Birth asphyxia, or oxygen deprivation during labor and delivery, can seriously harm an infant both physically and mentally. Long-term conditions like cerebral palsy, developmental delays, and other disabilities may result, and it may have been prevented if the doctor took more care.
If your newborn suffered from birth asphyxia due to negligence during delivery, you need an experienced legal advocate on your side. The attorneys at Birth Injury Lawyers Group have extensive knowledge of the laws relating to these medical malpractice cases.
Dealing with a child’s birth complications is challenging enough without also facing unclear legal options. We understand you need straightforward answers now. Our birth asphyxia lawyers will fight to hold your doctors accountable and help you receive fair compensation.
What Causes Birth Asphyxia?
While sometimes birth asphyxia can occur even when appropriate medical care is provided, certain events could indicate it was caused by negligence from your doctor or medical team. Some reasons our lawyers have seen for birth asphyxia include:
- Delayed use of emergency cesarean section despite clear signs of fetal distress in the birth canal.
- Improper monitoring of the baby’s heart rate with an electronic fetal monitor.
- Excessive use of certain medications that inhibited a baby’s ability to tolerate labor stresses.
- Prolonged labor without treatment or actions to speed up delivery.
- Failure to promptly suction an infant’s mouth and nose immediately after birth to clear secretions.
- Negligent administration of forceps or vacuum extraction maneuvers that cause traumatic head or neck injuries.
Our legal team will work to determine if any of these preventable errors led to a diagnosis of birth asphyxia. If so, you may be eligible for compensation through a birth injury lawsuit.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Diagnosing Asphyxia After Birth
Some ways to recognize birth asphyxia include:
- Low Apgar scores (a test of heart rate, breathing, muscle tone, reflexes, and skin color) at 1 and 5 minutes after birth.
- Requirement of extensive resuscitation efforts like chest compressions or use of a ventilator to establish breathing.
- Seizures or abnormal muscle movements that develop within the first few hours or days of life.
- Blood tests that show high levels of metabolic byproducts from oxygen deprivation during delivery.
- Neuroimaging scans that reveal injuries to the brain.
By reviewing a newborn’s initial presentation and assessment for these common asphyxia indicators, we can determine if the diagnosis was properly made in time. If it wasn’t, that’s an indicator of medical negligence.
Some treatments can be done to control the damage of birth asphyxia, like therapeutic hypothermia for brain damage. If these treatments were available and could have helped your baby, that’s another mark against your medical team.
Kentucky Birth Asphyxia Lawyer Near Me (800) 222-9529
Birth Asphyxia and Liability
Proving liability in a medical malpractice case involving birth asphyxia is one job of our attorneys. Our Kentucky birth asphyxia lawyers at Birth Injury Lawyers Group are skilled at investigating whether your doctor failed to meet the standard of care expected that ultimately led to your child’s oxygen deprivation.
Some ways we’ll pursue to prove liability may include:
- Confirming a medical provider did not follow hospital policies/guidelines for fetal distress or emergencies during labor and delivery.
- Reviewing expert testimony from obstetricians and nurses that certain deviations made an adverse outcome essentially preventable.
- Analyzing medical records for improperly documented monitoring intervals or missing fetal heart rate readings that should have triggered swifter action.
- Interviewing you about all risks from labor complications were adequately disclosed.
By thoroughly building a case from all the evidence, we can establish who was liable. If it was your doctor, then we can calculate damages and fight to get you the maximum compensation possible.
"We know first-hand what you are going through."
Possible Birth Asphyxia Damages
If medical negligence leads to your child suffering from birth asphyxia, families face tremendous physical, emotional, and financial burdens raising a child with serious, potentially lifelong disabilities.
Some potential impacts our legal team considers in determining settlement values for these cases include:
- Medical costs for ongoing care, therapies, surgeries, and interventions.
- Lost income potential if the child has challenges that preclude independence.
- Expenses for specialized education, job coaching, residential facilities, and attendant nursing care.
- Non-economic damages for the child’s permanent brain injuries, pain/suffering, and more.
We pursue resolutions reflecting the true costs of a birth asphyxia victim’s medical care from infancy through adulthood. While some cases of birth asphyxia can heal over time, moderate and severe cases often cause life-long challenges that deserve life-long compensation.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Does Kentucky Limit How Much I Could Receive in a Birth Asphyxia Claim?
Some states put a limit on how much a victim can get from certain kinds of damages, even if they’re a minor. However, Kentucky does not have damage caps for medical malpractice, including for non-economic damages.
This means that should you win your claim in court, the jury can award you however much they wish. By the time your case gets to trial, your lawyer will know how much a fair settlement value is for your claim and will have worked to persuade the jury to give you what you’re owed.
Get a Kentucky Birth Asphyxia Lawyer Now
If your newborn suffered oxygen deprivation during delivery due to negligence, time is critical. Our Kentucky birth injury lawyers understand what you’re going through and know how to fight for your child’s right to compensation.
If you believe your baby’s birth asphyxia could be a result of substandard medical care, don’t hesitate to contact the Birth Injury Lawyers Group. Our team provides free case consultations to answer your questions. Together, we’ll protect your child’s rights and future.
"We are committed to helping families who have suffered medical negligence."