The ability to hear is a trait which many take for granted. We often underestimate the role our hearing plays in early childhood development and processing the world around us.
When your baby experiences a brain injury at birth, it may cause them to miss critical hearing developmental milestones. Deafness and other forms of hearing loss can set them behind in more ways than one.
Hearing is fundamental to speech development, building relationships, and sensing danger. Having hearing impairments from an early age can delay other important developmental milestones related to speech, language, and communication.
Hearing loss impacts millions of children across the United States. A large number of these cases stem from genetic mutations or unpreventable premature birth. However, babies can also develop hearing impairment when they experience birth complications like neonatal infections or oxygen deprivation during labor.
When medical professionals miss critical birth injury risk factors, they can put both the mother’s and baby’s lives in jeopardy. And even when the baby survives a birth injury, it can leave them with long-term complications like a hearing disability.
If you believe your child’s hearing developmental delays are the result of delivery room errors, don’t hesitate to contact us. Our national birth injury lawyers specialize in identifying when medical malpractice is responsible for causing preventable pain and suffering.
Developmental delays during childhood can have lasting impacts on a baby’s future. When their disabilities stem from preventable mistakes during birth, we believe families deserve compensation to afford the best possible care.
Our birth injury attorneys rely on decades of legal and medical expertise to uncover the root cause of these injuries. We can help your family pinpoint exactly where medical providers went wrong and hold them accountable for their actions.
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Birth Injury Lawyers
(888) 987-0005Our Birth Injury Lawyers are available to meet you in your home or the hospital.
For over 40 years, our top-rated legal and medical research team has been securing results for our clients. Our vast network of medical experts and nine in-house nurses give us the edge over the other birth injury firms.
When you hire us to represent your family, you get more than just a lawyer on your side. We provide each client with an entire team of attorneys, patient-nursing advocates, and medical specialists.
Your team can assist you with any pressing updates or questions you may have while your case is open. But we understand that your child’s needs cannot just go on hold during litigation; that’s why we offer help today.
From the moment you sign with us, we will start addressing your family’s day-to-day needs. This includes things like finding medical specialists, scheduling appointments, obtaining medical records, providing transportation and lodging, and much more.
This help is available for your family at no upfront cost. We only charge attorneys’ fees on cases we win, and we only receive payment after you do.
We are proud to have an extensive track record of securing birth injury results for victims of medical malpractice. Reach out today to learn more about how our birth injury attorneys can best serve your child’s growth.
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Recent Birth Injury Settlement:
After doctors failed to monitor a laboring mother’s blood pressure, her child experienced an HIE brain injury at birth. The damage led to significant developmental delays and impairments that followed them into early childhood.
Our specialized legal and medical division recovered $13,750,000 to help the family afford life changing developmental therapy.
The ear and the brain work together to capture and process external sound waves into meaningful noise. Damage to structures within the ear or the brain can disrupt this process.
In general, there are three main categories for hearing loss: conductive hearing loss, sensorineural hearing loss, and mixed hearing loss.
Congenital means “present at birth,” whereas Acquired means “developed after birth”. However, these definitions can cause slight confusion in the context of birth injuries.
If a baby’s hearing impairment is congenital, it implies that it stems from genetic or prenatal factors. In other words, congenital conditions are generally not the fault of the doctor or delivery nurse.
However, babies sometimes acquire hearing loss as a result of a brain injury during labor. In these cases, even though the injury is technically present from the time of birth, it still counts as ‘acquired.’
Just because a condition is congenital does not always rule out the possibility of medical malpractice occurring. A medical professional’s inattention or failure to inform the family of abnormalities during pregnancy can still cause preventable harm.
The Center for Disease Control (CDC) claims around 50% to 60% of hearing loss in babies stems from their genetics. These congenital cases are an unfortunate and unavoidable reality of hereditary traits.
However, many other factors can contribute to hearing impairment or an auditory processing disorder, by damaging critical structures within the brain and ear.
Auditory Processing Disorder (APD) resulting from birth injury is a neurological condition where the brain struggles to interpret sound, often caused by oxygen deprivation (hypoxia), low birth weight, premature birth, or trauma during delivery.
These birth injury related factors can include:
Other risk factors for hearing damage at birth include substance abuse and a family history of deafness or other impairments. While not all causes are preventable, doctors and delivery nurses can take action to manage the baby’s risk during labor. If they make careless mistakes or fail to intervene when issues arise, they may be liable for the baby’s injuries.
As your baby grows from an infant into a young person, you will watch them develop many new skills. Child development experts encourage parents to watch for certain “milestones” or new skills and behaviors as their baby ages.
Paying careful attention to a child’s hearing developmental milestones can reassure parents that their child is hearing as expected. Or it can alert them to the early signs of hearing impairment and push them to consult a specialist sooner.
Infancy typically refers to the baby’s first year of life. Even from the moment they’re born, most newborns will show signs that they are hearing the world around them.
The following hearing checklists show expected developmental milestones ranging from zero months to the baby’s first birthday.
Hearing developmental milestones are especially important in the baby’s first year because they are the foundation for other communication milestones. If a child cannot hear well, they will struggle to meet expected speech and language development for their age.
If you believe your baby may be suffering from hearing impairment, do not delay a developmental screening with a specialist.
By the child’s early toddler years, they will likely be developing skills at faster speeds. This is the age when most children begin taking their first steps and saying their first words. However, they may experience developmental delays in these areas when they cannot hear properly.
The following checklists show expected hearing developmental milestones during the baby’s toddler years (ages 1 to 3):
A child’s hearing developmental delays will become clear by the time they reach their second or third birthday. If they are still falling short of reaching normal hearing developmental milestones, consider reaching out to a specialist.
