Newborn Seizures Attorney

What to Know About Seizures in Newborns

Newborn seizures attorneys are legal professionals who specialize in cases where newborns experience seizures due to possible medical negligence or birth-related injuries. 

f your newborn child experienced seizures resulting from issues like improper prenatal care, errors during delivery, or failure to treat conditions such as oxygen deprivation or infections, you may be entitled to compensation.

You can start by contacting an attorney experienced with infant seizures and epilepsy cases.

By reviewing medical records and consulting experts, our team of Chicago birth injury lawyers aims to determine if the healthcare providers failed to meet the standard of care. 

Our goal is justice for affected families, covering costs for long-term care, therapies, and other needs resulting from neonatal seizures and related issues.

We are Newborn Seizures Attorneys

We’re a Chicago-based birth injury lawyer specializing in medical malpractice with extensive experience representing clients in cases involving birth injuries, including newborn seizures and newborn epilepsy.

We have successfully litigated numerous cases where patients suffered harm due to seizures and associated neurological problems in newborns, securing compensation for medical expenses, lost wages, and pain and suffering. 

Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for their clients’ rights. 

We focus on clients in Chicago, Illinois, and the surrounding areas. 

What Causes Newborn Seizures or Neonatal Seizures?

Neonatal or infant seizures are often caused by factors that disrupt normal brain function or development, and they can indicate underlying neurological issues. 

Common causes include lack of oxygen to the brain (hypoxic-ischemic encephalopathy), infections such as meningitis, metabolic imbalances (like low blood sugar or calcium levels), and brain hemorrhages. 

Other factors can be genetic disorders, traumatic birth injuries, or maternal drug use during pregnancy. 

Early detection and treatment are critical to minimizing long-term effects, as these seizures can impact brain development depending on their cause and severity.

Common Types of Seizures in Babies

Common types of seizures in babies include subtle seizures, which may involve repetitive eye movements or lip-smacking, and clonic seizures, characterized by rhythmic jerking movements of limbs. Other types include tonic seizures, where the baby’s body stiffens, and myoclonic seizures, involving sudden, brief muscle jerks.

Subtle Seizures in Newborns 

Subtle seizures in newborns are mild and often difficult to recognize, as they don’t involve the obvious convulsions seen in older children or adults. 

These seizures may present as repetitive movements, such as eye blinking, lip-smacking, or small, jerking movements of the arms, legs, or face.

Other signs can include irregular breathing, brief pauses in breathing (apnea), or changes in heart rate. 

Because these signs can be hard to distinguish from normal newborn behavior, subtle seizures are often detected through careful observation or EEG monitoring.

Clonic Seizures in Newborns

Clonic seizures in newborns are characterized by repetitive, rhythmic jerking movements in specific muscle groups, usually affecting one side of the body (focal clonic) or, less commonly, both sides (multifocal clonic). 

These jerking movements are typically consistent and occur in short bursts, often lasting several seconds.

Clonic seizures can result from various neurological issues, including brain injury or infection, and may signal underlying medical conditions that require further evaluation and treatment.

Tonic Seizures in Newborns

Tonic seizures in newborns involve a sudden stiffening or tightening of the baby’s muscles, often affecting the arms, legs, or neck.

During a tonic seizure, the baby’s body may straighten or bend in an unusual posture, and these episodes typically last only a few seconds to a minute. 

Tonic seizures often indicate brain injury or developmental issues and are usually linked to conditions like hypoxic-ischemic encephalopathy or cerebral malformations, necessitating prompt medical attention and evaluation.

Myoclonic Seizures in Newborns 

Myoclonic seizures in newborns are characterized by sudden, brief jerking movements or twitches in the baby’s muscles, often affecting the arms, legs, or whole body.

These quick, shock-like contractions can occur individually or in clusters and may happen randomly or in response to stimulation. 

This type of seizure in a newborn can be a sign of serious neurological conditions, such as metabolic disorders, genetic syndromes, or brain injury, and require immediate medical evaluation to determine the underlying cause and appropriate treatment.

Grand Mal Seizures in Newborns

Grand mal seizures, also known as generalized tonic-clonic seizures, are rare in newborns because their brain structures are still developing and generally don’t support this type of seizure pattern. 

However, if grand mal-like activity is observed, it may involve both phases: a tonic phase with muscle stiffening and a clonic phase with rhythmic jerking of the limbs. 

These seizures, if present in a newborn, may indicate significant neurological issues such as severe brain injury or metabolic disturbances and would require urgent medical evaluation and intervention.

What are the Signs of a Seizure in a Newborn?

