- faints and cannot be woken up
- is shaking or jerking because of a fit
- is blue or grey
These could be symptoms of breath-holding, but could also be related to other, more serious conditions. If a doctor has not previously told you it's breath-holding, it's important to get it checked immediately.
Babies with mild or moderate asphyxia may recover fully. If the cells did not get enough oxygen for a longer time, a baby may have permanent injury. This could affect their brain, heart, lungs, kidneys, bowels or other organs.
Body cooling (therapeutic hypothermia) can improve outcomes for babies born at full term or near term. But babies born 5 or more weeks early cannot have body cooling. In the most severe cases, asphyxia can lead to organ failure and death.
If a baby is thought to have suffered a period of oxygen deprivation then a swift response is critical in minimising the effect that this may have on the child’s mental and physical development.
One of the leading treatments for cases of birth asphyxia is therapeutic hypothermia. This is a treatment that cools the baby’s brain to around 32 degrees for 72 hours following birth. This is believed to slow down the chemical reactions in the brain, giving the brain a chance to repair itself while it is not overwhelmed by other activity.
Of course, the most effective treatment is prevention, which can be achieved through care during the antenatal period, labour and delivery. The medical professionals involved in any birth should have the expertise and experience to recognise signs of oxygen starvation, and quick action in response to this will be vital in minimising any brain damage caused.
What problems can occur when a baby is starved of oxygen at birth?
The impact of oxygen starvation during birth can be long-lasting, and remain with the child for the rest of their life. A study conducted in 2014 by the University of Cork demonstrated that even in mild cases of HIE, developmental delays can affect the child for several years; this can extend indefinitely for moderate or severe cases.
In their research, they found that around 1 in 5 of infants with mild HIE showed signs of learning or behavioural difficulties five years later, including speech delay, autism, attention-deficit disorder (ADD) and dyspraxia (reduced physical coordination). In more severe cases, the children displayed lower IQ scores, decreased processing speeds and poor memory.
A lack of oxygen at birth has been connected with the development of numerous long-term disabilities, including:
- Cerebral Palsy
- ADD/ADHD
- Autism
- Behavioural disorders
- Seizures
- Epilepsy
- Blindness/impaired sight
It can be difficult to tell what the full effect of being starved of oxygen at birth has had on an infant until later life, and they have had an opportunity to undertake any available therapies and treatments.
This need to wait while the child develops in order to see what the long term effects are demonstrates why a case like the £22 million payout for a severely disabled girl in Chelmsford – who required round-the-clock care as a result of being starved of oxygen at birth – could not be settled until the girl reached 11 years old.
These cases also require a significant amount of research in order. This will include obtaining a number of expert reports from a number of professionals who will need to meet with the family.
We completely understand the extent of the investigation and analysis required to establish if oxygen starvation is the cause of your child’s disabilities and, if so, whether that oxygen starvation is as a result of negligence. The long-term impact that birth injuries can have cannot be understated, and while it is impossible to turn back the clock, compensation can go some way in funding the continued care required.
Making a claim for oxygen starvation
The overwhelming majority of births are handled in a safe and professional manner, which is credit to the typical responsiveness of healthcare professionals. But, in instances where this care is lacking, it can result in preventable damage that has long-term consequences for both baby and family.
If your child is affected by oxygen starvation that could have been avoided, we are there to help. As specialist medical negligence solicitors, we dedicate the time required to fully investigate your case, inform you of whether a claim would prove successful, and support you on the path to achieving the compensation you need to secure your future.
If you would like to learn more, please get in touch with our team today.
Disclaimer
All content contained within this article is meant for general information only – this should not be treated as a substitute for medical advice from your doctor or another healthcare provider. If you require legal advice specific to your situation, please contact our team directly.
Gadsby Wicks is not liable for any diagnosis made from the content of this article, nor does it endorse any service or external site linked to within the article.
Always consult your GP if you are concerned about your health and wellbeing, or speak to us if you require legal advice.
