents blood from reaching parts of the brain. In newborns, ischemic strokes typically arise from arterial or venous blockages that cut off blood supply and oxygen to certain regions of the brain.
Hemorrhagic Stroke: Unlike ischemic strokes, hemorrhagic strokes result from a blood vessel bursting in the brain and flooding the area between the brain and skull with blood. This bleeding causes pressure to build on nearby tissues, disrupting the normal flow of oxygen and nutrients to the brain. As the pressure increases, it can damage surrounding brain cells and lead to loss of function in the affected areas.
Hemorrhagic stroke may be further categorized into three types:
Intracerebral Hemorrhagic Stroke: This occurs when bleeding originates from blood vessels within the brain. Causes include arteriovenous malformations, cavernous malformations, and hematologic disorders.
Subarachnoid Hemorrhagic Stroke: This type of hemorrhagic stroke happens when blood collects under the arachnoid membrane and fills the space between the brain and the skull. This buildup of blood increases pressure on the brain and can cause tissue damage. The leading cause of a subarachnoid hemorrhagic stroke is often a brain aneurysm.
Subdural Hemorrhagic Stroke: A subdural hemorrhagic stroke, or hematoma, occurs beneath the dura mater, a protective membrane surrounding the brain. In children, these strokes are often triggered by severe head injuries.
The loss of healthy brain tissue can significantly affect a newborn's development, impacting motor skills, cognitive abilities, and even basic bodily functions. Additionally, due to the rapid progression of this condition and the pressure that accumulated blood places on surrounding brain tissue, hemorrhagic strokes in newborns are often life-threatening.
While some hemorrhagic strokes may occur due to natural causes or pre-existing conditions, others can be linked to complications during childbirth. Families of newborns who have suffered from a hemorrhagic stroke as a result of medical negligence should consult with a skilled birth injury malpractice attorney who can investigate the circumstances surrounding the birth and work to hold the responsible parties accountable for their actions.
What Causes Hemorrhagic Strokes?
Anything that disrupts, damages, or blocks blood vessels in a newborn's brain can cause a neonatal stroke. Neonatal strokes are commonly classified as either ischemic or hemorrhagic.
An arterial ischemic stroke is the more common type of neonatal stroke, and occurs when blood clots or structural abnormalities restrict blood flow to the baby's brain or spinal cord. Hemorrhagic strokes in newborns are often caused by issues such as head injuries or aneurysms that lead to bleeding within the brain.
Whether an ischemic or hemorrhagic stroke, the resulting injuries when brain cells are damaged are often permanent and can have profound effects on effects on a child's physical, cognitive, and emotional development.
Some additional possible birth complications and injuries that can cause hemorrhagic stroke include:
Blood Vessel Abnormalities and Weaknesses
Aneurysms: Some blood vessels in the brain have weak spots that can balloon outward. If untreated, these weakened areas may rupture, causing bleeding into the brain.
Arteriovenous Malformations (AVM): AVMs are tangled clusters of abnormally formed blood vessels that can rupture and bleed into the brain, leading to a hemorrhagic stroke.
Arterial Dissection: Tears in the lining of an artery, known as arterial dissections, can allow blood to leak into brain tissue.
Birth-Related Trauma and Complications
Head Trauma During Delivery: The use of tools like forceps or vacuum extraction can sometimes result in head injuries, damaging fragile blood vessels and leading to hemorrhage. When these instruments are used improperly or applied with excessive force, it can lead to skull fractures, intracranial hemorrhage, or other serious brain injuries.
Placental Abruption: When the placenta separates from the uterus prematurely, it can create clots that may travel to the baby's brain, causing a stroke. The overuse or improper administration of labor-inducing medications can lead to placental abruption by causing contractions that are too intense, prolonged, or closely spaced together.
Oxygen Deprivation (Hypoxia): Lack of oxygen during or immediately after birth may cause brain injury and raise the risk of stroke. If there is a delay in performing a cesarean section (C-section) or other necessary interventions when complications arise, the baby may be deprived of oxygen for too long. Lack of oxygen during or immediately after birth can cause brain injury and increase the risk of stroke. One serious condition resulting from prolonged oxygen deprivation is hypoxic-ischemic encephalopathy (HIE).
Premature Rupture of Membranes (PROM): Premature rupture of membranes occurs when the amniotic sac breaks before labor begins. If the membranes rupture too early, it may increase the likelihood of a baby being born prematurely.