Signs of a seizure in a newborn can vary widely and are often subtle.

Common signs include repetitive movements like lip-smacking, eye blinking, or sucking motions, as well as jerking or twitching of the arms or legs. 

Other indicators may include sudden stiffening of the body (tonic movements), irregular breathing, or pauses in breathing (apnea).

Sometimes, changes in heart rate, skin color, or unusual eye movements (such as fixed staring or eye deviation) can also signal a seizure, though these signs are easily mistaken for typical newborn behaviors.

What are the Risk Factors for Newborn Seizures?

Several risk factors can increase the likelihood of infant seizures, including:

• Premature Birth. Infants born before 37 weeks of gestation are at higher risk due to underdeveloped brain structures.
• Low Birth Weight. Babies with a low birth weight (less than 5.5 pounds) may be more susceptible to seizures.
• Birth Complications. Events during labor and delivery, such as oxygen deprivation (hypoxia), traumatic birth injuries, or prolonged labor, can lead to seizures.
• Infections. Neonatal infections like meningitis or sepsis can irritate the brain and trigger seizures.
• Metabolic Disorders. Conditions such as hypoglycemia (low blood sugar), hypocalcemia (low calcium levels), or other metabolic imbalances can increase seizure risk.
• Genetic Factors. Certain genetic conditions or congenital disorders may predispose infants to seizures.
• Maternal Factors. Maternal drug use, particularly of anticonvulsants or illicit substances during pregnancy, can affect the baby’s neurological health.
• Family History. A family history of epilepsy or other seizure disorders may elevate risk.

These factors can interact in complex ways, and not all infants with these risk factors will experience seizures.

Early identification and management of risk factors by healthcare professionals is critical for reducing the chances of seizures and related complications.

How Common are Seizures in Newborns?

Seizures are relatively uncommon in newborns, occurring in approximately 1 to 3 per 1,000 live births.

However, the risk is higher in infants with certain risk factors, such as premature brain injury, low birth weight, or complications during delivery that may lead to brain damage or oxygen deprivation. 

Newborn seizures are one of most common neurological emergencies in this age group, and their early detection is essential as they can indicate serious underlying conditions needing prompt medical attention.

What are the Effects of a Seizure on a Newborn?

The effects of a seizure on a newborn can vary depending on the seizure type, duration, and underlying causes.

Immediate effects may include temporary loss of consciousness, muscle stiffness, or jerking movements, which can cause physical injury if the baby is not properly monitored.

Long-term effects may include developmental delays, cognitive impairments, and an increased risk of epilepsy or other neurological disorders. 

Some newborns may experience ongoing health issues related to the underlying causes of the seizures, such as brain injury or metabolic disorders, which can affect their overall growth and development. 

Who is Liable for Newborn Seizures?

Liability for newborn seizures often depends on the underlying cause and the circumstances surrounding the birth.

Potentially liable parties include:

• Medical Professionals. Obstetricians, pediatricians, or other healthcare providers may be held responsible if negligence in prenatal care, labor, or delivery contributed to the seizure, such as failing to monitor fetal distress or not addressing maternal health issues.
• Hospitals and Clinics. Healthcare facilities can be liable if inadequate staffing, improper protocols, or failure to provide necessary equipment contributed to the seizure.
• Pharmaceutical Companies. If seizures result from a medication taken by the mother during pregnancy, a drug manufacturer may be liable if the drug was defective or inadequately tested for safety.
• Other Factors. In some cases, seizures may result from genetic factors or conditions that do not involve negligence, in which case liability may not apply.

Legal cases often require thorough investigation, expert testimony, and medical records review to establish if negligence occurred and determine liability.

If you think you have a claim, consult with a malpractice attorney who handles cases involving newborn seizures. 

How to File a Claim with a Newborn Seizures Attorney

Filing a claim for newborn seizures typically involves several steps to seek compensation for medical expenses, long-term care, and other related costs.

Here’s a general outline of the process:

1. Consult a Birth Injury Attorney. Start by contacting an attorney who specializes in medical malpractice birth injury cases. They can assess your situation and determine if there is a valid claim based on negligence or malpractice.
2. Gather Evidence. Collect all relevant medical records, including prenatal care documents, delivery notes, and any subsequent evaluations or treatments for the newborn. This information is crucial in establishing a link between your infant’s seizures and potential medical negligence.
3. Obtain Medical Opinions. Your attorney may seek expert opinions from medical professionals or medical providers who can evaluate the circumstances surrounding the seizures and confirm if there was any deviation from the standard of care.
4. File a Claim. Your counsel will help you file a formal claim or lawsuit against the responsible parties, detailing the basis for your claim, the extent of the injuries, and the damages being sought.
5. Negotiate and potentially settle. After filing the claim, there may be a negotiation phase where the parties discuss a settlement. If a fair settlement cannot be reached, your case may proceed to trial.
6. Trial and Litigation. If no settlement is reached, work with your attorney throughout the process for updates and to provide any additional information needed if the case goes to trial.

