South Florida Lawyers for Iatrogenic Birth Brain Injuries

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Iatrogenic injuries are those caused directly by medical care and are often preventable as long as staff follow standardized care guidelines. When dealing with newborns, a short delay or a minor dosing error can cause life-changing injuries. Because a baby’s brain is extremely vulnerable in the days after birth, they are very sensitive to the effects of drugs, oxygen level changes, and other stresses.

Failure to Diagnose Stroke or Aneurysm

Symptoms of stroke typically present in a newborn within days of birth. Seizures, apnea, poor appetite, and poor muscle tone are signs of a perinatal or neonatal stroke. Although rare, brain aneurysms in newborns carry severe possible outcomes. If left untreated, the condition can worsen and become very dangerous.

Medical mistakes may include: failure to recognize stroke or aneurysm as an emergency; delaying the order of neuroimaging or misreading the results; failing to escalate care or consult pediatric neurology.

Medication-Induced Brain Injury

Newborns are extremely vulnerable to medication errors for several reasons. Because medication doses are based on weight, the baby’s organs are still developing, and NICU babies often receive multiple medications, there is a serious risk involved in administering medications to newborns.

Medication errors may cause oxygen deprivation, seizures, low blood pressure, decreased responsiveness, and long-term brain damage.

That’s why it’s so important that medical staff administer the correct dose and the correct medication to newborns. When giving a newborn sedating drugs, opioids, or anticonvulsants, staff must properly monitor the baby for adverse drug reactions.

Post-Surgical Brain Injury

Following brain surgery, newborns are vulnerable to low oxygen and low blood pressure issues. They may also experience blood clots or other issues that can have long-term effects on the baby. It’s critical that medical staff monitor the baby before, during, and after surgery for any signs that the baby is struggling.

Symptoms of post-surgical brain injuries include: seizures; apnea; poor appetite; poor muscle tone; developmental delays; and weakness on one side.

Medical staff can make the situation worse by failing to properly monitor oxygenation/ventilation and blood pressure; failing to recognize neurologic changes in recovery/NICU; failing to use proper neuromonitoring (EEG); and making medication errors during anesthesia or in pain control after the surgery.

Iatrogenic FAQ’s

Can a newborn have a brain aneurysm?

Yes. However, they are very rare, and as a result, doctors may first look for other causes of symptoms, such as infection, bleeding, oxygen deprivation, or metabolic problems. That being said, if a baby has signs of brain bleeding or unexplained neurological problems, doctors may need to consider vessel imaging to look for an aneurysm or vascular malformation.

A brain aneurysm is a weak or bulging part of a blood vessel. When the vessel ruptures, it can cause bleeding in or around the brain, which may trigger seizures, brain swelling, stroke, and other serious complications.

Why are newborn strokes sometimes missed?

Strokes in newborns are difficult to diagnose in large part because they do not display the same symptoms as adults. Babies cannot communicate when they have a headache, weakness, vision loss, or confusion. The symptoms are much more subtle and can be confused with symptoms of other injuries or conditions.

Warning signs can include twitching, feeding problems, sleepiness, abnormal tone, or breathing changes. These symptoms may present after birth or once the baby has been discharged from the hospital.

Can a baby recover from a newborn stroke?

Some babies recover well, especially with early diagnosis, seizure control, therapy, and close follow-up. Others may have long-term challenges. Recovery largely depends on the type of stroke, which part of the brain is affected, the size of the injury, and whether the baby had other problems, such as infection, bleeding, or oxygen deprivation, as those can lead to other injuries.

Some children who suffer a stroke may need physical therapy, occupational therapy, speech therapy, seizure medication, developmental services, or special education support as they get older. Even if a baby looks better after the hospital stay, regular follow-up care is important because some problems may not become clear until the child grows.

How can a medication cause brain damage in a newborn?

Medications that interfere with breathing, oxygen levels, blood flow, blood sugar, clotting, or bilirubin levels can cause brain damage. That can include certain pain medications, anesthesia drugs, sedatives, and magnesium sulfate. If oxygen levels drop and the baby does not receive support quickly, the brain may be injured.

Babies with jaundice, prematurity, kidney problems, liver problems, or infections may be at risk from other medications. The risk is often not only the medication itself, but the failure to dose it correctly and monitor the baby closely afterward.

Are medication errors more dangerous for newborns than adults?

Absolutely. Medication errors can be especially dangerous for newborns because newborns are very small and need carefully calculated doses. Even the smallest mistake can turn into an overdose. Premature babies and sick newborns may also have immature kidneys, liver function, breathing control, and nervous systems. Those issues can make it harder for their bodies to process medication safely.

Can oxygen loss from medication cause permanent injury?

Yes. If a medication slows a baby’s breathing or causes the baby to stop breathing, oxygen levels can fall. The newborn brain is very sensitive to oxygen loss. Oxygen problems treated quickly may not cause lasting injury, but severe or prolonged oxygen loss can lead to permanent harm.

Possible outcomes may include seizures, cerebral palsy, developmental delay, feeding problems, movement problems, or learning difficulties. The key questions are often how long the baby had poor oxygen levels, how quickly staff recognized the problem, and whether staff provided proper resuscitation and monitoring.

What symptoms should parents watch for after newborn surgery?

Post surgery, parents should keep a close eye out for seizures, unusual twitching, stiffness, limpness, poor feeding, weak sucking, trouble breathing, repeated pauses in breathing, unusual sleepiness, high-pitched crying, abnormal eye movements, or trouble waking for feedings.

As that baby grows, warning signs can include delayed milestones, poor head control, weakness on one side, feeding problems, vision problems, or developmental delays. Some symptoms can be subtle, especially in newborns in the NICU.

Parents know their baby’s behavior better than anyone, so if something seems wrong or if their baby’s condition changes after surgery, it’s important that they seek medical care right away.

How do doctors know if a newborn has a brain injury after surgery?

Doctors may diagnose brain injury through exams, EEG testing, blood work, ultrasound, CT scan, or MRI. EEG testing helps detect seizures, including seizures that may not be obvious from the outside. An MRI is useful because it can show patterns of injury, such as stroke, bleeding, swelling, white matter injury, or oxygen-related damage.

Doctors may also review the baby’s oxygen levels, blood pressure, heart rate, blood sugar, blood gases, and surgery records. These records can help show whether the baby had a period of instability before the injury was discovered.

Can a post-surgical brain injury cause long-term problems?

Yes. Some babies recover well, especially when the injury is mild, and treatment begins quickly.

However, in more serious cases, babies may develop long-term problems such as cerebral palsy, seizures, developmental delay, speech delay, feeding problems, vision problems, hearing problems, learning disabilities, or behavior challenges.

Some issues may not be apparent during the newborn period, and the baby may need follow-up care from neurology, developmental pediatrics, physical therapy, occupational therapy, speech therapy, and early intervention services. Long-term monitoring is important because children may show new challenges as they grow and are expected to meet more advanced milestones.

When to call an attorney for iatrogenic birth brain injuries

There is no excuse for medical staff making a mistake that causes short-term or long-term damage to your newborn. If your newborn suffered seizures, apnea, unexplained tiredness, or neurologic decline, and you were told they were “normal” conditions, you need to speak with the experienced birth injury lawyers at Weisser Law today.

While medical staff may not have made a mistake, we will review your records, medication logs, and other hospital documents to determine if the medical malpractice injury was preventable and caused by medical malpractice.

Serious injuries demand serious representation. With over 50 years of experience in courtrooms across Florida, the team at Weisser Law has the reputation and record you need to secure every dollar of compensation you deserve. Weisser Law, where exceptional experience means exceptional results.

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