Babies born prematurely often have underdeveloped blood vessels, making them more vulnerable to bleeding in the brain.
Clotting and Blood Disorders
Clotting Abnormalities: Clotting disorders such as hemophilia, brain tumors, heart and sickle cell disease can increase the risk of bleeding in the brain. Other inherited clotting disorders also make infants more susceptible to hemorrhagic strokes.
Thicker Blood in Newborns: Newborns typically have thicker blood than adults, with a higher concentration of red blood cells. This can increase the risk of clotting, especially if dehydration occurs in the first few days after birth. When clots form in dehydrated newborns, there's a greater chance of blood vessel blockages or ruptures in the brain.
Placental Thrombosis: Clots that form within the placenta can disrupt the flow of oxygen and nutrients to the fetus. Eventually, these clots may make their way to the baby's brain and cause a stroke.
Maternal Health Conditions and Infections
Maternal Infections and Coagulation Disorders: Certain infections and coagulation disorders or bleeding disorders in the mother can increase clotting risks, leading to potential stroke in the newborn. Examples of maternal infections and health conditions that can raise the risk of neonatal strokes include urinary tract infections (UTIs), preeclampsia, chorioamnionitis, and viral infections such as herpes simplex virus (HSV).
Family History of Clotting Disorders: If there is a family history of clotting issues, the newborn may be at higher risk for stroke due to a genetic predisposition.
Congenital Heart Disease: When the mother has heart defects that allow clots to bypass the lungs, there is a higher risk that these clots will travel to the baby's brain.
Gestational Diabetes and Other Maternal Health Conditions: Gestational diabetes, along with other maternal health conditions like high blood pressure or obesity, can increase the risk of complications during pregnancy.
For example, if left untreated, maternal hypertension can lead to poor placental blood flow, which may reduce oxygen and nutrients available to the baby. This can increase the likelihood of vascular issues, including weakening of the blood vessels in the baby's brain, making them more vulnerable to rupture.
Other Conditions and Risk Factors
Ischemic Stroke Complications: In some cases, ischemic strokes (caused by clots obstructing blood flow) are different than hemorrhagic strokes, tin some cases, they can lead to hemorrhagic strokes when blood vessels are damaged.
Diseases and Infections: Conditions such as Moyamoya disease, cerebral amyloid angiopathy, and infections like sepsis and meningitis are serious conditions in newborns. These infections can lead to narrowing or inflammation of the blood vessels in the brain, increasing the risk of hemorrhagic stroke.
Congenital Heart Defects: If a newborn has a birth defect such as a hole in the heart (e.g., atrial or ventricular septal defect), it makes it easier for blood clots to bypass the lungs and travel directly to the brain, potentially causing a stroke.
In such cases, a seasoned birth injury attorney can help affected families secure the resources they need to support their child's health and development.
Signs and Symptoms of a Hemorrhagic Stroke in Newborns?
Hemorrhagic strokes are particularly dangerous because they cause symptoms that quickly get worse without prompt medical attention. Many children may not survive a neonatal stroke and those who do often face persistent neurological deficits and seizure disorders.
The typical symptoms observed in older children and adults, such as speech problems or imbalance, are difficult or impossible to detect in a newborn. As such, the occurrence of a neonatal stroke frequently goes unnoticed for months or even until the baby is much older.
Neonatal Seizures are one of the earliest signs that a newborn suffered a stroke. This typically occurs as early as the first day after birth. The following are common symptoms of seizures in newborns.
Staring episodes
Repetitive facial movements (sucking, chewing, or eye movements)
Apnea or pauses in breathing with a slowed heart rate
Muscle stiffening or tightening
Quick, single jerks involving one arm, leg, or the entire body
Rhythmic jerking of the face, arms, legs, or other body regions
As infants who experienced a neonatal stroke grow older, more obvious signs may become apparent. These include:
Lethargy and extreme sleepiness (hypotonia)
Sudden, severe headaches
Falling to one side repeatedly
Difficulty sucking, swallowing, or feeding properly
Experiencing double vision or dizziness
Having difficulty talking or saying words that don't make sense
Trouble turning their head or body to one side
Keeping one hand clenched in a fist
Being unable to bring their hands together to clap or play
Stiffness or weakness (hemiparesis) on one side of the or in one arm or leg
Delays in reaching motor milestones such as rolling over, sitting up, or crawling
Favoring the use of one hand over the other
Signs and symptoms of a neonatal stroke vary depending on the underlying cause and the specific area of the brain affected. While it can be challenging to determine the exact cause of a stroke in children, a pediatric neurologist may conduct a series of neuroimaging diagnostic tests, such as MRI or CT scans.
