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January 12, 2025By Thomas & Wan
Birth Injuries

How Is Medical Malpractice Linked to Skull Fractures?

How Is Medical Malpractice Linked to Skull Fractures

Skull fractures in newborns are a serious and often preventable type of birth injury. While some fractures may occur due to unavoidable complications during delivery, others result from medical negligence or errors. Medical malpractice linked to skull fractures can cause long-term physical, cognitive, and emotional consequences for the baby and their family.

In this article, we’ll explore the causes of skull fractures in newborns, how medical malpractice contributes to these injuries, and the legal options available to families affected by negligent care.

What Are Skull Fractures in Newborns?

A skull fracture occurs when a newborn’s fragile skull is subjected to excessive force during labor or delivery. The severity of the fracture depends on its type:

  1. Linear Fractures: These are simple cracks in the skull, usually less severe and may heal without surgery.
  2. Depressed Fractures: Portions of the skull are pressed inward, potentially causing pressure on the brain and requiring surgical intervention.
  3. Compound Fractures: These involve a break in the skin over the skull and carry a higher risk of infection.

Common Causes of Skull Fractures

While skull fractures can sometimes result from unavoidable circumstances, many cases are linked to preventable errors, such as:

Improper Use of Delivery Tools

Delayed or Prolonged Labor

Woman screaming during child birth

Mismanagement of Fetal Position

Inadequate Monitoring During Labor

Rough Handling During Delivery

How Is Medical Malpractice Linked to Skull Fractures?

Medical malpractice occurs when a healthcare provider fails to meet the standard of care, resulting in preventable harm. Several scenarios connect medical malpractice to skull fractures during delivery:

Failure to Anticipate Risks

Improper Use of Delivery Techniques

Woman giving birth in hospital with medical team

Delayed Decisions

Lack of Communication Among Medical Staff

Inadequate Post-Delivery Care

Long-Term Consequences of Skull Fractures

The long-term effects of skull fractures depend on the severity of the injury and whether it was treated promptly and appropriately. Possible complications include:

Disabled child training to walk by parent

Legal Options for Families Affected by Medical Malpractice

If a skull fracture occurred due to medical malpractice, families have the right to pursue legal action. A medical malpractice claim can provide compensation to help cover:

  1. Medical Expenses: Including hospital bills, surgeries, therapies, and follow-up care.
  2. Rehabilitation Costs: Physical, occupational, or speech therapy required for recovery.
  3. Pain and Suffering: Compensation for emotional distress caused by the injury.
  4. Future Care Needs: For long-term medical or educational support related to the injury.

Proving Medical Malpractice

To succeed in a medical malpractice claim, your attorney must prove:

  1. Duty of Care: The healthcare provider had a responsibility to provide competent care.
  2. Breach of Duty: The provider failed to meet the accepted standard of care.
  3. Causation: The breach directly caused the injury.
  4. Damages: The injury resulted in measurable losses, such as medical bills or reduced quality of life.
gavel hammer in court

How Thomas & Wan LLP Can Help

At Thomas & Wan LLP, we specialize in representing families affected by birth injuries, including skull fractures caused by medical malpractice. With decades of experience, we provide:

Skull fractures in newborns are often preventable with proper care and attention during delivery. When medical malpractice leads to these injuries, families deserve justice and the resources needed to support their child’s recovery and future care.

If your family has been impacted by a skull fracture linked to medical negligence, contact Thomas & Wan LLP today for a free consultation. Let us help you secure the compensation and support your family needs to move forward.

Talk to an Attorney

If you believe medical negligence played a role in your situation, reach out for a free consultation.

Contact Thomas & Wan