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I first began working on medical malpractice cases involving birth injuries back in the late 1990s. Over the years, cases involving hypoxic birth injury, physical birth trauma, and meconium aspiration have become a large part of my practice. As a result, I am well aware of the devastating effects that traumatic births and botched deliveries can have on children. I also understand the importance of early intervention and the lifelong therapeutic, educational, and vocational needs of children who have suffered various types of birth injuries, including meconium aspiration syndrome.

I have seen the emotional strain that this type of medical negligence causes the parents of these children, and even the effects it can have on the siblings of the child who is injured. One thing that is a common and recurring theme of all parents is that they somehow start to blame themselves for what happened. While this reaction is very human, the self-blame is almost always misplaced.

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.

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, and can deprive the baby of oxygen resulting in lasting injuries including brain damage, developmental delays, cerebral palsy, and mental retardation.

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. Here is a list of some of the common signs or clues that birth trauma may have occurred during labor and delivery.

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.