Birth Asphyxia, also known as Hypoxic Ischemic Encephalopathy (HIE), occurs when a baby’s brain lacks blood flow and oxygen during birth or close to the time of birth. Birth Asphyxia can be prevented when medical professionals take precautions and provide special care when a complication arises during birth. Brain asphyxia can cause a child to develop long-term neurodevelopment impairments and severe brain damage. Without proper oxygen to the body, the build up of waste products can cause permanent damage.
When a medical professional performs negligent acts, it can lead to the development of birth asphyxia. When this takes place, the negligent acts that occurred can lead to a medical malpractice claim, making the professional responsible. Trauma can arise from these types od situations, especially when the family of the child knows that this injury could have been prevented. The Miami Birth legal practitioners comprehend the difficulties of being in such situation.
The Main Causes For Hypoxic Ischemic Encephalopathy (HIE)
There are a variety of components that can constitute a lawsuit that is a direct cause of Hypoxic Ischemic Encephalopathy during labor and delivery that can constitute a lawsuit. Some of those factors include:
Umbilical cord injury Lawsuits
- There is a complication known as umbilical cord prolapse that occurs when the umbilical cords exit the mother before the baby does. In a normal delivery, the umbilical cord is delivered after the baby has already exited the mother. Once the mother’s water breaks, the umbilical cord will drop at the same time. When this occurs, the umbilical cord can become compressed between either the pelvis, cervix, and uterus of the mother and the baby’s body. This is considered a prolapsed cord and is an obstetrical emergency.
Prolapsed umbilical cord can completely block blood and oxygen to the baby which is why the immediate removal of the baby is essential during these complications. If a medical professional does not act immediately and efficiently, the baby can suffer severe injuries and or death.
Delayed delivery Lawsuit
- Labor consist of two stages. When the combination of state one and stage two are longer than 20 hours, this Is considered prolonged labor for first-time mothers, and for prior births, it is 14 hours long combined. The reasons why prolonged labor occurs is when either the baby is not correctly positioned or there is a lack of contractions. When a delayed labor occurs, the medical professional needs to be vigilant of the signs and symptoms that are being displayed by the mother and unborn child. A delayed delivery and cause a lack of oxygen and blood flow to the baby.
Fetal monitoring errors Lawsuits
Improper fetal monitoring can cause hypoxic ischemic encephalopathy in a baby which can lead to severe life conditions like learning disabilities, impairments, and cerebral palsy. These conditions could be caused by a medical professional’s negligent acts in the proper monitoring of the baby. Some examples of improper fetal monitoring include:
- Not recognizing when a baby is in fetal distress and failing to perform emergency C-section
- When the fetal monitoring itself malfunctions
- When the physician does not correctly read the strips or fetal monitoring device
- Not properly monitoring the uterine contractions of the mother
- When the medical staff members do not differentiate the fetal heart rate vs. the mother’s heart rate
Two Stages Where Birth Asphyxia in Infants Occurs
Birth asphyxia can occur during two stages. Stage one can occur within minutes being deprived of oxygen. Cell damage occurs in this stage. In the Second stage, known as “reperfusion injury” the restoration of the blood flow and oxygen to the brain which can last for days and even weeks after the injury.
What Signs and Symptoms Does Birth Asphyxia Have?
There are certain signs and symptoms that can arise that can constitute birth asphyxia. Some of those signs and symptoms include:
- When the baby scores low on the APGAR test
- When the baby goes in a coma
- When there is abnormal limpness
- When the baby’s brain does not have any stem reflexes
- When the baby experiences seizures after 24-48 hours after birth
- When the baby has difficulty feeding
- When the baby experiences low muscle tone
- When resuscitation has to be performed on the infant
How is Birth Asphyxia Diagnosed?
A variety of tests and neuroimaging is required in order to confirm the presence of birth asphyxia. Some of those tests include:
- Magnetic resonance imaging(MRI)
- Computerized tomography scans
- Positron emission tomography(PET)
- Test for the glucose in the blood
If birth asphyxia was confirmed in an infant, the parents should seek the legal assistance of a medical malpractice birth injury litigator at Percy Martinez’s Firm.
Birth Asphyxia Statistics
There are some statistics about birth asphyxia nationwide:
- Between the year 1999 and 2015, Florida had 24 deaths due to birth asphyxia
- Between 2 to 9 babies out of 1,000 live births experience birth asphyxia
- Between 10-60% of newborns who experience asphyxia die
- 25% of infants that live after experiencing birth asphyxia will suffer long-term neurodevelopmental disabilities and brain damage
- About 31 people died from birth asphyxia; 64.5% of it from contributing factors, and 35.5% from underlying factors
Birth Asphyxia Cases
Delay in Delivering
A woman who had a normal pregnancy was seen by her attending OB as she went into labor, then by another physician hours laters. The baby was in occiput posterior. The rotation of the baby was attempted multiple times during the labor but was unsuccessful. She was taken to an emergency C-section 7 hours after the second stage labor where the baby was born dead. The family received a total amount of $20 million.
Improperly Performing Induction
An induction of a full-term fetus was mismanaged over 10 to 12 hours time period. This negligence led to severe asphyxia which caused permanent brain injury to the infant. The family was awarded $6.5 million.
Birth Injury Lawyers Fight For the Infants Rights
The lawyers at Percy Martinez Law firm have managed various different types of birth injuries. Birth asphyxia is a condition that could be prevented if the necessary steps are taken by a medical professional. When a medical professional commits negligence in the delivery and monitoring of the baby, birth asphyxia can occur which can result in severe damage to the baby’s brain and even in death. The firm understands how difficult these moments of hardship may be in the family of the infant, but necessary action needs to be taken against those in charge of injury the infant.
RELATED TYPES OF MEDICAL MALPRACTICE
RELATED SERVICES OF MEDICAL MALPRACTICE
- Anesthesia Mistakes
- Plastic surgery malpractice
- Erbs Palsy
- Brain Injury
- Nursing Home
- Hospital Negligence
- Emergency Room
- Birth Injury
- Amputation Malpractice
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