How to Navigate Legal Challenges in Birth Asphyxia Cases

Around 23% of neonatal fatalities worldwide are caused by birth asphyxia. Marked by a lack of oxygen and blood flow to the brain at birth, this condition causes an average of one million deaths every year. Birth asphyxia can also cause a whole host of medical complications, most of which will lead to suffering for the child and hardship for the family. If your infant was a victim of birth asphyxia due to medical negligence, you could be entitled to financial compensation for their injuries.

What Is Birth Asphyxia and How Does it Happen?

Asphyxia occurs when there is not enough oxygen in the body, usually to the point of unconsciousness or fainting. Birth asphyxia occurs when an infant’s brain and body lack sufficient blood flow or oxygen at any point during the birthing process. An estimated 15.1% of babies endure some degree of perinatal or birth asphyxia. Obstetricians, nurses, and midwives can reduce the risk of birth asphyxia by properly monitoring a fetus’ heart rate during labor. 

Numerous conditions could potentially restrict a baby’s oxygen supply during delivery. Some of the most common are:

• Placental abruption (placenta fully or partially detaches from the uterine wall)
• Extended or stalled labor or delivery
• Disproportionate uterine activity
• Overuse of Pitocin (oxytocin) 
• Problems with the umbilical cord, such as umbilical cord prolapse and compression
• Placental insufficiency
• Maternal hypotension or preeclampsia  
• Infections such as chorioamnionitis 
• Shoulder dystocia (occurs when one or both of the baby’s shoulders get stuck during vaginal delivery)
• Prolonged incision to delivery 
• Anemia in the baby or mother 
• Blocked fetal airway

Your doctor might refer to birth asphyxia as non-reassuring fetal status or fetal distress. Your doctor should appropriately monitor and promptly diagnose any fetal distress symptoms to prevent more serious problems from arising during delivery.   

During the birthing process, healthcare professionals are responsible for closely monitoring both the baby and mother and interceding whenever necessary. Specific indicators should prompt doctors to order an emergency C-section or perform a delivery assisted by a vacuum extractor or forceps to protect maternal and fetal health. Failure to monitor the baby and mother or failure to provide prompt medical treatment could leave the hospital or staff liable for any complications endured by their patients or their babies. 

What Effects Can Birth Asphyxia Have on a Baby?

Birth asphyxia can cause many long- and short-term effects on a child’s overall health. Signs of birth asphyxia can include:

• Bradycardia/Tachycardia (low and high fetal heart rates respectively) 
• Lack of movement and weak muscle tone  
• Respiratory problems, including struggling to breathe or gasping 
• Low Apgar scores (a test performed on all babies one and five minutes after birth)
• Meconium present in the amniotic fluid
• Bluish or pale skin
• Seizures

Affected infants can show symptoms of birth asphyxia directly after birth or sometime later. They may display certain neurological problems, such as failure to meet typical milestones including sitting up, rolling over, grasping objects, and babbling. If asphyxia is diagnosed promptly at birth, the doctor can order treatment immediately. These may include therapeutic hypothermia (body cooling), medications, and/or the insertion of a breathing tube. Birth asphyxia can also cause many long-term health issues, such as: 

• Cerebral palsy 
• Seizure disorders
• Blindness
• Learning disabilities, including dyscalculia, dyslexia, or difficulties with communication and speech

It is, in some cases, possible for affected infants to make a complete recovery from birth asphyxia and its associated injuries. However, most of the health problems related to birth asphyxia will severely complicate life for both the baby and their family.

What Forms of Recovery Are Available?

In most birth asphyxia cases, the fetus displays clear symptoms of respiratory distress during delivery. Unfortunately, healthcare professionals do not always immediately identify the symptoms or adequately intervene. In these cases, involved families may be entitled to pursue financial compensation for their baby’s injuries. It is vital to reach out to a skilled Dallas birth injury lawyer right away in order to if you are entitled to damages and, if so, what you should do next. A successful birth asphyxia lawsuit could lead to the recovery of multiple damages such as:

• Economic Damages
  • Current and anticipated medical expenses related to your child’s birth injury
  • Lost earnings
  • Funerary expenses
• Non-Economic Damages
  • Pain and suffering
  • Mental anguish
  • Reduced quality of life

The pain your child has and will experience due to medical negligence is a heavy financial, practical, and emotional burden. A birth injury claim for asphyxia can help you seek economic justice for these losses. A qualified birth injury lawyer can determine what forms of damages you may be eligible to collect.

Who Is Liable for My Baby’s Birth Asphyxia Injuries?

In cases of birth asphyxia, liability will depend on what caused your child’s birth injuries and who managed your labor and delivery. You may be able to bring a birth injury lawsuit against:

• The obstetrician or midwife who failed to monitor the fetus properly during gestation
• The doctor, nurse, or midwife who failed to monitor your labor or delivery properly or failed to intervene when it became necessary to do so
• The hospital or medical facility where the birth injury took place, especially if staff negligence caused or contributed to your child’s injury
• An alternate healthcare professional who failed to intervene when complications arose during pregnancy (separate from the medical staff)
• A doctor, nurse, or respiratory therapist who failed to provide appropriate care after your baby was delivered

Talk to a Dallas Birth Injury Lawyer Today

If you or your baby were seriously injured due to medical negligence during the birthing process, you may be eligible to receive financial compensation to help with the numerous expenses associated with your baby’s injury. By working with an experienced and knowledgeable Dallas birth injury lawyer who is familiar with the intricacies of both birth injury and medical malpractice lawsuits, you are giving your child their best chance of success. To schedule a free case evaluation with a Dallas birth injury lawyer from Rasansky Law Firm, you can call (214) 651-6100 or fill out our short online form.