Birth Injury – Medical Malpractice

"When a baby loses oxygen during birth, the injuries may not become apparent until later in life."

When trying to figure out if malpractice exists, there are a few things you should be aware of.

Often times it will be obvious if a baby has suffered trauma at the time of birth.

Obvious trauma is present when a baby just doesn’t appear right.

For example, the color might be either very pale or dark purple, the newborn may be limp or floppy, the baby may not cry for several minutes or at all, or the baby might need to be intubated and taken to the NICU in order to receive oxygen.

Sometimes however, the damage to a newborn from birth trauma isn’t so obvious.

It is well known that when a baby loses oxygen during birth, the injuries may not become apparent until later in life.

The reason for this is simple, newborn babies don’t do a whole lot.

Essentially, a newborn infant primarily only eats, sleeps, and messes their diapers.

So unless a child has a problem feeding and needs a feeding tube, parents – and even doctors – may not be aware that the baby has been permanently injured.

Many times, the first sign that there was medical malpractice during childbirth starts to become apparent when the child misses a milestone like sitting or crawling.

Other times the injuries aren’t known until the child starts to exhibit developmental delays in walking or talking.

Occasionally, it isn’t until several years later during the early school years that the full extent of the birth trauma becomes apparent.

Complications from Meconium Aspiration

One thing to be on the lookout for is whether there is meconium when the water breaks, or at any time before the baby is born.

Meconium is the baby’s stool, or feces, and can cause significant problems if it is inhaled into the baby’s lungs.

As a New York Birth Trauma Lawyer, I am well aware of how medical malpractice can cause a baby to inhale or swallow meconium – which is technically called meconium aspiration.

This can deprive the baby of oxygen resulting in lasting injuries including:

• Brain damage
• Developmental delays
• Cerebral palsy
• Mental retardation

Causes of Baby Passing Meconium

The passage of meconium during birth can be caused by either physical trauma or a lack of oxygen to the baby before being born.

If the meconium is then inhaled into the baby’s lungs, it can make it impossible for the newborn to get oxygen into the lungs after birth.

Babies are often intubated when this happens in an effort to help deliver the much needed oxygen to the lungs and other organs including the brain.

Below, we’ve included a list of some of the common signs or clues that birth trauma may have occurred during labor and delivery.

We’ve also included a list of some common injuries that occur as a result of medical malpractice during birth.

If you feel there was medical malpractice that resulted in an injury to your baby at birth, you should consult with an attorney as soon as possible.

We offer 100% free consultations.