If you suspect your child may be having a stroke, seek immediate medical help by calling 911 or going directly to the nearest emergency room. Early intervention is essential for minimizing potential long-term effects and providing your child with the best chance for recovery.
Diagnosing a Hemorrhagic Stroke
If your child is showing symptoms of a hemorrhagic stroke, the diagnostic process typically begins in the emergency room. The doctors will start by conducting a thorough physical and neurological examination to assess your child's symptoms and overall condition.
They will also ask about any recent head injuries, illnesses, or family history of bleeding disorders to gather important information for diagnosis. Once the initial evaluation is complete, the medical team will use neuroimaging tests to confirm the presence of a stroke and better understand the extent of the damage.
These tests provide detailed images of the brain and blood vessels and can help doctors identify the specific area of the brain affected by the stroke.
Neuroimaging Tests
Computed Tomography (CT Scan): A quick and effective test that uses X-rays to create images of the brain, helping doctors identify bleeding and structural abnormalities.
Magnetic Resonance Imaging (MRI): This test uses magnets and radio waves to produce detailed images of the brain and is particularly useful for detecting damage caused by a hemorrhagic stroke.
Magnetic Resonance Angiography (MRA): This advanced MRI technique focuses on the blood vessels in the brain, helping doctors detect issues such as narrowing, blockages, or other vascular abnormalities that may be contributing to the stroke.
Electroencephalography (EEG): This non-invasive test involves placing electrodes on the child's scalp to record the brain's electrical activity. It is particularly useful if your child is experiencing seizures, as it helps doctors detect irregular brain patterns associated with seizure activity.
Imaging and diagnostic tests are painless and noninvasive. However, some procedures may require the use of an intravenous (IV) line to administer contrast agents that enhance the images. Since MRI scans require the patient to remain still for an extended period, younger children may need sedation to ensure accurate results.
Additionally, the medical team may recommend a cardiology evaluation to check for potential cardio-embolic causes of the stroke, such as clots originating from the heart.
Other Exams
Blood Tests: The medical team will also conduct blood tests to assess for any underlying issues that could be contributing to the stroke, such as clotting or bleeding disorders. This can include a panel for thrombophilia (clotting disorders), inflammatory conditions, or metabolic problems.
Physical and Neurological Exam: A thorough physical exam, including a detailed neurological assessment, will help the doctors understand how your child's brain functions and gather more information to guide the diagnosis.
*In some cases, genetic studies may be recommended to check for hereditary risk factors that could increase the likelihood of blood clotting.
Lumbar Puncture (LP): If needed, the medical team may order additional tests, such as a lumbar puncture (LP), to examine cerebrospinal fluid for signs of infection or inflammation that could have caused the stroke.
These diagnostic procedures work together to provide a complete picture of your child's condition, helping doctors identify the root cause of the stroke and determine the most appropriate course of treatment.
Based on the results of these tests, a team of specialists, including pediatric neurologists, rehabilitation specialists, pediatric neurosurgeons, and hematologists, will collaborate to develop a comprehensive treatment plan tailored to your child's needs.
Treatments for Hemorrhagic Stroke
If a diagnosis of hemorrhagic stroke is made within the first hours of its onset, doctors may be able to administer emergency treatments to minimize damage and stop the stroke from progressing. Timely intervention is essential in improving the chances of a successful recovery.
In cases where a blood clotting disorder causes a hemorrhagic stroke, doctors may urgently administer medications such as blood thinners to prevent further clotting and reduce the risk of additional brain damage.
Seizures are common in hemorrhagic stroke cases, and anticonvulsant medications are often prescribed as part of the emergency treatment to prevent further seizures and protect brain function. These emergency interventions are critical to stabilizing the patient and preventing further neurological damage.
Once initial testing is completed, your child's healthcare team will evaluate the results and explore possible interventions. Depending on the findings, they may consult neurosurgery and interventional radiology specialists to explore possible interventions. One potential surgical intervention is aneurysm clipping or AVM (arteriovenous malformation removal).
