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Infant Brain Damage

Infant Brain Damage

Infant brain injury lawyers representing victims of medical malpractice in Yuma, Tucson, Glendale, Chandler and Phoenix, AZ.

Your doctor or midwife and the hospital staff are responsible for providing you with excellent care during your pregnancy and delivery and in the days immediately after your child is born. The best assurance that your baby will be born healthy is having competent medical care at this important time.  If you have a child that suffers from infant brain damage, contact an experienced Phoenix, AZ infant brain damage lawyer for legal help in recovering the proper compensation your baby needs in order to physically recover from his or her injuries.

Unfortunately, not all health care professionals consistently deliver the highest standard of care, and in too many cases, medical negligence at birth results in brain damage for a baby.


Medical malpractice lawsuit

Not all brain injuries and brain damage is caused by medical malpractice – for example, if it is the result of a hereditary condition or genetic abnormality. Nevertheless, medical errors, and emergency room errors do cause brain damage in newborns. Failing to detect a potential problem, such as the baby’s head being too large for the mother’s pelvis, gestational diabetes, maternal hypertension, or herpes infection are omissions prior to the birth that would constitute medical malpractice.

During labor, failing to adequately monitor the baby, failing to deliver the baby within a reasonable time after membranes have ruptured, improper use of forceps or vacuum extraction, or failure or delay in performing a C-section when the baby exhibits signs of distress are medical failures that can cause brain damage.


The most common types of brain damage that arise from conditions at or soon after birth are cerebral palsy, kernicterus, and herpes infection.

Cerebral Palsy: The best-known form of brain damage is cerebral palsy, a movement disorder. It has been estimated that two in every 1000 babies are born with  cerebral palsy. Lack of oxygen to the brain during birth is a common cause.

Kernicterus: Kernicterus is a kind of brain injury that is caused by elevated levels of bilirubin. It is not uncommon for babies to have slightly elevated bilirubin, a waste product formed from unneeded red blood cells, due to the immaturity of the newborn’s liver. Elevated bilirubin causes the baby to be slightly jaundiced, with a yellow tint to the skin and whites of the eyes. The condition must be carefully monitored with regular bilirubin counts to make sure it remains within an acceptable range. Babies with elevated bilirubin are usually placed under a blue light that helps clear the toxin. If the count goes too high, blood transfusions may be needed to prevent brain damage.


  • Lethargy
  • High-pitched cry
  • Arching the back
  • Fever

Kernicterus can be treated and brain damage prevented with careful monitoring and prompt response to lab reports indicating rising bilirubin levels. If kernicterus is left untreated, it could be grounds for a medical malpractice lawsuit.

Congenital herpes encephalitis: If the mother has an active herpes infection and delivers vaginally the baby will get it. Often it spreads to the brain and may cause brain damage. This can be avoided by testing all pregnant women for herpes and delivering babies by C-section. Failure to diagnose the infection and perform a Caesarian might be grounds for a malpractice claim.


Phoenix birth injury lawyers at Wattel & York have the experience, knowledge, and dedication to help babies and their families when a medical professional or hospital has failed in its duty to prevent these complications. These children suffering from child injuries will require a lifetime of care and special services, and we are prepared to fight to get them what they need.

If your child has suffered brain damage and you suspect that medical malpractice is the cause, call our experienced Phoenix, AZ infant brain damage attorneys today for a free, no-obligation consultation. It costs you nothing to hire us, and you will owe nothing unless we win money for your child.

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“Thank you so much for all your hard work on our behalf! Thinking I could handle it on my own, I was originally reluctant to take my accident claim to an attorney. But I am SO glad I called you instead. Your people were always helpful, pleasant and responsive at every step along the way. You represented us with honesty and integrity and made a traumatic experience as painless as it could be. And best of all, you helped us get a settlement that was fair and far more than I could ever have negotiated on my own! I highly recommend Wattel &York to anyone who has suffered a personal injury.”

Cathy M.

“I was the passenger in a vehicle that was 'T- Boned' at an intersection in 2014. The issues of responsibility and recovery became a difficult and convoluted confusion. I really needed help. This Team at Wattel and York walked me patiently and encouragingly through difficult months, sorting through issues and finally arriving at a satisfactory conclusion. I especially want to name two great and encouraging "warriors" of Wattel and York who directed me along the way..Brian Torba and Melissa Patterson..to them and the whole team I say "Thank You" with heart felt gratitude. Sincerely, God Bless You.”

Robert G.

“Honesty. Integrity. Transparency. Partnership. Wattel & York brought all of these qualities and more to my accident case. I'd love to thank all of the team members who helped me with the process: David Guzman, who conducted the initial interview in my home, Aly Shomar-Esparza, who seamlessly guided me through paperwork and filings, Debbie Harrach, who conducted final review, paperwork revisions and scheduling, and Thomas Grisoni, who counseled me before and attended my deposition. I never felt alone during the arduous process and always knew there was a professional team looking out for my best interest. I highly recommend Wattel & York if you are unfortunately involved in an accident that was not your fault.”

Russ W.

“I was a passenger in a car that got t-boned a few years ago and got a huge gash. I didn't know a lot about lawyers, so I basically just picked one on the flip of a coin. I called Wattel and York and they explained everything, I went into the office and filled out paperwork. Got treatment on my gash over the time I worked with them, glad I did as it opened back up a couple times and bled. They did really good, got me the maximum amount of money, and made sure I was well taken care of. I was updated from time to time so that was good. The only thing I might change is I never got to thank or talk to my lawyer. I think it was because I was already used to dealing with the lady at their Glendale office so they just kept her as my point of contact. So it's okay, I'll thank them with a good review. The last thing I could say about them is months after I thought my case was over they called me and said they had another check for me for a few hundred dollars. Apparently, they negotiated with the hospital I went to after the accident. It was a nice surprise and shows they really had my interests in mind.”

Trent B.

“Wattel & York has been great for me in the past few years. I was involved in a really bad accident while I was on Active Duty in Yuma, Arizona and they have been patient with me every step of the way through a very long process. I would recommend them to anyone thank you for all your help.”

Levy G.

“Appreciate David taking the time to speak with me. He was most kind. From the front line with the receptionist, to him, the firm was a class act all the way around.”

Claire B.

“Dave Wattel represented me and my son on a Personal Injury case from a motor vehicle accident back in 2009. Jake P. handled my deposition and Dave did the Quarterbacking. The insurance company hired NFL referee Ed Hochuli's firm to try and deny our claim. But Wattel & York made it look as easy as Tom Brady on the football field. The result was more than acceptable and my son and I were compensated for our injuries and rehabilitation. Dave Wattel cares about his clients. If I ever find myself in a situation like this again, Wattel & York will be on speed dial!!”

Vince C.

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