It’s important to be aware of the statute of limitations in your jurisdiction, as there are specific time frames within which you must file a claim.

Definitions And Background Information On Newborn Seizures 

1. What is a newborn seizure and what is newborn epilepsy? 

A newborn seizure refers to an abnormal electrical discharge in the brain that results in involuntary movements or changes in behavior in an infant during the first month of life. These seizures can manifest in various forms, including subtle movements, jerking, or stiffening of muscles, and they may indicate underlying neurological issues.

Newborn epilepsy, on the other hand, is a broader term that describes a condition where an infant experiences recurrent seizures due to a persistent underlying neurological disorder. 

Unlike isolated seizures, newborn epilepsy involves a pattern of seizures that can vary in type and frequency. It may result from various causes, such as genetic factors, brain malformations, or metabolic disorders. 

2. What are the risk factors for newborn seizures?

Risk factors for newborn seizures include premature birth, low birth weight, and birth complications such as oxygen deprivation. Additionally, infections, metabolic disorders, genetic factors, maternal drug use, and a family history of seizure disorders can increase the likelihood of seizures in infants.

3. How long do you have to file a claim if your newborn suffers from seizures at birth?

The time limit to file a claim for newborn seizures or any kind of birth injury varies by jurisdiction but typically ranges from one to three years from the date of discovery of the injury or the date it reasonably should have been discovered.

In Illinois, the statute of limitations for filing a birth injury claim is typically within 8 years of the date of the injury, or before the child’s 22nd birthday, whichever is later.

4. Can you file a claim against a doctor if your newborn has a seizure?

Yes, you can file a claim against a doctor for newborn seizures or epilepsy occurring during childbirth if you believe that the seizure resulted from the doctor’s negligence, failure to provide a standard level of care, or other wrongful actions or omissions during prenatal care, labor, or delivery.

5. Can you file a claim against your OB for newborn seizures or epilepsy?

Yes, it’s possible to file a claim against an obstetrician (OB) for a seizure or newborn epilepsy if there’s evidence of negligence or malpractice that led to the injury. Seizures can be a symptom of neurological disorders that have long-lasting consequences for both the child and the family, so it’s important to seek legal advice if you believe negligence played a role. 

6. Can you file a claim against a hospital if your newborn has a seizure?

Yes, you can file a claim against a hospital for a birth injury if you believe that the seizure resulted from negligence, improper procedures, inadequate staffing, or other failures on the part of the hospital or its staff.

7. Can you file a claim against an emergency room for a seizure in a newborn?

Filing a claim against an emergency room for a seizure that occurred during labor and delivery is less common but not impossible. 

If a pregnant woman or newborn receives negligent care or suffers harm due to medical errors in the emergency room during childbirth, it may be possible to pursue a claim for medical malpractice against the hospital and its staff, including emergency room personnel. However, the specifics of the case would need to be carefully evaluated to determine liability and the viability of the claim.

8. Will a confirmed seizure in a newborn automatically lead to a valid legal claim against the health care provider?

A confirmed seizure or newborn epilepsy does not automatically guarantee a valid legal claim against the healthcare provider. 

While the injury is a crucial factor in a potential medical malpractice claim, establishing liability requires demonstrating that it resulted from the healthcare provider’s negligence or failure to meet the accepted standard of care. A thorough investigation, supported by medical evidence and expert testimony, is necessary to establish the elements of medical malpractice and pursue a successful legal claim.

9. What are the long term impacts of newborn seizures?

Seizures in a newborn can have lifelong consequences, impacting the child’s physical health, cognitive development, and overall quality of life. They may require ongoing medical care, rehabilitation, and support services.

10.  If I die or my child dies as a result of a seizure, will the claim die as well?

If you or your child die as a result of a seizure or any other birth injury, your claim may transition to a wrongful death claim, allowing certain family members or beneficiaries to pursue legal action on your behalf.

11. How long do I have to file a lawsuit, and how long is it likely to take before I receive compensation?

The time limit to file a lawsuit for a newborn seizure or epilepsy case varies by jurisdiction, typically ranging from one to six years, while the duration to receive compensation can vary significantly depending on factors such as case complexity and negotiations, potentially taking months to several years.

