If your baby has sustained infant brain damage or hypoxic brain injury as a result of birth trauma contact our medical malpractice lawyers for legal help. Call 902-425-7330 to schedule your free consultation or complete our short online contact form.
One of the most serious complications that can occur during childbirth is an impairment of oxygen to the baby. In the womb, oxygen is delivered to the baby via the placenta – an organ that connects the baby’s umbilical cord to the maternal uterus. The placenta provides for the supply of oxygen and nutrient-rich blood to the baby through the umbilical cord. The umbilical cord acts as the “highway” by which oxygenated blood reaches the baby. This delivery of oxygen is essential to the baby’s health and wellbeing.
Obstetricians and obstetrical nurses will monitor the baby’s wellbeing during the course of labour by tracking the fetal heartbeat. This is because any impairment to the umbilical cord, and thus to the supply of oxygen to the baby, creates observable changes to the fetal heartbeat. When these changes occur, it is a sign of impaired oxygenation which should prompt intervention by nurses and doctors. Sadly, nurses and doctors do not always respond quickly enough to signs of impaired oxygenation. When this occurs, a baby can sometimes go for hours with inadequate oxygenation. The longer a baby suffers from lack of oxygen, the more likely they are to sustain permanent brain damage known as a hypoxic brain injury.
Hypoxic-ischemic encephalopathy, often called “HIE” is one of the most serious tpes of birth injuries a baby can experience. It occurs when a baby’s brain does not receive enough oxygenated blood flow before, during, or shortly after birth.
Although the term “hypoxic-ischemic encephalopathy” sounds complex, it can be broken down into three simple parts:
What does “hypoxia” mean?
The term “hypoxia” or “hypoxemia” refers to a deficiency of oxygen. Before birth, a baby relies entirely on the maternal placenta and umbilical cord for their supply of oxygen. Any interruption to this oxygen flow can expose the baby to a hypoxic environment.
Common causes of insufficient oxygen can include:
When oxygen supply drops and the uterine environment becomes hypoxic, it causes observable abnormalities in the fetal heart rate. Doctors and nurses are trained to monitor the fetal heart rate closely, and to intervene quickly when concerning patterns emerge. When doctors and nurses fail to intervene despite signs of fetal hypoxia, they risk the baby sustaining a profound and permanent brain injury.
What does “ischemic” mean?
“Ischemia” refers to reduced or inadequate blood flow. In the context of HIE, it means that the fetal brain is not receiving the blood supply it needs. Blood flow is essential, as it carries oxygen and nutrients to the brain – two elements that are essential for survival.
While a “hypoxic” brain injury refers to an injury caused by lack of oxygen only, a “hypoxic-ischemic” injury refers to a lack of both oxygen and blood. Without enough oxygen and blood, the brain is deprived of energy and permanent injury can occur.
What does “encephalopathy” mean?
“Encephalopathy” simply means a disorder or injury to the brain. In the context of HIE, it refers to abnormal neurological functioning in the first few days of life, such as seizures, difficulty breathing, low muscle tone, and feeding problems.
Babies who are born with HIE as a result of inadequate oxygenation and blood flow during labour sometimes require resuscitation with supplemental oxygen, a CPAP machine, or mechanical ventilation after they are born, and are commonly admitted to the neonatal intensive care unit (the “NICU”) for a few days after birth.
Finding out that your child has sustained a brain injury at birth can be emotional and overwhelming. It is important to understand that not all hypoxic brain injuries sustained at birth will lead to permanent and life-long impairments; many children recover without any developmental delays. In some cases, however, hypoxic or hypoxic-ischemic injuries result in profound neurological injuries that will require lifelong care and support.
The birth injury lawyers at Wagners have extensive experience representing clients with hypoxic-ischemic encephalopathy, and take the time to understand the complex issues involved in litigation of birth injury cases. If your child suffered a brain injury during birth, our birth injury lawyers will advocate on your child’s behalf and help you obtain the financial compensation necessary for your child’s wellbeing and future care.
In many birth injury cases, the underlying cause of HIE is asphyxia – a lack of oxygen and blood flow to the baby’s brain during labour and delivery.
Although babies are surprisingly resilient, they cannot withstand oxygen deprivation indefinitely. When obstetrical nurses, doctors, or midwives fail to recognize and respond to signs of fetal distress, the results can be catastrophic.
Examples of medical negligence leading to HIE can include:
Medical guidelines exist to help healthcare providers know when to act in order to prevent HIE. If these guidelines are not followed, and medical standards are not met, families might have a viable claim in medical negligence.
If your child was diagnosed with hypoxic‑ischemic encephalopathy or similar brain injury at birth, you may be overwhelmed with questions about the future. Children with HIE often require lifelong care, specialized therapies, and significant financial support. The lawyers at Wagners can represent your child, and help you obtain the financial compensation necessary to support your child’s care and wellbeing.
At Wagners, our team takes the time to understand your circumstances and stand beside families as they navigate the legal and emotional challenges that follow a preventable birth injury. For a free consultation, contact us at 902-425-7330 or complete our short online contact form
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