Signs of Brain Damage in Premature Babies

Having a child born prematurely can be stressful and traumatizing enough on its own, let alone the mental anguish that occurs if you notice signs of abnormalities that may stem from brain damage. 

While there are many different signs and not every newborn presents the same way, there are some common signs of brain damage in premature babies. 

It can manifest as developmental delays, such as difficulties in motor skills, speech, or cognitive impairment.

Abnormal muscle tone, either too stiff (hypertonia) or too floppy (hypotonia), can also be an early sign. 

Seizures or abnormal reflexes, like a weak sucking reflex, may indicate neurological issues.

Sensory impairments, such as vision or hearing problems, are common. 

Feeding difficulties, including trouble sucking or swallowing, may be observed.

Imaging studies like MRIs can detect brain abnormalities, such as white matter injury or bleeding.

Early detection and therapy are crucial for improving outcomes.

Detecting Brain Damage in Premature Babies – Brain Damage Symptoms

Infant brain damage in premature newborns can be difficult to detect initially, but there are several signs and risk factors that might suggest potential neurological disorders.

Some common signs and conditions associated with brain damage in premature infants include (but are not limited to) the following:

Developmental Delays

Premature babies with a traumatic brain injury may experience motor skill delays or delays in learning to roll over, crawl, walk, or hold objects. Cognitive delays or difficulties in learning, memory, attention, and problem-solving can occur later on. Slow development of speech and difficulty understanding language may also be early signs of brain damage.

Abnormal Muscle Tone

Hypertonia (increased muscle tone) is a condition characterized by stiff or rigid muscles, making movement difficult while hypotonia (decreased muscle tone) presents as floppiness or difficulty holding the head up. Both conditions can indicate neurological issues in an infant.

Seizures

Seizures, which may appear as jerking movements or unusual eye movements, can be a sign of severe brain damage. Subtle seizures are sometimes hard to recognize but may present as repetitive movements like lip-smacking or staring episodes.

Feeding Difficulties

Premature babies with brain damage might struggle with sucking, swallowing, and coordinating these actions, leading to feeding problems and poor weight gain.

Abnormal Reflexes

Reflexes like the Moro (startle) reflex, sucking reflex, or grasp reflex may be either exaggerated or absent, signaling potential brain injury.

Breathing Problems (Apnea)

Apnea, or episodes where the baby temporarily stops breathing, is common in preemies but may also indicate damage to the areas of the brain that control automatic functions.

Sensory Impairments

Premature babies with brain damage may develop conditions like retinopathy of prematurity (ROP), which can affect sight or cause vision problems.

Auditory difficulties or hearing loss may be linked to brain damage or other complications of prematurity.

Cerebral Palsy

Premature infants with brain damage may develop cerebral palsy, a group of disorders affecting movement, muscle tone, and posture.

Behavioral Issues

Over time, behavioral problems such as irritability, difficulty sleeping, and a tendency to startle easily may develop.

Imaging Findings

Ultrasounds or MRI scans may reveal abnormalities in the brain, such as white matter injury, intraventricular hemorrhage, or periventricular leukomalacia, both of which are common in preemies with brain damage.

Our Experience With Premature Birth Brain Damage Lawsuits

Chicago Medical Malpractice Lawyers are a Chicago-based law firm specializing in medical malpractice with extensive experience representing clients in cases involving birth injuries, including brain damage resulting from premature birth and associated conditions. 

Our Illinois birth injury lawyers have successfully litigated numerous cases where patients suffered harm due brain damage that occurs during premature childbirth, 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. 

Some examples of medical malpractice cases we’ve handled include millions of dollars in settlements.

What Causes Brain Damage in Premature Babies?

Brain damage in premature babies can be caused by several factors related to their early birth and vulnerability during development.

Some of the main causes include but are not limited to:

Intraventricular Hemorrhage (IVH)

Bleeding in the brain, common in very premature babies, can lead to long-term neurological damage.

Periventricular Leukomalacia (PVL)

This condition involves damage to the brain’s white matter due to reduced blood flow or oxygen deprivation, often resulting in cerebral palsy or other motor problems.

Hypoxia-Ischemia (Lack of Oxygen)

Complications during birth or while in the womb, such as placental issues, can cause oxygen deprivation to the baby’s brain, leading to hypoxic-ischemic injury.

Infections

Infections in the mother (like chorioamnionitis) or the baby (like meningitis or sepsis) can trigger inflammation, damaging developing brain cells.

Jaundice (Hyperbilirubinemia)

Severe jaundice, if untreated, can lead to kernicterus, where high levels of bilirubin cause brain damage, particularly affecting motor functions.

Inadequate Blood Flow

Premature babies are at risk of experiencing fluctuations in blood flow to the brain, which can lead to ischemia (reduced blood supply) and subsequent brain injury.

Toxic Exposures or Maternal Complications

Conditions like preeclampsia, drug or alcohol use during pregnancy, or environmental toxins can also contribute to brain damage in premature infants.

These factors, often interconnected, make premature babies particularly vulnerable to brain injury, affecting their long-term neurodevelopment.

How Common is Brain Damage at Birth?

Newborn brain damage at birth is relatively rare but is more common in certain high-risk groups, such as premature babies or those who experience complications during delivery. 

Brain damage occurs in approximately 2 to 3 out of every 1,000 live births.

However, this rate can vary based on factors such as the availability of prenatal care, birth complications, and early medical interventions.

Babies born prematurely (before 37 weeks gestation) are at a higher risk, with brain damage affecting up to 25% of very premature infants (those born before 32 weeks).

The likelihood increases with the degree of prematurity.

While brain damage at birth is uncommon in full-term babies with smooth deliveries, it becomes more frequent among high-risk groups, especially preterm infants.