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Newborns cannot go too long without breathing. Babies require a steady supply of oxygen to keep their brain and other vital organs functioning properly. When they are not breathing or when the blood from their umbilical cord is not properly oxygenated, they are at risk of serious, permanent injuries.
In many cases, babies continue to receive some oxygenated blood to their organs, even if birth asphyxia occurs. This is known as hypoxia. Anoxia occurs when there is complete oxygen deprivation. Babies can survive hypoxia longer than anoxia, although it depends on how much oxygen they are receiving.
For a free legal consultation, call 1-800-222-9529
Effects of Oxygen Deprivation Vary from Child to Child
After a few minutes without oxygen, the baby could suffer brain damage, organ damage, or other serious complications. According to the National Center for Biotechnology Information (NCBI), this is the most common cause of neonatal death and disabilities.
How long it takes before damage occurs or before the baby’s body cannot survive depends on many factors and can vary widely. Some children have survived for some time without adequate blood flow to the brain and suffered no ill effects. Some have experienced a compressed cord for a few minutes during delivery and received a diagnosis of epilepsy, cerebral palsy, and other developmental disabilities.
While modern medicine makes it possible for more children to survive oxygen deprivation than ever before, many children still suffer serious complications and lasting disabilities. It is impossible to know your child’s prognosis or possible lasting effects of birth asphyxia immediately following the incident. There are simply too many factors that play into the outcome a child will experience.
Be Aware of Reperfusion Injuries Causing Additional DamageHow long newborns can go without breathing is not the only thing you have to worry about when it comes to the damage caused by birth asphyxia. Once the baby’s organs and brain begin receiving oxygenated blood again, reperfusion injuries may occur. This is a different stage when the child may experience brain damage or organ damage.
Reperfusion injuries occur because of acidosis. The damaged cells in the baby’s body break down, releasing waste products into their bloodstream. This can cause additional damage, and there is no cure or preventative treatment. However, hypothermia therapy is sometimes utilized to reduce the damage caused by acidosis.
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Birth Asphyxia as a Medical Malpractice Birth Injury
If your child suffered birth asphyxia as a result of medical negligence, you might have a legal right to hold the doctor, hospital, or another party legally responsible. Your child should not have to live with lifelong challenges because of medical malpractice.
We encourage you to reach out to an attorney who practices medical malpractice law in your state and accepts birth injury cases. They will understand the burden of proof in your case and can help you navigate the process based on state law if you qualify. Most birth injury law firms work based on contingent fees, as well. They only receive payment for representing you from the settlement or financial recovery in your case. If you do not win your case, they will not get paid.
Proving a birth asphyxia malpractice case generally requires working with a medical expert witness to prove:
- The expected standard of care
- What happened to cause the injury
- Your child’s complications related to the injury
- Your child’s prognosis and future needs
Most states require a medical expert witness to participate in this type of case, either by reviewing the medical records, submitting a sworn affidavit, or testifying in court. Your attorney will identify the expert for your case and take care of this process. If they can build a strong case showing your child was a victim of medical malpractice that caused their birth injury, your family could seek compensation that includes:
- Your child’s current medical bills and related expenses
- Your child’s future medical treatment, therapies, support, and care
- Ongoing care costs
- The time you missed at work due to your child’s injuries and care
- Out-of-pocket expenses
- Medical, assistive, and mobility devices
- Pain and suffering damages
- Emotional distress
- Other economic and non-economic losses related to their injury and care
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Call Our Team for Your Free Case Consultation Today
At the Birth Injury Lawyers Group, our team will discuss your child’s birth injury, complications, and prognosis with you today. We can evaluate your potential medical malpractice birth injury case and work with you to help you understand your options based on the facts of what happened. You may be able to develop a case against the doctor or hospital and recover compensation for your child’s care.
To get started today, call (800) 222-9529. Our team has someone standing by who can answer your questions and review your case for free today.
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