The day you bring a child into the world should be a moment of celebration, however, this momentous occasion can be clouded by devastating, preventable birth injuries that can leave your child with life-long disabilities and may take a great financial toll on your family.
Many of these preventable injuries stem from Hypoxic-ischemic encephalopathy (HIE), which is a lack of oxygen or blood flow to the brain, occurring most often in infants at or around the time of birth. It is essential that oxygen flow remains uninterrupted during the labor process.
How does a lack of oxygen lead to brain damage?
- Complications such as infection, umbilical cord prolapse, umbilical cord entanglement, placental abruption, and umbilical cord compression can cut off air flow to your baby
- Anoxia – total lack of oxygen that causes the brain to malfunction
- Hypoxia – inadequate oxygen delivery to the brain and organ
- Low Apgar score – at birth doctors and nurses assign a number from 0 to 10, rating the baby’s skin color, heart rate, muscle tone, reflexes, and breathing effort. A very low Apgar score (0 to 3) lasting longer than 5 minutes may be a sign of deprivation of oxygen. Other signs and symptoms of oxygen deprivation:
- Too much acid in the blood (acidosis)
- Amniotic fluid stained with meconium (first stool)
- A lack of fetal movement
- Weak /no cry
- Seizures – When your newborn is deprived of oxygen, cells in the brain can become damaged or die, leading to serious brain damage, resulting in:
- Cerebral Hemorrhages (bleeding in the brain)
- Subdural Hemorrhages (bleeding between the brain and the skull)
- Cerebral Palsy (impairment of the cerebral cortex of the brain which controls bodily movement)
Birth injury can also result from the forcible removal of the infant with the use of forceps or vacuum extraction. Excessive force or improper use of forceps or vacuum extraction may result in:
- Stroke (brain hemorrhaging causing brain damage) resulting in physical and neurologic injuries;
- Erb’s Palsy (damage of the nerves in the neck and shoulders, resulting in partial or full paralysis of the arm, often accompanied by loss of sensation), caused by the stretching of the baby’s neck to the side combined with a downward force of the shoulder during delivery;
- Klumpke’s palsy (damage of the nerves in the neck and shoulder resulting in paralysis of the forearm, wrist and hand and loss of sensation) caused by the stretching of the baby’s neck to the side combined with a downward force of the shoulder during delivery;
- Skull fracture
- Facial nerve palsy
- Hearing loss
When complications arise, fetal monitoring and neuroimaging to diagnose and prevent birth injuries are critical. An emergency caesarian section or reposition the baby for vaginal birth to expedite delivery and restore oxygen to the infant maybe necessary.
Signs and Symptoms of birth injuries:
- Your baby muscles and extremities have a “floppy” appearance
- Your baby had bruises, marks, swelling, or abrasions to their face, head or shoulders at time of delivery
- Your baby required assistance breathing shortly after delivery (ventilation)
- Your baby’s arm appears limp while their other extremities look normal
- You baby experienced seizures within the first 48 hours after delivery
Birth injuries can result in life-long disabilities that require round the clock care, including:
- Cognitive impairment
- Intellectual deficiencies
- Developmental delays
- Epilepsy
- Movement disorders
- Hearing and Vision impairment
- Apraxia (motor speech disorders)
- Dysfunctions with swallowing, eating, and breathing
- Executive functioning challenges
- Learning disabilities
- Slowed processing speed
- Autism
- Visual Processing challenges
- Gastrointestinal issues and incontinence
- The gravity of the injuries depends on:
- How long your baby does not get enough oxygen
- How low the level of oxygen is
- How quickly the right treatment is given
If you and your child were the victim of medical malpractice, you may have a right to obtain compensation to help with your baby’s lifelong disability and hold the treating hospital and physicians accountable for negligence. You and your child may recover the following damages:
– Lifetime medical care and treatment
– Cost of lifetime in-home care
– Loss of earning potential
– Loss of services (from child to parent)
– Loss of enjoyment of life
– Disfigurement and scarring
– Emotional distress
– Pain and suffering
Sanocki Newman & Turret, LLP has been successful in litigating birth injury cases. If you or your child has sustained such an injury, you may be the victim of medical malpractice. Please contact Sanocki Newman & Turret so we can evaluate your potential medical malpractice lawsuit by calling us at (212) 962-1190 or email us at info@sntlawfirm.com.