Lack Of Oxygen At Birth

The phrase “birth asphyxia” is one of the most terrifying and devastating phrases that new parents can possibly hear. 

Perinatal asphyxia or birth asphyxia — a lack of oxygen at birth — is a dangerous condition because it can deprive a newborn’s brain and vital organs of the oxygen they need to function properly. 

Oxygen deprivation at birth can lead to severe outcomes like brain damage, developmental delays, organ failure, or even death, as cells and tissues begin to die when deprived of oxygen for too long.

Prompt medical intervention and monitoring of the baby’s internal temperature, temporary life support, and breathing support is critical to minimize lasting harm.

Birth Injuries That Result From Oxygen Deprivation

Birth injuries resulting from oxygen deprivation can include:

• Cerebral Palsy. A condition that affects movement, muscle tone, and posture due to brain damage from oxygen deprivation.
• Hypoxic-Ischemic Encephalopathy (HIE). Brain dysfunction caused by insufficient oxygen, potentially leading to cognitive impairments or seizures.
• Developmental Delays. Cognitive, physical, or behavioral impairments may arise as a result of brain injury.
• Organ Damage. Oxygen deprivation can affect the heart, kidneys, or lungs, leading to long-term health complications.
• Periventricular Leukomalacia (PVL). Softening of white brain tissue due to lack of oxygen, increasing the risk of motor disorders.

These injuries can have lifelong impacts, depending on severity and duration of the deprivation.

Our Experience With Oxygen Deprivation At Birth Lawsuits

The Chicago Medical Malpractice Lawyers are a Chicago-based birth injury law firm specializing in medical malpractice with extensive experience representing clients in cases involving birth injuries, including injuries resulting from oxygen deprivation or lack of oxygen at birth.

Our birth injury lawyers in Chicago have successfully litigated numerous cases where patients suffered harm due to lack of oxygen or asphyxia during delivery, securing compensation for medical expenses, lost wages, and pain and suffering. 

Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for their clients’ rights. 

We focus on clients in Chicago, Illinois, and the surrounding areas. 

Some examples of medical malpractice cases we’ve handled include settlements of over $1,000,000.

Brain Damage in Babies Due to Lack of Oxygen

Causes of oxygen deprivation during birth can include but are not limited to:

• Umbilical Cord Complications. Cord prolapse, or when the cord slips into the birth canal before the baby, or cord compression, which restricts blood flow both can occur due to lack of oxygen.
• Placental Issues. These include placental abruption (premature detachment of the placenta) or placenta previa (where the placenta covers the cervix), both of which limit oxygen delivery.
• Prolonged Or Obstructed Labor. When delivery takes too long, it can reduce oxygen flow to the baby.
• Maternal Health Conditions. Issues like infections, high blood pressure, low blood pressure, or diabetes, which can affect oxygen supply to the fetus.
• Premature Birth. The lungs and cardiovascular systems of premature babies are often underdeveloped, making it harder for them to get enough oxygen.

These factors can interrupt oxygen flow to the baby during labor and delivery, requiring prompt medical intervention to prevent harm.

Perinatal Asphyxia Caused By Oxygen Deprivation During Delivery 

Asphyxia caused by oxygen deprivation during delivery, also known as perinatal or birth asphyxia, occurs when a baby doesn’t receive enough oxygen before, during, or immediately after birth.

This condition can be triggered by factors like:

• Prolonged Labor Or Difficult Delivery. When labor takes too long or involves complications, it can restrict the baby’s oxygen supply.
• Umbilical Cord Problems. Cord prolapse, knots, or compression can reduce or block oxygen flow to the baby.
• Blocked Airways. The baby’s airways may become obstructed by fluids like mucus or amniotic fluid, preventing normal breathing.
• Failure To Establish Breathing. After birth, a baby may struggle to start breathing on its own, leading to insufficient oxygen intake.

Asphyxia can cause brain damage, organ failure, or other severe cases & outcomes, depending on how long the oxygen deprivation lasts.

Symptoms Of Birth Asphyxia

Symptoms of birth asphyxia can vary in severity depending on the duration of oxygen deprivation.