In Illinois, the statute of limitations for filing any kind of birth injury claim is typically within 8 years of the date of the injury, or before the child’s 22nd birthday, whichever is later.

12. Does Illinois have any limits on medical malpractice damages?

Illinois does not have statutory limits or caps on medical malpractice damages, meaning there is no cap on the amount of compensation that can be awarded for economic or non-economic damages in medical malpractice cases. 

However, it’s essential to consult with a birth injury lawyer and to check for any updates in the law prior to making a claim, as regulations can change over time.

13. How much compensation can I receive in a newborn seizure lawsuit?

The amount of compensation you can receive in a newborn seizure or epilepsy case in Illinois and elsewhere varies widely depending on factors such as the type and severity of the seizure, the long-term impact on the child and family, medical expenses, lost income, and pain and suffering. 

Settlements or jury awards can range from thousands to millions of dollars. Consulting with a qualified attorney who specializes in newborn epilespy cases in your area can provide a better estimate based on the specific circumstances of your case.

14. What to do if you think your child has experienced a seizure?

If you or your child have suffered from a seizure or any kind of birth injury, consider seeking a second opinion from another healthcare provider, gather all relevant medical records and documentation, and consult with a qualified medical malpractice attorney to explore your legal options.

15. How do you prove a seizure occurred in a newborn?

Proving that a seizure occurred involves gathering medical records, consulting with medical experts, and conducting a thorough review of the circumstances surrounding labor and delivery. Medical evidence such as diagnostic tests, imaging studies, and expert testimony can help establish the extent of the injury and its likely cause. 

Documenting any deviations from the accepted standard of care, such as errors in medical judgment or failure to respond appropriately to complications during labor and delivery, is crucial in demonstrating medical negligence and establishing liability for seizure.

16. When any type of seizure is listed on an insurance claim​ form for childbirth, what will​ happen?

When any kind of injury is listed on an insurance claim form, the insurance company will typically review the claim to assess liability and determine coverage. Depending on the circumstances, the insurance company may conduct their own investigation, request additional information or documentation, and may ultimately approve or deny the claim based on the terms of the policy and their assessment of the situation. 

If the claim is approved, the insurance company may provide compensation to cover medical expenses and other damages resulting from the injury, subject to the limits of the policy and any applicable deductibles or copays. 

If the claim is denied, the claimant may have the option to appeal the decision or pursue other avenues for seeking compensation, such as filing a lawsuit against the responsible parties.

17. How many instances of newborn seizures occur during childbirth per year?

The exact number of newborns or neonates who experience seizures every year can vary depending on various factors such as region, healthcare practices, and population demographics. Seizures or epilepsy in newborns is relatively rare, occurring in a small percentage of births. 

In the United States, for example, it’s estimated that seizures occur in approximately 1.5% of live births and typically happen during the first 1-2 weeks post-delivery. However, these figures can fluctuate over time and may be influenced by improvements in obstetric care, advances in medical technology, and efforts to reduce the risk of complications during childbirth.

18. My doctor caused a birth injury and my newborn had seizures. Now what?

If you believe your doctor caused your baby’s seizures or other birth injury, the first step is to seek immediate medical attention for your child to address any urgent medical needs. It’s also essential to gather and organize all relevant medical records and documentation related to the childbirth process and the injury sustained. 

Next, consult with a qualified attorney experienced in medical malpractice and birth injury (ideally specifically seizures in newborns) cases in your jurisdiction to discuss your legal options. 

Your attorney can help you understand your rights, navigate the legal process, and pursue compensation for the damages incurred as a result of the birth injury, including medical expenses, pain and suffering, and other losses.

19. Can you file a claim for newborn seizures or newborn epilepsy?

Yes, you can file a claim for a newborn epilepsy or seizures if you believe that they resulted from medical negligence or malpractice during prenatal care, labor, or delivery. Filing a claim allows you to seek compensation for the damages incurred as a result of this type of birth injury, including medical expenses, pain and suffering, and other losses. 

It’s advisable to consult with a qualified attorney experienced in medical malpractice and birth injury cases in your area to understand your legal rights and options for pursuing a claim.

Find Out If You Have A Newborn Seizure Birth Injury Case In Chicago, Illinois

Do you think you have a legal claim based on newborn seizures or epilepsy that occurred in Illinois? If you are located in Chicago or the surrounding areas, contact the experienced Chicago Medical Malpractice Lawyers for a free case evaulation today.