Who is to Blame for Perinatal Asphyxia?

A birth injury is every parent’s worst nightmare approaching a due date, and it’s important for expecting parents to understand the risks that can arise during childbirth. Perinatal asphyxia is a dangerous condition that impairs a baby’s breathing just before, during, or after delivery. Many issues may cause this, and parents need to know their rights and options for legal recourse if the condition results from negligence.

This condition can occur for a number of reasons. One of the most common is a prolapse umbilical cord that comes out before the baby. A pinched umbilical cord may also cause it. A baby receives oxygen from his or her mother through the umbilical cord, so any pressure or pinches in the cord will reduce the baby’s oxygen supply, potentially resulting in perinatal asphyxia. A child born prematurely may also suffer from perinatal asphyxia due to underdeveloped lungs. In some cases, an unborn child will defecate in the womb, releasing meconium which the child may then aspirate into his or her lungs. Doctors will have to work quickly to complete the delivery and remove the meconium from the child’s lungs as soon as possible.

Perinatal asphyxia can cause brain damage within minutes, potentially impacting the child’s development in many ways. It’s also possible the child will experience seizures later in life, and the condition may impede other aspects of the child’s growth.

There are several ways to treat perinatal asphyxia, but hospital staff or attending physicians must work very quickly to do so. Treatment typically involves suctioning fluid from the baby’s lungs, introducing the baby to an oxygen-rich environment, and use of a respirator. If left unaddressed for too long, perinatal asphyxia can be fatal or result in permanent brain damage. Although some instances of perinatal asphyxia are unavoidable, when the condition results from negligence, the parents of an affected child need to know their options.

If a physician or other medical professional causes a birth injury due to negligence, inattention to patient vital signs, anesthesia errors, or any other failure to meet an acceptable standard of care, the parents may then take legal action against the responsible party in the form of a medical malpractice lawsuit. To succeed with such a claim, the parents will likely need approval from the relevant medical board, which will review their claim and determine whether it has merit as a medical malpractice case.

Proving medical negligence is similar to proving negligence in any other civil claim with a few notable exceptions. First, the plaintiff must prove that any doctor-patient relationship that existed with the defendant was official, meaning the defendant agreed to provide treatment and the plaintiff agreed to the defendant’s treatment. Next, the plaintiff has to prove how the doctor failed to meet an acceptable standard of care. This could involve using excessive force during delivery, improper use of medical instruments like vacuum tubes or forceps, insufficient patient monitoring, or poor prenatal care.

If the plaintiff can prove that the defendant failed to meet an acceptable standard of care or was negligent and caused the birth injury in question, the parents can recover compensation for their damages. This could include missed time from work to provide childcare or to stay with an infant in recovery, long-term medical expenses for the child, and pain and suffering damages. Plaintiffs should remember that there are special provisions in place for medical malpractice claims throughout the country, and many states cap or limit the amount of compensation a claimant can receive. However, anyone whose child has experienced perinatal asphyxia should contact an experienced birth injury attorney to discuss available options.

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