By age 3, most children are very sociable with their peers and the people around them. As they prepare to enter kindergarten, these children will undergo mandatory screenings for their hearing and vision.
The following checklists show expected hearing developmental milestones during the early childhood years (ages 3 to 5):
When your child is falling behind on their hearing developmental milestones, early intervention is critical. Getting a head start on diagnosing and treating hearing impairments can prevent further delays in speech and communication.
The American Academy of Pediatrics recommends developmental screenings for children as early as 9 months old. However, signs of hearing impairment can show up even before then. In these cases, seeking early hearing detection and intervention services can be beneficial.
A trained specialist (such as an audiologist or speech-language-hearing pathologist) will assess your child’s skills using their own benchmark checklists. The types of skills they look for will depend on the child’s age.
If they determine your baby may have a hearing impairment, they will usually conduct further testing to determine the cause. They may perform a series of hearing tests, including:
Specific treatment plans for conductive hearing loss will depend on the root cause of the problem. If the child’s impairments stem from an ear infection, they may need ear drops or other medications to clear it.
Sometimes the blockage stems from a cyst or tumor within the eardrum. If this is the case, the baby or child may need surgery to remove it. Surgery can also be a viable option for when the child’s conductive hearing loss stems from damaged ear bones (ossicles).
Sometimes children with conductive hearing loss experience lasting impairment, even after medications and surgery. When this happens, their audiologist may recommend a hearing aid to adjust the levels of some sounds.
Sensorineural hearing loss (the more common type of hearing loss when babies experience brain damage) is typically harder to treat. This is because damage to the inner ear hair cells is permanent and isn’t as simple as sound blockage.
Specialists will often recommend hearing aids for children with SNHL, but they sometimes aren’t enough to restore full hearing. In severe cases, they may move to implant cochlear devices.
It’s important that parents seek out treatment when they first notice signs of their baby missing hearing developmental milestones. Getting them the care they need from an early age will promote their growth and prevent further developmental delays.
When children experience developmental delays, it’s easy for parents to blame themselves. They may instinctively want to take the blame for their child’s communication difficulties.
But the reality is that hearing impairments and other disabilities are multifaceted. A child’s issues can begin way before birth with genetic abnormalities and defects. And occasionally, a medical professional’s errors in the delivery room can contribute to the problem and cause further harm.
Our dedicated birth injury lawyers have witnessed hundreds of cases where a child’s disabilities started with negligent medical care. Examples of medical malpractice that can contribute to hearing loss and other developmental delays include:
If you suspect your child is not meeting developmental milestones because of preventable injuries at birth, our attorneys can help. Our nationally recognized birth injury team will thoroughly investigate the facts and hold responsible medical providers accountable.
A statute of limitations (SOL) is a law that sets a time limit on how long an injured person has to file a lawsuit after an accident. It is essential to understand that statutes of limitations vary based on the case and the state where you file. For instance, the deadline for birth injury claims is typically different from other claims, such as injury to private property.
Generally, the clock starts ticking on the date the injury occurred. However, there are exceptions to this rule. In some cases, the statute of limitations starts when a person discovers or reasonably should have discovered an injury. When dealing with government agencies, SOLs can become even more complex.
For example, special rules may apply if you are pursuing a claim against:
In these cases, you may need to file a birth injury claim under the Federal Tort Claims Act (FTCA). In FTCA cases, claimants must go through certain administrative procedures before filing a lawsuit. In some states, you may have less time to give notice if:
If you file your case outside of the statute of limitations, the court will typically dismiss it. This means you will not be eligible to recover compensation for you or your child’s injuries.
Determining when a statute of limitations begins on your case can be tricky. If you are considering pursuing compensation for a birth injury, contact an attorney as soon as possible.
Each child grows at their own pace, but missing important developmental milestones can signal a larger underlying issue. If you believe your child’s hearing impairments are the result of a preventable birth injury, our attorneys can help.
The compensation our clients receive helps them pay for their child’s current and future medical treatment, therapy, and assistive equipment. These treatments can be instrumental in supporting developmental growth and improving your child’s quality of life.
Our team of specialized birth injury attorneys, nurses and paraprofessionals is here to help your family seek justice and compensation. We use our detailed medical case review process to assess claims and hold negligent parties responsible.
We start by learning more about your pregnancy by gathering records to determine what happened during and after your delivery. We will determine whether healthcare professionals properly responded to your labor and delivery complications like prolonged labor or birth asphyxia.
We will consult with our network of medical experts who review your records and provide their professional opinion. If we feel medical negligence caused your baby’s hearing impairments, then we will meet with you to discuss further. If you decide to hire us, we will waste no time filing your claim and building the case.
At no point in our legal intake process will we ask you to pay anything. The medical review of your case and the consultation are free. We will only charge a pre-agreed percentage outlined in the client-attorney retainer contract. We will never charge families unless we recover compensation for their child.
The sooner you reach out, the sooner we can investigate your case and gather evidence to support your claim. You can contact us today to schedule your free consultation by calling our toll-free line at (888) 987-0005. We are also reachable through filling out our online request form.
Our National Birth Injury Attorneys, nurses, and support staff understand that parents of children with birth injuries feel overwhelmed. So, every client has the attention and support of a team of trained, compassionate professionals. But we don’t just offer compassion.
We offer a process to help you discover whether your child’s birth injury, HIE, cerebral palsy or brain injury at birth was caused by medical malpractice.
Call our offices today at (888) 987-0005 for experienced assistance in a free consultation.