Brain Damage at Birth: Medical Malpractice Suits

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A birth injury is damage sustained by an infant during the birthing process and usually occurs during the infant’s transit through the birth canal during labor and delivery.  A difficult delivery posing a risk of injury to the infant usually happens when the birth canal is too small or the fetus is too large and often involves a mother who is a diabetic.   A birth injury is more likely when the fetus is lying in an abnormal position in the uterus prior to the labor and birth process.   However, with today's improved prenatal assessment, ultrasonography and common cesarean deliveries the occurrence of brain damage at birth injuries events happening during the labor and delivery process have become fairly rare, the risk is however, far from completely removed.

Infants who suffer a lack of oxygen at birth, or a birth injury known as "perinatal asphyxia" and alternatively known as"hypoxic ischemic encephalopathy," will have a high risk of infant death.  If the infant survives the brain damage at birth injury it will have a substantial risk of suffering a permanent mental disability.  Perinatal asphyxia results when too little blood flows to the newborn's tissues when there is too little oxygen in the blood.  There can be many causes for this birth injury and in some cases the exact cause of the injury can never be determined with accuracy.

Causes of Perinatal Asphyxia

  • Inadequate function of placenta to provide oxygen to fetus during labor
  • Fetus suffers a sudden loss of blood from trauma of some kind
  • Abnormal fetal development arising from a genetic abnormality
  • Fetus suffering from viral infection
  • Fetus was exposed to drugs invitro
  • Pressure on the umbilical cord
  • Blood clot in umbilical cord

Brain Damage at Birth Injury from Perinatal Asphyxia Ranges from Mild Learning Disorders to Delayed Development to Cerebral Palsy.

Newborns suffering from perinatal asphyxia will usually appear pale and lifeless, breathe weakly or not at all, and have a very slow heart rate.  If asphyxia was caused by a rapid blood loss the newborn will likely remain in shock. These newborns will be given fluids by vein, blood transfusions and support for breathing.  They may subsequently exhibit signs of injury to one or more major organ systems.   If brain function was affected by the oxygen deprivation the newborn may appear lethargic and suffer from seizures or coma. Kidney function and the output of urine can also be affected by the lack of oxygen and there may also be difficulties with lung function or breathing.  If the infant does survive, it may appear completely normal but may later exhibit signs of permanent neurologic damage, ranging from mild learning disorders to delayed development to cerebral palsy.   Many severely asphyxiated infants do not survive the birth injury.

Getting Legal Help

If you or a member of your family has a child who suffered disabling brain damage at birth as the result of medical negligence involving instances of diagnostic error or medical, procedural error it is very important to seek out the assistance of a medical malpractice attorney.  Only a malpractice attorney can fully evaluate the facts to determine if the brain damage at birth injury suffered involved acts of medical negligence or professional malpractice.  An attorney can take necessary steps to preserve and protect the legal rights of the injured child and the child’s family.  Often the family has endured significant financial loss due to costs of medical treatment for the child.  An attorney may be able to recover those costs and secure additional funds to cover future medical and special education needs for the child.

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