Brain Damage

When a child is born with brain damage, the joy of a new arrival is instantly replaced by a landscape of medical uncertainty and overwhelming financial stress. At the Kopec Law Firm, we understand that infant brain damage is rarely a “unfortunate accident”—it is often the result of preventable medical malpractice. If your child has been diagnosed with a brain damage birth injury, you are not just looking for a lawyer; you are looking for a lifeline to secure your child’s future. Call Baltimore brain damage lawyer Mark Kopec.

Causes of Infant Brain Damage: Pregnancy, Birth, and Beyond

Brain damage in newborns generally stems from oxygen deprivation (asphyxia), physical trauma, or untreated medical conditions. These errors can occur at three distinct stages.

1. During Pregnancy (Antenatal)

Proper prenatal care requires doctors to identify and manage risks that could affect the fetus’s brain development.

• Preeclampsia & Maternal Hypertension: High blood pressure in the mother can restrict blood and also oxygen flow to the placenta.
  • Risk Factors: First-time pregnancy, obesity, or history of hypertension.
  • Symptoms: Sudden swelling, headaches, or blurred vision in the mother.
  • Diagnosis: Monitored by Obstetricians (OB/GYNs) through blood pressure checks and also urine protein tests.
  • Treatment: Bed rest, blood pressure medication, or early delivery.
• Maternal Infections: Infections like Group B Strep (GBS), Toxoplasmosis, or Chorioamnionitis (infection of the amniotic fluid) can then cross the placenta.
  • Symptoms: Maternal fever, uterine tenderness, or foul-smelling amniotic fluid.
  • Diagnosis: Blood tests, vaginal swabs, and amniocentesis.
  • Treatment: Administered by Infectious Disease Specialists or OB/GYNs using IV antibiotics.

2. During Birth (Perinatal)

The window for brain damage is smallest—and most critical—during labor and delivery.

• HIE: Hypoxic Ischemic Encephalopathy: This is the most common form of birth-related brain damage, caused by total (anoxia) or partial (hypoxia) oxygen deprivation.
  • Risk Factors: Umbilical cord prolapse, placental abruption, or prolonged labor.
  • Symptoms: Fetal distress (abnormal heart rate), blue skin at birth, or a low Apgar scores.
  • Diagnosis: Neonatologists use MRIs, CT scans, and EEGs to detect brain swelling or cell death.
  • Treatment: Therapeutic Hypothermia (Brain Cooling) is the primary treatment, which must be started within hours of birth to prevent further cell decay.
• Physical Trauma & Forceps/Vacuum Misuse: Excessive force during delivery can cause intracranial hemorrhages (brain bleeds).
  • Symptoms: Bulging fontanelle (soft spot), seizures, or lethargy.
  • Diagnosis: Diagnosed by Pediatric Neurologists via cranial ultrasounds.
  • Treatment: Surgery may be required by a Pediatric Neurosurgeon to drain blood and reduce pressure.

3. After Birth (Neonatal)

Errors in the NICU or nursery can turn treatable conditions into permanent disabilities.

• Untreated Jaundice (Kernicterus): When bilirubin levels rise too high, they can become toxic and seep into brain tissue.
  • Symptoms: Yellowing of the eyes/skin, high-pitched crying, and also extreme floppiness.
  • Diagnosis: Pediatricians use a “Bili-light” test or blood serum tests.
  • Treatment: Phototherapy or exchange blood transfusions.
• Infant Hypoglycemia: Undiagnosed low blood sugar can starve the brain of the glucose it needs to function.
  • Treatment: Administered by Neonatal Nurses and doctors via glucose IVs or specialized feeding.

Potential Long-Term Outcomes

Brain damage is often permanent, leading to life-altering diagnoses that require 24/7 care:

• Cerebral Palsy (CP): Affecting motor skills and muscle tone.
• Epilepsy/Seizure Disorders: Chronic neurological instability.
• Cognitive Impairments: Learning disabilities and developmental delays.
• Microcephaly: A condition where the head is smaller than normal due to stunted brain growth.

Bringing a Medical Malpractice Claim with Baltimore Brain Damage Lawyer Mark Kopec

To recover damages, we must prove that a healthcare provider’s care fell below the “standard of care.” Common claims include:

1. Failure to Monitor: Ignoring signs of fetal distress on the heart rate monitor.
2. Delayed C-Section: Waiting too long to perform an emergency delivery when the baby is losing oxygen.
3. Medication Errors: Improperly administering Pitocin, which can then cause uterine tachysystole (excessive contractions) that cuts off oxygen.
4. Failure to Screen: Not testing the mother for infections or also the baby for high bilirubin.

Recoverable Damages with Baltimore Brain Damage Lawyer Mark Kopec

A successful lawsuit can provide the financial resources necessary to provide your child with a dignified life. Recoverable damages include:

• Economic Damages: Lifetime medical costs, specialized schooling, home modifications (ramps/lifts), 24/7 nursing care, and additionally lost future earning capacity.
• Non-Economic Damages: Pain and suffering, emotional distress, and also loss of enjoyment of life.

Next Step: Call Baltimore Brain Damage Lawyer Mark Kopec

Medical malpractice cases involving brain damage are incredibly complex. They require a legal team that can interpret fetal heart strips, consult with top-tier medical expert witnesses (such as life-care planners and pediatric neurologists), and stand up to hospital insurance companies.

Is your child’s future at stake? Then contact us today for a free, confidential case evaluation.

Visit our free consultation page or video. Then contact the Kopec Law Firm at 800-604-0704 to speak directly with Attorney Mark Kopec. He is a top-rated Baltimore Birth Injury lawyer. The Kopec Law Firm is in Baltimore and pursues birth injury cases throughout Maryland and Washington, D.C.