In this procedure, a neurosurgeon may place a metal clip at the base of the aneurysm to stop blood flow and prevent further rupture. Alternatively, the abnormal blood vessels causing the bleeding in the AVM may be removed to prevent future strokes.
The treatment your child receives will depend on several factors, including the cause, location, and severity of the stroke, as well as your child's overall health and age. These factors will guide the healthcare team in determining the most appropriate course of action.
Microsurgery: This approach involves a neurosurgeon making small incisions and openings in the skull. Using a high-powered microscope, the surgeon can carefully navigate around critical areas and precisely repair the underlying cause of the stroke.
Open Surgery: For certain cases, open surgery may be necessary. This procedure involves making larger incisions to directly access the affected area of the brain. While this approach is more invasive, it may be required for complex cases where the cause of the hemorrhagic stroke cannot be reached through less invasive methods.
Endovascular Procedures: In this minimally invasive procedure, an interventional radiologist guides a thin, flexible tube called a catheter through an artery in the upper part of the child's leg up to the area where the ruptured aneurysm or AVM is located.
Once in position, a metal coil or other device is inserted to stop further bleeding. These procedures eliminate the need for a skull incision, providing a safer treatment option and facilitating a faster recovery for your child.
Therapy Options After a Neonatal Stroke
Regardless of the cause, most children who experience a hemorrhagic stroke require long-term care to manage its effects. Your child's stroke team will collaborate with specialists to create a comprehensive rehabilitation plan, which may include:
Physical Therapy: Physical therapy is designed to help children restore movement and strength, particularly when motor functions have been impaired by a stroke. Through targeted exercises and activities, physical therapists work with children to improve balance, coordination, and muscle control.
Occupational Therapy: Occupational therapy focuses on helping children develop the skills needed for daily activities, such as dressing, eating, and personal hygiene. By working on fine motor skills, coordination, and adaptive techniques, occupational therapists help children regain some of their independence.
Speech-Language Therapy: If a stroke has impacted a child's speech or language abilities, speech-language therapy aims to restore and enhance their communication skills. Speech-language therapists assist children with articulation, language comprehension, and expression, supporting them in developing effective communication both at home and in social settings.
Neuropsychological Support: Neuropsychological support addresses the cognitive and emotional changes that may arise following a stroke. Neuropsychologists help children understand and cope with memory issues, attention challenges, or emotional responses that may accompany their recovery.
While there is currently no treatment to restore brain cells that have died, the brain has a remarkable ability to adapt, especially in children. Healthy, undamaged brain cells can often learn to take over some of the functions of those that were lost, a process known as neuroplasticity.
Though the recovery process may be slow, with early intervention and consistent rehabilitation, many children can rebuild skills and regain abilities lost due to the stroke.
Filing a Birth Injury Lawsuit
A birth injury lawsuit is a type of legal action that a parent may file on behalf of a child against negligent doctors, hospitals, or other healthcare professionals for causing the child to suffer a preventable birth injury. Through a birth injury lawsuit, families can recover compensation to help ease the financial burden of covering their child's treatment and care costs.
While each case is different, most lawsuits generally follow the same process. A lawyer with experience in birth injury cases can file your case, gather evidence, and pursue full and fair compensation on your behalf.
Here's how our birth injury attorneys will support you through the entire lawsuit process:
Free Case Review
Begin by contacting one of our birth injury lawyers, where we will evaluate if you are eligible to file a birth injury lawsuit. Your case will likely be accepted if we can determine that medical malpractice may have played a role in your child's birth injury.
Gather Evidence
As soon as you qualify for a lawsuit, your dedicated birth injury malpractice attorney will gather information and evidence related to your case to build a strong claim. In proving a child's birth injury was caused by medical negligence, critical pieces of evidence like medical records, witness statements, and the employment history of the medical professional in your case are crucial to filing a successful lawsuit.
File the Lawsuit
Once all initial information has been gathered, your attorney will file your lawsuit in the proper court of law. You and your family will become the Plaintiffs (the party taking legal action) as soon as the case is filed.
The medical providers whose conduct may have caused your child harm will become the Defendants (the party being sued). Every state has a deadline for filing a birth injury lawsuit, also known as the statute of limitations.
Your birth injury lawyer will be mindful of your state's statute of limitations and ensure your case is filed on time. The lawsuit will outline the charges in the lawsuit and give the defendants around 30 days to respond.