Common signs include:

• Low Apgar Score. A low score (below 3) at 1 and 5 minutes after birth indicates poor breathing, muscle tone, or reflex response.
• Bluish Or Pale Skin. This may suggest a lack of oxygen in the blood.
• Weak Or Irregular Breathing. Difficulty breathing, gasping, or no breathing at all.
• Abnormal Heart Rate. A slow or irregular heartbeat may signal distress.
• Poor Muscle Tone. The baby may be limp or unresponsive.
• Seizures Or Convulsions. These may occur soon after birth if the baby’s brain is affected.

Immediate medical intervention is essential to minimize the risk of long-term complications.

Long Term Impact Of Lack Of Oxygen At Birth 

The long-term impacts of lack of oxygen at birth can be significant and vary depending on the severity and duration of the deprivation. Some potential effects include:

• Cerebral Palsy. Many children with a history of oxygen deprivation may develop this movement disorder, which affects muscle coordination and control.
• Cognitive Impairments. These can range from mild learning disabilities to more severe intellectual disabilities.
• Behavioral And Emotional Challenges. Children may experience difficulties with attention, anxiety, or social interactions.
• Developmental Delays. Delays in reaching milestones such as walking, talking, and self-care skills may occur.
• Epilepsy. Some children may develop seizure disorders as a result of brain injury from lack of oxygen.
• Sensory Processing Issues. Problems with processing sensory information, such as sounds, sights, and textures, can also arise.

These impacts may require ongoing therapy and support to help affected individuals reach their full potential.

Is A Birth Injury From Asphyxia Medical Malpractice?

Determining whether a birth injury from asphyxia constitutes medical malpractice involves evaluating several factors which must be present for legal action. 

• Standard Of Care. Medical professionals are expected to provide care that meets established standards. If they fail to recognize signs of distress or respond appropriately during labor and delivery, it may indicate negligence.
• Causation. It must be proven that the medical professional’s actions (or inactions) directly led to the asphyxia. For instance, if proper monitoring or timely intervention could have prevented the oxygen deprivation, it may constitute malpractice.
• Informed Consent. Parents should be informed about potential risks during delivery. If a healthcare provider fails to disclose risks associated with a particular procedure or method of delivery, it could also be a basis for malpractice.
• Documentation. Medical records play a critical role in malpractice cases. Thorough documentation of labor and delivery, including monitoring and interventions, can support or refute claims of negligence.

Definitions And Background Information On Oxygen Deprivation Birth Injury Lawsuits

1. What is newborn asphyxiation or lack of oxygen at birth?

Newborn asphyxiation, or too little oxygen at birth, occurs when a baby doesn’t receive enough oxygen during labor or delivery.

This can lead to brain damage, developing brain problems, inadequate blood flow, organ failure, or other serious health complications, and immediate medical intervention is critical to prevent long-term medical issues.

2. What are the risk factors for birth asphyxia or lack of oxygen at birth?

Risk factors for perinatal asphyxia include complications like prolonged or difficult labor, placental issues, umbilical cord issues, and maternal health conditions such as high blood pressure or infections.

Premature birth, low birth weight, and improper fetal positioning can also increase the likelihood of oxygen deprivation during delivery.

3. How long do you have to file a claim for birth asphyxia?

The time limit to file a claim for any kind of birth injury varies by jurisdiction but typically ranges from 1 to 3 years from the date of discovery of the injury or the date it reasonably should have been discovered.

In Illinois, the statute of limitations for filing a birth injury claim is typically within 8 years of the date of the injury, or before the child’s 22nd birthday, whichever is later.

4. Can you file a claim against a doctor for lack of oxygen at birth?

Yes, you can file a claim against a doctor for newborn asphyxia or a birth injury occurring due to lack of oxygen during childbirth if you believe that the injury resulted from the doctor’s negligence, failure to provide a standard level of care, or other wrongful actions or omissions during prenatal care, labor, or delivery.

5. Can you file a claim against your OB for lack of oxygen at birth?

Yes, it’s possible to file a claim against an obstetrician (OB) for this type of birth injury if there’s evidence of negligence or malpractice that led to the injury.

Asphyxia-related birth injuries can have long-lasting consequences for both the child and the family, so it’s important to seek legal advice if you believe negligence played a role. 

6. Can you file a claim against a hospital for lack of oxygen at birth?

Yes, you can file a claim against a hospital for a birth injury if you believe that oxygen deprivation at birth resulted from negligence, improper procedures, inadequate staffing, or other failures on the part of the hospital or its staff.

