Visitor Question

Did Hospital Negligence Cause a Bump on My Newborn Baby’s Head?

Submitted By: Yolanda (Dallas, Texas)

My 1yr old son has a bump on the left side of his head. He wasn’t born with it but had it when I was discharged from the hospital 2 days after giving birth. I asked the doctor if everything was ok and he assured me that my son was fine – that it was normal for a newborn to have it and that it would go away.

At first the bump was soft but now it’s hard. It has been a year now and it’s still the same size. I’m wondering if they dropped my son or bumped his head. At first I didn’t think much of it since the doctor said it will go away but like I said, its been one full year and it just got hard instead of getting smaller. I honestly don’t think it’s going to go away.

Was this negligence on the part of the doctor or hospital? What can I do? I just want the bump to go away.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Yolanda,

It’s too early to tell if negligence exists. Immediately take your son to the emergency room or to his pediatrician. A bump on the head can be very dangerous. Because any action you might take against the hospital or physician would be considered malpractice, you will need the services of an experienced personal injury attorney.

Most personal injury attorneys don’t charge for an initial office consultation. Seek out several of them. If they believe your case to be meritorious they may pay the expense of independent medical opinions.

Medical malpractice cases are complicated and can be protracted. The good news is you won’t have to do anything except care for your baby. The attorney you choose will do everything required to purse the case.

You also won’t have to pay the attorney any money in advance. Almost all personal injury attorneys work on a contingency basis. This means they only get paid when they successfully complete the case. If they don’t win you owe them nothing. If they do win the case their fee will be anywhere from about 33.3% to 40%.

There is a 2 years statute of limitations for personal injury cases in Texas. It’s incumbent upon you to have an attorney either settle your claim or file a lawsuit within two years of your discovery of your child’s injury. Because the date you discovered the injury may be clouded, be sure not to wait one more day before speaking with an attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: November 27, 2012

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