If the defendants fail to respond, judgment can automatically be entered for the plaintiff. If the defendants send a response but fail to take responsibility, they will explain why they believe they are not at fault for your child's injury.
Discovery
As soon as the defendants file a response, your attorney will gather more evidence, such as additional medical records, medical expense reports, and other documents related to your child's birth injury to strengthen your case.
You, your loved ones, and medical experts may have to give statements or answer questions under oath during this time. Both parties will also exchange information and evidence relevant to their respective cases to build strong arguments. A skilled birth injury malpractice attorney can pursue the legally required evidence to prove that the medical professionals did not uphold a high standard of care.
Settlement Negotiations
Once both sides prepare their case, settlement negotiations may begin. The goal of this phase is for both parties to reach an official agreement (settlement) that resolves the dispute without going through the time and expense of a full trial.
The defendants will agree to pay a lump sum of money to you if the lawsuit reaches a settlement and all legal action stops. Our lawyers are prepared to represent your best interests in court if your case is unresolved during this phase.
Go Through a Trial
A case will proceed to trial if it is not resolved in settlement negotiations. During a trial, a judge and jury will hear arguments from both legal teams and examine all the evidence presented by each party. A verdict is reached once each side has had the opportunity to present their cases and a judgment entered. In some cases, the losing side may appeal the decision.
*Although trials may award you with more compensation than a settlement, you risk receiving no financial compensation at all if you lose. Let our lawyers help you win the compensation you need to help pay for the cost of your child's care.
Medical Malpractice in Birth Injury Cases
When a doctor makes a mistake or is negligent while delivering a baby, the result is often an injury to a mother, her child, or both. Although not all birth injuries are indicative of medical malpractice, an attorney can ensure that if your provider was negligent in your child's care, you get the compensation you deserve.
Failure to properly monitor the mother during her pregnancy
Failure to administer the proper antibiotics or administering the wrong antibiotics to a mother with an STD or other maternal infections before delivery
While most people automatically picture doctors and nurses when medical malpractice liability comes to mind, additional parties involved who played a role in the healthcare of a pregnant woman and her baby may also be held accountable in a birth injury lawsuit.
The following types of medical providers and/ or facilities may be held responsible for committing medical negligence:
Maternal-fetal medicine physicians and specialists (MFM)
Laboratory staff
While healthcare providers like doctors and nurses are often the ones medical malpractice lawsuits are brought against, there are times when a hospital could also be held responsible.
A hospital can be vicariously liable for an employee's negligent actions that caused harm during work hours or while the employee was performing a job-related task. For example, a hospital may be held vicariously liable for the negligent mistakes of an OBGYN during a patient's pregnancy or delivery.
A hospital may also be held directly liable for its own actions. For instance, hospitals may face direct liability for a patient injury caused by a failure to establish and adhere to medical protocols and standards.
Whether it was a doctor, the hospital itself, or another medical professional, we can help you determine the cause of your child's birth injury and hold healthcare providers accountable for their actions.
Evidence of Negligence
When you file a birth injury claim, your lawyer must be prepared to present evidence that proves that a doctor's or hospital's negligence caused your child's birth injury. In a birth injury lawsuit, the plaintiff must be able to prove each of the following four legal elements.
Duty of Care: Before the provider will have a duty of care, the plaintiff must be able to establish a provider-patient relationship. Upon establishing this relationship, the medical provider is expected to meet a relevant standard of care that a medical professional with the same specialization would have exercised under the same conditions.
Breach: The next element the plaintiff must prove is that the healthcare provider or facility breached that duty by failing to meet the applicable standard of care.
Causation: The plaintiff must then demonstrate that the healthcare provider's negligent care directly caused their or their child's injuries.
Damages: Finally, the plaintiff must show that the harm they or their child suffered resulted in specific expenses and other losses. These losses may include anything from the cost of lifelong medical care to emotional suffering.
In birth injury cases, compelling evidence must be presented by the plaintiff's attorney to establish liability and secure damages. The birth injury lawyers at Miller Weisbrod Olesky can collect evidence on your behalf, consult with medical experts to determine the cause of the injury, and identify all negligent medical professionals who contributed to you or your child's birth injury.
Legal Damages Available in a Birth Injury Lawsuit
When a doctor or hospital's negligence, wrongful action, or lack of action before, during, or after childbirth results in injuries to you or your child, you may be entitled to seek financial compensation.
