Even as unborn babies, we humans require a steady flow of oxygen to survive. If that oxygen supply is interrupted, the damage can be severe, especially when it occurs during pregnancy or the birthing process. Unborn babies and newborns are especially delicate and far more susceptible to harm, which is why any disruption in oxygen or blood flow can result in life-altering consequences. The lack of blood and oxygen to the brain, known as birth asphyxia, can cause developmental issues, significant brain damage, and can even be fatal if left untreated.
If your child suffered from birth asphyxia, you need to act quickly to protect their rights and their future. Our experienced birth injury lawyers in Indiana at Wagner Reese have worked with families affected by birth injuries across Indianapolis and beyond, and we understand how traumatizing and disheartening this experience can be. We make it a priority to provide each of our clients with personalized legal guidance, attentive counsel, and zealous representation. If you need a birth asphyxia lawyer for your child’s injuries, we are here to help.
What Is Birth Asphyxia?
Birth asphyxia occurs when an unborn baby’s brain is deprived of oxygen or blood flow. This decreased circulation affects the development and functionality of the brain and, subsequently, several other organs throughout the body. Because brain cells need oxygen to function properly, the lack of adequate blood flow may result in a buildup of acids in the cells, which can cause lasting damage.
Milder cases of birth asphyxia, if treated quickly, may result in minor, temporary effects. However, babies deprived of oxygen for a prolonged period may suffer brain damage, organ failure, and even death. In many cases, birth asphyxia leads to the development of additional health conditions that require ongoing care and intervention throughout the child’s life.
Long-Term Effects of Birth Asphyxia
The long-term consequences of birth asphyxia vary depending on the severity and duration of oxygen deprivation, but they are often profound. Affected children may face lifetimes of medical treatment, therapeutic intervention, and educational support. Understanding these outcomes is an important part of building a compensation claim that accounts for your family’s full range of future needs.
The side effects of birth asphyxia can include the following conditions:
- Behavioral problems or disorders
- Cerebral palsy
- Developmental delays
- Difficulty with speech
- Hearing or visual impairments
- Hypoxic ischemic encephalopathy (HIE)
- Learning disabilities
- Motor disorders
- Orthopedic issues
- Seizure disorders
According to a 2023 study published in Pediatric Neurology by researchers at UC San Francisco and Kaiser Permanente, the population incidence of perinatal HIE was approximately 1.7 per 1,000 live births within a modern US birth cohort, underscoring the ongoing burden this condition places on families nationwide.
Who Could Be Liable for My Child’s Injuries?
In short, anyone associated with your child’s treatment, or lack thereof, may be liable for the damages your child suffered. Most birth injuries are caused by medical negligence, which includes doctor negligence, nurse negligence, hospital negligence, defective medical equipment, or other similar failures. Your hospital or medical care facility is most often liable in these cases. However, the delivering physician may also bear personal responsibility, and you may be able to pursue a medical malpractice claim against them as well. Our attorneys can explain more about medical negligence in the delivery room and what it means for your case.
Several different conditions may lead to birth asphyxia, including prolonged birth, umbilical cord issues such as a pinched or prolapsed cord, hypoxemia affecting the mother, placental abruption, maternal infection, maternal blood pressure issues, anemia, and premature birth. Any of these issues can put the baby at serious risk and requires immediate medical attention.
How Medical Staff Should Respond
When risk factors for birth asphyxia are present, medical providers have a clear duty to act. Nurses and doctors must monitor mothers for warning signs throughout labor and delivery. If symptoms indicate that the baby is in distress, the care team may reposition the mother, administer restorative medications, or order an emergency C-section to deliver the baby safely. If the medical staff fails to diagnose, treat, or monitor the mother or unborn baby properly, the consequences can be devastating and life-altering for the entire family.
In cases where a mother develops infant chorioamnionitis or another infection during pregnancy that goes undetected or untreated, the risk of birth asphyxia is significantly elevated. Holding the responsible parties accountable is a critical step in obtaining the resources your child will need.
Understanding Compensation in Birth Asphyxia Cases
Families affected by birth asphyxia often face enormous, long-term financial burdens. Compensation in these cases may cover a wide range of damages, including past and future medical expenses, physical and occupational therapy, assistive devices and home modifications, lost earning capacity, and the pain and suffering endured by the child and family. The value of a claim depends on many factors, including the severity of the injury and the degree of negligence involved.
Because children injured at birth may require care for decades, it is important to work with attorneys who understand how to calculate and document the full scope of future damages. Understanding the factors that build a strong HIE injury claim can help your family pursue the compensation that reflects the true impact of the injury.
Contact Wagner Reese for a Free Consultation With Our Birth Asphyxia Attorneys
If your child suffered birth asphyxia during or after the birthing process and has since developed related health conditions, our birth injury lawyers are prepared to help you seek justice and fair compensation. With more than 150 years of combined experience advocating for the rights of the wrongfully injured, we want to help you and your family take action against the parties responsible.
Wagner Reese has been serving families across Indianapolis and Indiana since 1997, earning recognition from Super Lawyers, Best Lawyers, and other respected legal organizations. To get started, contact our office today to schedule a free consultation with our Indianapolis birth asphyxia attorneys.
