A sad reality is that newborns that have just started their lives are enduring injuries on a daily basis throughout the United States. Newborns are being injured at the hands of negligent health care providers and have to live their lives with the repercussions of those actions. Not only will a birth injury have emotional and physical consequences for the infant and their family, but the infant’s family will have to deal with the financial struggles that a birth injury can pose. But, thankfully, compensation for the costs of those damages can be recovered with a lawsuit if the birth injury was caused by a negligent physician or another medical professional.
When the brain of a baby is not provided oxygen or blood flow at the time of their birth or prior to it, then the baby can develop what is known as birth asphyxia (Hypoxic Ischemic Encephalopathy (HIE). This injury can happen for a number of reasons, but the most common being a negligent act committed by the attending physician. A professional attorney of birth injury in Orlando can help the parents of the victim during this difficult stage in their life and ensure that they do not have to suffer financial pains, along with the emotional and physical pain they will have to endure for the rest of their lives.
Any amount of time that the brain goes without oxygen, the victim, especially a new born will experience severe repercussions such as brain damage and vegetative states. While there can be many actions that a health care provider does or fails to do that causes a birth injury, no amount of money will ever make up for that negligence. The infant and their families will have to live with the results of that birth injury, and sadly, it will be a lifelong effect.
Was Medical Malpractice the Cause of My Infants Injury?
Sometimes, a birth injury is unavoidable and can derive from many sources. For this matter, contacting a specialized Orlando birth injury attorney to examine the facts of the case is essential in the matter. To successfully place a claim, the correct party must receive the notice of intent, if not the courts may find that the plaintiff did not have enough grounds to file a lawsuit. The firm of Percy Martinez will help their clients in the following ways:
- Examination of the medical records; any birthing tools that were used, the flow sheets of delivery, results of tests that were performed, and any additional information regarding the birth of the infant.
- Working with experienced medical experts; to determine if the injury that the infant sustained was the cause of a complete or partial medical negligence.
Having enough and having viable information is an important factor when trying to have a triumphant medical malpractice case.
Sources of Medical Negligence That Cause Birth Asphyxia
Here are some actions or inactions that can be performed during the birthing process that can cause the infant to endure birth asphyxia which can lead to severe injuries:
Forceps being improperly used: Forceps are used by the physician to assist the baby in the delivering process when the expectant mother is having a hard time doing so herself. When the forceps are not properly used, the infant can experience a lack of oxygen to the brain and fetal distress. These conditions can cause the newborn to suffer many birth injuries, including cerebral palsy and nerve damage.
Vacuum being improperly used: A vacuum may be used when the mother is unable to expel the newborn from her birth canal. Typically, the vacuum latches on the head or shoulder of the infant, and if improperly done, it may deprive the infant of oxygen to the brain. Those using birth-assisting tools must be trained to properly use it.
Caesarian Section not being performed in time: If fetal distress occurs, then the physician might order an emergency C-section. If problems develop during the delivery like low blood pressure of the mother or placenta abruption, then the immediate removal of the infant from the mother’s womb might be required. If the delivering team lacks perceptions that the mother needs an emergency C-section, and the procedure is not ordered in time, then the infant might suffer extensive birth injuries due to a lack of oxygen.
Hypoxia: Hypoxia happens when insufficient oxygen is being supplied to the infant’s brain. Typically, medical practitioners are knowledgeable and trained in how to detect hypoxia before it even takes place. If the medical professionals failed to spot hypoxia before it caused the damage, they might be found responsible for the damages. Some examples that can cause hypoxia include infections to the placenta, damage to the placenta, and an umbilical cord wrapped around the baby’s neck.
In addition to the above sources, there are a number of medical negligence occurrences that can have birth asphyxia stem. Some of those include:
- Not using the drug Pitocin properly to induce labor;
- Not providing the expectant mother with specialized tests;
- Not treating conditions like umbilical cord entanglement, placenta previa or abruption, and infections;
- Not providing the patient with information of specialized physicians for their condition;
- Being negligence to changes in the condition of the fetus and not addressing the issue;
- Lack of communication
Injuries That Can Surge from Medical Negligence in Orlando
A newborn can suffer a great deal of damage when they have little to no oxygen and blood flow reaching their brains. The lawyers of birth injuries at Percy Martinez Law Firm are specialized with the following wounds:
- Cerebral Palsy
- Fracture to the clavicle
- Facial Paralysis
- HIE injuries
- Erb’s Palsy; and
Statistics Concerning Birth Asphyxia Injuries in the Sunshine State and Nationwide
- 24 new born infants die as a direct result of birth asphyxia in Florida between 1999 and 2015
- Birth asphyxia affects two to nine out of 1,000 live births
- Those who experience birth asphyxia will die at a rate of 10 to 60%
- Brain damage and neurodevelopmental disabilities will affect 25% of infants who experience birth asphyxia long-term
- 5% of deaths of birth asphyxia are attributed to contributing factors while underlying factors make up 35.5% of deaths
FAQS About Birth Asphyxia
Question: What are the main sources for birth asphyxia?
Answer: The development of birth asphyxia can derive from a variety of origins. The most common being a delay in C-section, not efficiently monitoring, signs of fetal distress, not treating the mother of any infections she may have, misuse of birth-assisting tools like vacuum and forceps, among others.
Question: What are the two forms of birth asphyxia that can be experienced?
Answer: Birth asphyxia can manifest itself in two ways: (1) Anoxia; being that complete lack of oxygen to the brain, and (2) Hypoxia; being the partial lack of oxygen flow. Any of these two forms can cause severe injuries, even death.
Question: What can I recover if I file a Lawsuit for a Birth Asphyxia Injury?
Answer: How much can be recovered after a newborn has experienced birth asphyxia varies on the degree of the injury. Numerous factors can play a role in the amount and what types of damages that victim will receive. The typical damages that can be provided after birth asphyxia has been endured include:
- Costs for in-home care
- Costs of expenses for medical services and treatments
- Costs for specialized schools
- Loss of income;
Question: What do I do after I find out that my newborn experienced birth asphyxia?
Answer: While there can be many underlying and contributing factors to birth asphyxia, the main reason is the negligence that was performed by a medical practitioner. If a parent finds out that their infant experienced this injury, then their best course of action is to have their case viewed by an attorney that is studied in the area of medical malpractice.
Orlando Birth Asphyxia Attorneys Striving to Obtain Justice
Learning that a newborn was injured as a result of a negligence practitioner in medicine is always hard at the firm of Percy Martinez Law Firm. The team of attorneys for injuries during birth know how many types of harms and degrees of injuries can come from birth asphyxia. For the majority of cases, this horrible injury can be prevented. When the health care providers in charge of birthing the infant, and taking care of the mother fail to do so with the standard of care, these injuries can surface. The firm is dedicated to giving justice to these innocent souls and their loving families in Orlando.
Lawyers of medical malpractice in Orlando, FL will find the way to hold the responsible health care practitioner liable for the injuries that the newborn had to endure. Receive a free consultation with no obligation today, and most importantly, it is kept confidential.