Basal Ganglia Damage

The brain controls a person’s ability to communicate, move, and make decisions, and brain health is critical to maintaining a happy and productive life. Unfortunately, delays and mistakes during the birthing process can cause infants to suffer brain damage that impairs their ability to function. For example, damage to the basal ganglia can cause lifelong issues with cognition and movement. Typically, such harm is caused by the carelessness of the mother’s health care providers, and families devastated by preventable birth injuries can often recover damages. If your infant sustained basal ganglia damage at birth, you have the right to seek compensation for your losses, and it is advisable to speak to an attorney about your potential claims. The Baltimore birth injury lawyers of Arfaa Law Group understand the impact an infant’s preventable harm can have on a family, and if we represent you, we will work tirelessly to help you seek a favorable result.

The basal ganglia are parts of the brain that help control movement and behavior. As such, injuries to the basal ganglia can cause significant cognitive deficits and neurological conditions. For example, they may impact a person’s ability to speak or to begin, stop, or maintain a position or movement. It can also lead to diminished muscle tone, memory issues, rigidity, difficulty walking, and involuntary movements.

In infants, basal ganglia damage is often caused by a lack of oxygen. In other words, if a provider fails to perform an emergency c-section when there are signs a fetus is in distress or at risk for suffering significant harm, it may lead to oxygen deprivation and subsequent brain damage. Strokes in utero can cause damage to the basal ganglia as well. Additionally, trauma sustained during the birthing process and untreated in-utero infections can lead to basal ganglia injuries.

Basal ganglia injuries often not only cause physical detriments they also frequently lead to significant emotional distress and economic losses. As such, parents of children who suffer brain damage during delivery often seek to hold the parties that caused their harm responsible via a birth injury lawsuit. Generally, a plaintiff in a birth injury case will assert a negligence claim against the defendant.

In Maryland, a plaintiff alleging negligence in the context of medical care must first demonstrate that the defendant had a duty to comply with the applicable standard of care, which is the care that a competent practitioner would offer in a similar situation. The plaintiff must then show that the defendant’s actions demonstrate a breach of the standard of care. For example, if a reasonable doctor would perform a c-section on a mother expecting a baby that measured very large for their gestational age and the defendant failed to do so, it may be considered a breach of the standard of care. In most cases, the plaintiff will need to hire a medical expert to establish the standard that applies and explain to the jury how the defendant deviated from the standard.

The plaintiff must then establish proximate cause. In other words, the plaintiff must show that the defendant’s breach of the standard of care was a substantial factor in bringing about the harm suffered and that the birth injury would not have occurred absent the breach. Proving causation also usually requires expert testimony. In many cases, the defendant will argue that the injuries in question were cause by other factors and will offer expert testimony in support of their position as well. As such, whether the defendant is deemed liable will depend on whether the jury finds the defendant’s expert or the plaintiff’s expert more compelling.

Careless errors made by medical professionals during labor and delivery can injure the basal ganglia and other critical parts of an infant’s brain, causing permanent harm. If your child sustained basal ganglia damage at birth, you may be able to recover compensation from the health care providers responsible for their harm, and it is prudent to speak to an attorney as soon as possible. The trusted Baltimore lawyers of Arfaa Law Group can evaluate the circumstances surrounding your child’s harm and advise you of your options for seeking a just outcome. We have an office in Baltimore where we regularly represent people in birth injury cases. You can contact us by calling 410-889-1850 or by using our online form to schedule a conference.