Birth injuries are always a concern for parents. There are dozens of birth injuries that can happen, but while many of them are preventable, they can still cause major suffering. One such birth injury is perinatal asphyxia, a condition where a baby doesn’t receive enough oxygen around the time of birth. Often, this lack of oxygen is linked to delayed delivery when signs of fetal distress are present. Your Pennsylvania birth injury attorney wants you to understand your rights and options if your child experiences perinatal asphyxia.
What Is Perinatal Asphyxia?
Perinatal asphyxia, also known as birth asphyxia, happens when a baby’s brain and other organs don’t receive enough oxygen and blood flow before, during, or immediately after birth.
When the baby is deprived of oxygen, they can develop serious and permanent brain damage. This brain damage can result in conditions like
- Hypoxic-ischemic encephalopathy (HIE)
- Cerebral palsy
- Developmental delays
- Death
The severity of the injury depends on the duration and extent of the oxygen deprivation. The longer the child is deprived of oxygen, the worse the injury will likely be.
The Link Between Delayed Birth and Perinatal Asphyxia
Prompt intervention is essential if a baby experiences distress during labor. This is why doctors are supposed to monitor for changes in condition throughout labor and delivery. Delays in birth can prolong the duration of the oxygen deprivation, increasing the risk of perinatal asphyxia.
For example, if a baby is showing signs of fetal distress suggesting low oxygen levels and the medical team does not deliver the child quickly, the continued stress of labor without adequate oxygen supply can lead to severe consequences. Recognizing these warning signs and acting fast is the best way to prevent hypoxic injuries.
Doctors Are Legally Required to Follow the Standard of Care
Medical professionals involved in labor and delivery have a legal and ethical obligation to provide care that meets the accepted “standard of care.” This means they must act with the same level of skill and diligence that other competent healthcare practitioners would show in similar situations. This often involves the following:
- Monitor fetal health and well-being: Continuous or intermittent monitoring of the fetal heart rate and maternal contractions allows the medical team to identify early signs of fetal distress.
- Act quickly when distress arises: Doctors must investigate the cause and take appropriate action quickly. Delays in responding to clear indicators of fetal compromise can be a breach of the standard of care.
- Use appropriate interventions: Depending on the specific circumstances, the standard of care may require the timely use of interventions, including Cesarean section, to deliver the child before distress turns into a birth injury.
Your Legal Options if the Standard of Care Is Violated
When a medical professional’s failure to adhere to the standard of care directly causes a delayed birth and results in perinatal asphyxia and subsequent injury to the baby, it can constitute medical negligence. Parents have the right to seek compensation for the harm caused and to hold the medical care team accountable for their actions.
This often involves filing a medical malpractice lawsuit against the doctor, other involved medical care staff (including nurses or midwives), and the hospital where the negligence occurred.
The Types of Damages You May Sue For
If your child experienced perinatal asphyxia and suffered severe and permanent injuries, you may be eligible to file a lawsuit with help from a Pennsylvania birth injury attorney. This lawsuit could help you recover damages for:
- Medical expenses
- Pain and suffering
- Home modifications
- Wrongful death
Every case is different. Speak with your attorney to learn about the types of damages you may be eligible for.
Speak With a Pennsylvania Birth Injury Attorney Today
The consequences of perinatal asphyxia due to a delayed birth can be life-altering for the entire family. If you suspect that your child’s birth injury was the result of medical negligence during labor and delivery, don’t wait. Speak with an experienced Pennsylvania birth injury attorney as soon as possible. Contact us today to schedule a consultation.