Advances in neonatal care have helped reduce the incidence of brain injuries over time.

Can Brain Damage at Birth Be Reversed?

A child’s brain damaged at birth cannot be fully reversed, but its effects can often be mitigated through early intervention and supportive therapies since the brain has a remarkable ability to adapt, and some functions can improve over time.

Early identification and intervention are crucial to improving the effects of newborn damage over time.

Programs that include physical, occupational, and speech therapy can help maximize a child’s potential and improve developmental outcomes.

Furthermore, the brain’s ability to heal itself by forming new neural connections (often called neuroplasticity) allows children to compensate for damaged areas.

Engaging in targeted therapies can stimulate this process and promote neuroplasticity.

Various therapies can help improve motor skills, communication, and cognitive functions.

These programs may include physical therapy, occupational therapy, speech therapy, and behavioral therapy.

In some cases, medications or treatments aimed at managing symptoms or preventing further damage can be beneficial.

For example, cooling therapy (hypothermia) is sometimes used for newborns with hypoxic-ischemic encephalopathy to reduce infant brain injuries.

Regular follow-ups with pediatricians and specialists can help track development and adapt interventions as needed.

While brain damage itself cannot be undone, many children can lead fulfilling lives and reach significant developmental milestones with the right support and resources.

Early and comprehensive care plays a crucial role in improving long-term outcomes.

Definitions And Background Information on the Signs of Brain Damage In Premature Babies – Infant Brain Damage Symptoms

1. What does brain damage look like in a premature baby?

Brain damage in a premature baby can manifest as abnormal neurological signs, including weak muscle tone, poor reflexes, and difficulties with feeding or sucking. 

Imaging tests like ultrasound or MRI may reveal structural abnormalities in the brain, such as hemorrhages or reduced brain volume. 

Long-term effects can include developmental delays, motor skill challenges, and cognitive impairments.

2. What are the risk factors for brain damage in a premature baby?

Risk factors for brain damage in premature babies include low birth weight, especially those weighing less than 3 pounds, as they are more susceptible to complications. 

Conditions such as neonatal respiratory distress syndrome, infections, and exposure to high levels of oxygen can also contribute to brain injury. 

Maternal factors, including diabetes, high blood pressure, or inadequate prenatal care, increase the likelihood of premature birth and associated risks.

Additionally, multiple births (twins, triplets, etc.) and prolonged labor can elevate the risk.

Finally, socioeconomic factors, including access to healthcare and maternal education, play a significant role in the health outcomes of premature infants.

3. How long do you have to file a claim for brain damage in a newborn?

The time limit to file a claim for brain damage in a premature baby or any kind of birth injury varies by jurisdiction but typically ranges from 1 to 3 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 for brain damage to an infant?

Yes, you can file a claim against a doctor for brain damage in a premature baby if you believe that the injury 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 brain damage in a premature baby?

Yes, it’s possible to file a claim against an obstetrician (OB) for this type of birth injury if there’s evidence of negligence or malpractice that led to the injury.

Brain damage and related birth injuries can pose lifelong 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 for brain damage in a premature newborn?

Yes, you can file a claim against a hospital for a birth injury if you believe that brain damage occurred during the delivery of a premature baby and it was caused by or 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 brain damage during delivery?

Filing a claim against an emergency room for brain damage to a premature infant 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 labor or delivery, 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 confirmed brain damage automatically lead to a valid legal claim against the health care provider?

Confirmed brain damage 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 deviation from the standard of care. 

9. Does Illinois apply 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 legal professional or check for any updates in the law prior to making a claim, as regulations can change over time.

10. How much compensation can I receive in a medical malpractice lawsuit for brain damage in a premature newborn?

The amount of compensation you can receive in a brain damage birth injury lawsuit in Illinois and elsewhere varies widely depending on factors such as the severity of the injury, 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 birth injury cases in your area can provide a better estimate based on the specific circumstances of your case.

11. What to do if you think your child suffered brain damage as a premature baby

If you or your child have suffered from any kind of birth injury including brain damage, 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.

12. How do you prove that brain damage occurred in an infant?

Proving that such an injury occurred involves gathering medical records, consulting with medical experts, and conducting a thorough review of the circumstances surrounding the childbirth process. 

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 brain damage or any other birth injury.. 

13. When birth injury resulting in brain damage is listed on an insurance claim​ form, 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, they 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.

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.

14. What are the long term impacts of brain damage in an infant?

Brain damage in a premature baby 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.

15.  If I die or my child dies as a result of brain damage during a premature labor and delivery gone wrong, will the claim die as well?

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

17. How long do I have to file a birth injury or brain damage-related lawsuit, and how long is it likely to take before I receive compensation?

The time limit to file a lawsuit for brain damage in a premature baby varies by jurisdiction, typically ranging from 1 to 6 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.

18. How often does brain damage in premature babies occur per year?

The incidence of brain damage in premature babies varies, but studies suggest that it occurs in approximately 20-50% of infants born before 28 weeks of gestation.

This can include conditions like periventricular leukomalacia (PVL) and intraventricular hemorrhage (IVH), which are types of brain injury. 

The overall prevalence of neurodevelopmental disabilities in very preterm infants can range from 15% to 30% by the age of two years.

However, advancements in neonatal care continue to improve outcomes for these infants over time.

19. My doctor caused brain damage to my newborn during a premature delivery. Now what?

If you believe your doctor caused brain damage or any other kind of 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 brain damage and related birth injuries 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.

20. Can you file a claim for brain damage in an infant?

Yes, you can file a claim for brain damage in a premature baby if you believe that the injury 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 Brain Damage Birth Injury Case In Chicago, Illinois

Do you think you have a medical malpractice case based on a birth injury to a premature baby that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the experienced medical malpractice attorneys now.