Birth hypoxia–also known as birth asphyxia or hypoxic ischemic encephalopathy–refers to a lack of oxygen before, during, or after the birth of a child. While rare, it affects between two and ten of every 1,000 births in the United States each year. The effects of hypoxia on a newborn can be profound–ranging from brain damage and developmental disabilities to death. Doctors must be prepared to respond quickly in cases where hypoxia is evident, but if they fail to do so, they could be considered negligent in a court of law.
If your child has suffered injuries due to birth hypoxia, working with an experienced New York birth injury attorney may be in your best interest. Buttafuoco & Associates offers free consultations to help you understand whether or not you have a case. Call us at 1-800-NOW-HURT.
Causes of Hypoxia at Birth
Birth hypoxia occurs when the child does not receive adequate oxygen to its brain. Many factors can cause this condition, including:
- Issues with the umbilical cord: knots, compression, or prolapse can reduce blood flow and oxygen.
- Issues with the placenta: problems with the placenta, such as separation from the uterine wall too early in childbirth, can cause oxygen and nutrient levels to plummet.
- Difficult labor: long or challenging labor or breech births can result in oxygen deprivation and other complications.
- Maternal health issues: high blood pressure, infections, or other health issues can result in reduced available oxygen to the baby.
In and of themselves, these issues do not mean that a doctor has acted negligently. However, if hypoxia occurs and a doctor does not provide the standard of care and the child is harmed, this could be an indication of malpractice. If you are concerned that your doctor’s negligent response to birth hypoxia may have caused harm to your child, getting in touch with a birth asphyxia attorney serving New York could be helpful.
Long-term Effects of Hypoxia at Birth
In serious cases of hypoxia, the lack of oxygen to a child’s brain can cause hypoxic-ischemic encephalopathy (HIE)–where the child’s brain is damaged due to a reduced blood and oxygen supply.
In some cases, HIE is moderate and causes sluggish movements and reactions or seizures, and most children recover within a few weeks. In cases of severe HIE, however, a child may suffer:
- Severe seizures
- Coma
- Lack of response to stimuli
- Lack of common reflexes like sucking or grasping
- Abnormal breathing that requires a ventilator
- Abnormal blood pressure
- Abnormal heart rate
- Dilated pupils
- Risk of death from cardiorespiratory failure
In cases where the child lives, HIE can cause long-term complications like epilepsy, blindness, developmental delays or disabilities, and cerebral palsy. Especially if your child has suffered serious consequences because of hypoxia, discussing your potential case with an attorney can be a good idea. Medical bills, pain and suffering, and other damages may be compensable.
Hypoxia and Cerebral Palsy
Birth hypoxia is a known cause of cerebral palsy (CP). Over a child’s lifetime, CP can cause:
- Loss of muscle tone
- Lack of coordination
- Stiff or spastic muscles
- Unusual walking characteristics
- Seizures
- Hearing loss
- Vision impairment
- Difficulty controlling bladder and bowels
An infant who suffers hypoxia leading to severe cerebral palsy may require life-long care. Although cerebral palsy is an incurable condition, timely intervention and ongoing treatment can improve a child’s prognosis. In cases like these, medical costs can be significant over time, so working with an attorney to ensure that damages are covered if your physician acted negligently can be essential.
Identifying Negligence in Birth Hypoxia Cases
All doctors are required to uphold a standard of care in their practice. In other words, they must observe best practices determined by medical boards. Negligence occurs when a healthcare provider fails to exercise the standard of care and it results in harm to a patient. Just because your child suffered harm because of hypoxia, however, does not mean the doctor is necessarily responsible. For a healthcare provider to be determined negligent, all of the following must be proven:
- The doctor did not properly observe the standard of care when responding to your child’s birth hypoxia
- The doctor’s failure to observe these standards led directly to serious health consequences for your child
For example, some causes of hypoxia, such as abnormalities in the placenta or umbilical cord, are identifiable before birth. These issues must be managed early so that hypoxia can be prevented. If a doctor fails to identify a potential risk and respond to it and hypoxia occurs, they may be considered negligent and you could consider filing a medical malpractice claim.
In another example, let’s say a doctor fails to utilize proper techniques during child birth. If a fetus becomes stuck in the birth canal because of a breach birth and the doctor failed to respond to these conditions (such as by using assisted delivery methods or performing a c-section), it could worsen the consequences of the hypoxia.
Even if an infant is hypoxic at delivery, a good doctor will be able to quickly diagnose the problem and act to prevent long-term damage. If the doctor fails to assess your infant’s distress and does not administer quick assistance, they may be liable for the child’s injuries.
Recovering Damages for a Hypoxia Birth Injury
If your child suffered complications because of hypoxia at birth, a New York birth hypoxia lawyer at Buttafuoco & Associates can speak to your family and clarify your rights, compensation you may be eligible for, and more. If you do potentially have a case, our team will investigate to help determine whether a doctor’s negligence contributed to your child’s injuries.
The attorneys at Buttafuoco & Associates know the right questions to ask and the proper medical tests to prove liability.
Call 1-800-NOW-HURT for a free case review.