Damages in birth injury lawsuits generally fall into two categories: economic and non-economic. Economic damages refer to the financial losses you've sustained due to the injuries you or your child suffered. Non-economic damages refer to subjective, monetary losses and are meant to compensate the victim for pain and suffering experienced as a result of the birth injury.
Economic Damages
Medical expenses (including the cost of any future medical care)
The cost of any medications or surgeries
Rehabilitation and therapy costs (occupational, physical, and speech)
Lost income or wages of parents (including future loss of income)
The cost of assistive devices like wheelchairs or communication aids
Lost future earning capacity (if the child's birth injury impacts the child's ability to work in the future)
The cost of special education services and tutors
Home modification costs (such as ramps or accessible bathrooms)
The cost of assistive devices
Costs associated with a caregiver or home nurse
Non-Economic Damages
Physical pain and suffering
Reduced quality of life
Disfigurement and permanent scarring
Emotional or mental anguish
Paralysis, scarring, and disfigurement
Post-traumatic stress disorder (PTSD)
Loss of consortium
Punitive or Exemplary Damages may be awarded in addition to economic and non-economic damages. These damages are often difficult to prove and only awarded in cases where the medical professional's behavior is intentional or especially negligent.
Punitive damages are intended to punish the at-fault party and deter others from committing similar wrongful behavior.
The settlement award you may receive will depend on various factors, including the nature and severity of your child's condition, the impact of the injury on the child's quality of life, and the financial damages you have suffered.
A dedicated birth injury lawyer can help you prove all your damages and calculate the potential value of your medical malpractice settlement.
Statute of Limitations in A Texas Birth Injury Lawsuit
Statutes of limitations (SOL) are established by law in each state and dictate the time-frame within which a personal injury lawsuit must be initiated. Typically, the countdown begins on the date of the injury.
However, the discovery rule provides an exception to this rule in cases where the injury was not immediately apparent. Under this rule, the clock doesn't start ticking until the injured person discovers or reasonably should have discovered their injury.
This can be confusing, so it's advisable to contact a knowledgeable birth injury attorney to discuss your and your child's legal rights and options.
For damages (other than medical expenses) incurred until age 18, a lawsuit must be filed by the time the child turns 14.
To recover medical expenses for the child from birth until age 18, the lawsuit must be filed within two years of the date of the accident.
If the statute of limitations expires in your case, you may lose the opportunity to seek compensation. A birth injury malpractice lawyer can determine the specific deadlines that apply to your unique situation and ensure paperwork is filed on time.
How Our Birth Injury Lawyers Can Help
While neonatal strokes are rare, they can lead to lifelong challenges, often leaving parents wondering where to turn for support and answers. If your newborn has suffered a hemorrhagic stroke and you believe medical negligence is to blame, you may be entitled to compensation for your child's medical treatment, ongoing care, and future needs.
At Miller Weisbrod Olesky, our experienced team of birth injury lawyers are dedicated to helping families who have been impacted by neonatal strokes and other birth injuries hold negligent healthcare providers accountable and secure the compensation they deserve. We understand how overwhelming it can be to care for a child facing the long-term effects of a neonatal stroke.
The sooner you reach out to us, the sooner we can begin investigating your case and gathering the evidence needed to support your claim. We work on a contingency fee basis, meaning you won't pay any legal fees unless we win your case. Contact us today to schedule your free consultation by calling our toll-free line at 888-987-0005 or by filling out our online request form.
Free Birth Injury Lawsuit Consultation
Helpful Resources
As your child grows, their needs for therapy and services may change. This section will review some common questions and resources that your child may need both inside and outside of the hospital.
Common Questions
Common questions to ask your physician after your child has experienced a stroke during birth.
What type of stroke did my child have?
Do you know why my child had a stroke?
Is my child at risk for seizures?
What are the signs of seizures?
What should I do if my child has a seizure?
Are there things that I need to do to prevent another stroke?
Does my child need therapy now and in the future?
Will my child need to be on medications after the stroke diagnosis?
What should I look for when I get home to warn me that something may be wrong?
Will my child be able to return to school? If yes, when?
What does the school need to know?
Will my child need an Individualized Education Plan (IEP) to help them with physical or learning changes?
Helpful Resources
Below, you will find some reliable websites that you can turn to. As a caregiver, support for yourself is just as important as caring for your child. Information on self-care, mental health and support groups can be found on these websites:
