It can be devastating to learn that your newborn child has suffered a birth defect. While some defects are minor and resolve over time, some are severe and can affect a child throughout their life. Most unforeseeable defects occur during or immediately after a child is born. A mother rarely expects complications during labor or delivery. However, complications during labor and delivery are common.
Medical professionals often try all means to prevent birth injuries, but sometimes, injuries occur. Injuries can occur because of negligence or circumstances beyond the doctor’s control. A common birth injury is brain asphyxia, which occurs when a baby is deprived of oxygen during birth. Sometimes, the condition can occur while a baby is still in the womb if the umbilical cord is kinked or pinched. You can file a medical malpractice claim if your child’s brain asphyxia occurs due to healthcare providers’ negligence.
Understanding brain asphyxia
Asphyxia means lack of oxygen. Also known as perinatal asphyxia or neonatal asphyxia, brain asphyxia is a condition that occurs when an infant is denied oxygen during or after birth. An infant’s muscles, organs, and brain highly rely on oxygen. A delivery can only occur successfully if there is sufficient flow of oxygen. An infant’s cells cannot function well if he/she is denied oxygen, and as a result, damage can occur to the brain and most organs because of acid build-up in the cells.
Brain asphyxia can be severe, moderate, or mild. Most infants recover fully from moderate and mild asphyxia cases. On the other hand, it can be challenging for an infant with severe brain asphyxia to recover. Severe brain asphyxia can cause death, disability, or lifelong birth defects.
It is the responsibility of a doctor to diagnose and treat brain asphyxia. A competent doctor can detect brain asphyxia before or during delivery and take appropriate action. Once brain asphyxia is established, an experienced doctor can choose to, among other things:
- Put the infant on a respirator
- Carry out emergency or cesarean delivery, or
- Put the pregnant mother on extra oxygen if asphyxia occurs before delivery
Doctors claim that developing countries experience a high rate of perinatal asphyxia, while there are low rates in developed countries. This happens because there is limited access to maternal and neonatal care.
What You Should Do If Your Baby Suffers from Brain Asphyxia
The following are some of the steps you can take if your baby suffered from brain asphyxia:
Take Your Baby For Medical Assessment And Treatment Immediately
The health of the baby should be your priority. Take your baby to a skilled and experienced pediatrician, especially a neonatologist. The doctor will perform diagnostic tests like neurological evaluations, blood oxygen tests, and brain imaging, or a CT scan and an MRI. An expert will also monitor the symptoms of the baby, like developmental delays, feeding difficulties, weak muscle tone, breathing difficulties, and seizures. Early intervention, like therapeutic hypothermia, can prevent brain injury if started immediately after birth.
Request And Secure All Medical Records
Request complete medical records from the doctor involved or the hospital. The records are vital for understanding what happened. Some of the documents include:
- Nursing notes
- Treatment records
- Neonatal intensive care unit records
- Apgar scores
- Fetal monitoring strips
- Labor and delivery notes, and
- Prenatal care records
It is important to keep both physical and digital records.
Record Everything About The Birth
Document a comprehensive timeline of events as follows:
- The time when labor started
- The time you arrived at the health facility
- What nurses and doctors said
- Any delays in medication, and
- Emergency interventions carried out
You should also document the names of the nurses and doctors who were involved. Additionally, record times of key events and any unusual mistakes or behavior. The above information will help establish if medical negligence existed.
Seek A Second Medical Opinion
Seek the services of another independent medical professional, like a neonatologist, a developmental pediatrician, or a pediatric neurologist. The above professionals will assess and establish if the condition of the baby could have been avoided with proper treatment.
Start Early Therapy Intervention
Start therapy immediately if the baby shows developmental problems. Some of the programs you should engage in include speech therapy and neurological rehabilitation. You should also take the baby to occupational therapy and physical therapy. Early intervention can greatly improve the outcome for babies with oxygen-associated brain injuries.
Seek The Services Of A Medical Malpractice Attorney
Reach out to a birth injury or medical malpractice attorney experienced in cases involving brain asphyxia. An attorney will help establish if the doctor failed to adhere to the standard care practices. Some of the violations of the doctor can be the following:
- Poor monitoring during labor
- Poor use of delivery tools
- Delaying an emergency C-section, and
- Ignoring fetal distress signals
Your attorney will evaluate the records with medical professionals to determine negligence.
Understand the Elements of Malpractice
The following elements are required when proving malpractice:
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Duty Of Care
Duty of care is the first element you must prove in a medical malpractice case. You should show that the doctor had a legal duty to offer you proper medical care but failed to meet the required medical standards. Some of the ways to prove duty of care when your baby suffers brain asphyxia include the following:
- Proving that a professional relationship existed between you and the doctor
- Provide crucial records like admission forms, treatment notes, surgical reports, and diagnostic results
- Provide proof of consent for treatment. You should show that the doctor agreed to carry out a medical procedure.
- Show professional liability under medical standards
- Use expert witness testimony
- Use statement witness
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Breach Of Duty
Breach of duty in medical practice occurs when a doctor fails to meet the required standard of care. You must prove that the doctor violated the duty, causing injuries to your baby. Breach of duty can be proved through:
- Identifying the acceptable standard of care
- Compare the doctor’s actions with the required medical practice
- Examine medical records for errors, and
- Showing delays in diagnosis or treatment
Preserve The Evidence
The following is important evidence you should preserve if your child suffers from brain asphyxia:
- Bills and medical expenses
- Photographs or videos
- Witness statements
- Hospital policies and procedures
- Fetal heart monitor strips, and
- Medical records
Do not lose or change any documents related to the birth.
File The Malpractice Claim Within The Designated Time Limits
The statute of limitations for medical malpractice in California is covered under Penal Code 340.5. You must file your claim immediately or within one year after discovering the injury to your child. In some circumstances, this period can be extended.
Seek Emotional And Social Support
Birth injuries can be emotionally traumatizing. Seek emotional and social support from social workers, community disability support services, counseling, and parent support groups. You can cope with your situation better if you connect with other families facing similar situations.
Damages You Can Recover In A brain asphyxia Case
Medical malpractice damages can include non-economic and economic losses, like medical expenses, lost wages, pain and suffering, among others. The damages are evaluated based on the facts of each case. Each case requires a personalized evaluation because there is no standard formula. The following are some of the damages you can recover in a brain asphyxia case:
Medical Costs
When a doctor commits medical malpractice, you must undergo an extra medical procedure to rectify the damage. If a doctor commits a brain asphyxia, your baby will require further medication to save or improve their life. The additional treatment can include ongoing medical care needed as a result of the malpractice.
You will be the one burdened by the bill even if your medical expenses are the direct result of a health provider’s mistake. For example, you will be billed for procedures related to brain asphyxia, the hospital stay afterward, medications, and follow-up care.
If you file a brain asphyxia case, recovering damages to cover past, present, and future medical bills is of paramount importance. With the help of a competent personal injury attorney, you can recover future medical care and future medical expenses for your baby. If your case is expensive, a fair settlement can prevent you from taking on medical debt.
Lost Income
Sometimes, injuries related to brain asphyxia can be so severe that your baby is left with permanent disability. Even if your baby heals completely, you will likely miss out on wages during the time you will be taking care of your child. Damages are also available for temporary disabilities of your child that temporarily affect your ability to work. Severe injuries could mean thousands of dollars in lost income.
In medical malpractice lawsuits, you can recover damages for lost income and estimated loss of future income. It can be challenging to determine lost future income. Your attorney can seek the services of an economic and labor market expert to determine the amount you are owed. An attorney will also explain the figure to the court, particularly when a doctor with a record of continuing to practice after a malpractice case has caused severe permanent injuries to your child.
Pain And Suffering
Most of the damages recovered in a medical malpractice case are monetary losses. However, if your baby has suffered at the hands of a negligent health practitioner, the experience can impact more than your bank account. As a result, your attorney can pursue additional damages for pain and suffering. Pain and suffering compensation can include:
- Loss of enjoyment of life
- Emotional distress
- The psychological impact of your child being physically disfigured
- Inconvenience, and
- Physical pain
It can be difficult to assign a value to pain and suffering damages. However, a skilled attorney for medical malpractice can advise you on what you can do. An attorney can also guide you as to what to ask for in a medical negligence case.
Loss Of Consortium
Brain asphyxia does not just affect your child. This situation can damage your relationship with your partner or another intimate relationship. The law allows you to file a claim for loss of consortium. The purpose of this claim is to compensate you for the loss of companionship and support.
Disability And Impairment
Your baby suffering from a disability can be stressful, particularly if a health practitioner caused it. A permanent disability can have a great impact on your daily life and future well-being, not only for you but also for your baby.
If your child becomes partially or totally disabled because of a medical practice, you can seek payment for the impact of your child’s disability on your life. These damages cover both non-financial and financial impacts.
If your child is confined to a wheelchair because of a procedure gone wrong, you can pursue damages to modify your home. Modifying your home is important to accommodate new physical limitations and buy a wheelchair accessible van for your child. Your baby will also be compensated for the loss of quality of life.
Wrongful Death Damages
When your baby dies because of negligence or improper performance of the doctor, you have the right to file a wrongful death claim as part of a medical malpractice case. Medical malpractice death claims involve not only the loss of a loved one but also the financial and emotional challenges that follow.
Compensation can be significant in a wrongful death malpractice lawsuit. You are entitled to recover damages for the medical expenses incurred before the death of your baby. The law also allows you to recover lost income that your baby could have contributed to the family upon maturity. Additionally, you are entitled to pain and suffering damages, covering the profound emotional effect and life loss you experienced.
Wrongful death lawsuits are medical malpractice claims that aim to give monetary support and justice for the family of the deceased. Holding the liable doctor accountable can help the family move forward, even if no amount of compensation can make up for the loss of a baby.
Find A Reputable Personal Injury Attorney Near Me
If the medical staff or a doctor fails to recognize the early signs of asphyxia or delays treatment, a child can suffer severe birth injuries. The potential injuries include damage to the brain, heart, lungs, and kidneys. Brain asphyxia can cause paralysis, brain damage, cerebral palsy, or even death. While the complication is rare, medical professionals must be alert, identify symptoms of a complication, and act fast. If your child suffered brain asphyxia due to medical negligence, a Jacksonville Personal Injury Attorney can help. Contact us today at 904-800-7557 to speak to one of our attorneys.