7. Can you file a claim against an emergency room for lack of oxygen at birth?

Filing a claim against an emergency room for oxygen deprivation that occurred during childbirth is less common but not impossible. 

If a pregnant woman or newborn receives negligent care or suffers harm due to medical errors in the emergency room during labor or delivery, it may be possible to pursue a claim for medical malpractice against the hospital and its staff, including emergency room personnel.

However, the specifics of the case would need to be carefully evaluated to determine liability and the viability of the claim.

8. Will a confirmed lack of oxygen at birth automatically lead to a valid legal claim against the health care provider?

A confirmed lack of oxygen at birth does not automatically guarantee a valid legal claim against the healthcare provider. 

While the injury is a crucial factor in a potential medical malpractice claim, establishing liability requires demonstrating that it resulted from the healthcare negligence.

9. Does Illinois apply any limits on medical malpractice damages?

Illinois does not have statutory limits or caps on medical malpractice damages, meaning there is no cap on the amount of compensation that can be awarded for economic or non-economic damages in medical malpractice cases. 

However, it’s essential to consult with a birth injury lawyer or check for any updates in the law prior to making a claim, as regulations can change over time.

10. How much compensation can I receive in a medical malpractice lawsuit for lack of oxygen at birth?

The amount of compensation you can receive in an oxygen deprivation birth injury lawsuit in Illinois and elsewhere varies widely depending on factors such as the severity of the injury, the long-term impact on the child and family, medical expenses, lost income, and pain and suffering. 

Birth injury settlements or jury awards can range from thousands to millions of dollars.

Consulting with a qualified attorney who specializes in birth injury cases in your area can provide a better estimate based on the specific circumstances of your case.

11. What to do if you think your child has experienced oxygen deprivation at birth?

If you or your child have suffered from any kind of birth injury including a lack of oxygen at birth, consider seeking a second opinion from another healthcare provider, gather all relevant medical records and documentation, and consult with a qualified medical malpractice attorney to explore your legal options.

12. How do you prove a lack of oxygen at birth occurred in a newborn?

Proving that such an injury occurred involves gathering medical records, consulting with medical experts, and conducting a thorough review of the circumstances surrounding the childbirth process. 

Medical evidence such as diagnostic tests, imaging studies, and expert testimony can help establish the extent of the injury and its likely cause. 

Documenting any deviations from the accepted standard of care, such as errors in medical judgment or failure to respond appropriately to complications during labor and delivery, is crucial in demonstrating medical negligence and establishing liability for any mild or moderate asphyxia or any kind of lack of oxygen deprivation at birth.

A medical malpractice and other healthcare providers will know if important treatments were required like therapeutic hypothermia for HIE, Extracorporeal membrane oxygenation (ECMO) for heart or lung failure as two examples.

13. When asphyxia is listed on an insurance claim​ form for childbirth, what will​ happen?

When any kind of injury is listed on an insurance claim form, the insurance company will typically review the claim to assess liability and determine coverage.

Depending on the circumstances, they may conduct their own investigation, request additional information or documentation, and may ultimately approve or deny the claim based on the terms of the policy and their assessment of the situation. 

If the claim is approved, the insurance company may provide compensation to cover medical expenses and other damages resulting from the injury, subject to the limits of the policy and any applicable deductibles or copays. 

If the claim is denied, the claimant may have the option to appeal the decision or pursue other avenues for seeking compensation, such as filing a lawsuit against the responsible parties.

The provider’s negligence or failure to meet the accepted standard of care.

A thorough investigation, supported by medical evidence and expert testimony, is necessary to establish the elements of medical malpractice and pursue a successful legal claim.

14. What are the long term impacts of oxygen deprivation at birth?

A lack of oxygen at birth can have lifelong consequences, impacting the child’s physical health, cognitive development, behavioral problems, and overall quality of life.

They may require ongoing medical care, rehabilitation, and support services.

15.  If I die or my child dies as a result of a lack of oxygen at birth, will the claim die as well?

If you or your child die as a result of a birth injury such as asphyxiation, your claim may transition to a wrongful death claim, allowing certain family members or beneficiaries to pursue legal action on your behalf.

16. How long do I have to file a lawsuit, and how long is it likely to take before I receive compensation?

The time limit to file a lawsuit for a lack of oxygen at birth or similar injury varies by jurisdiction, typically ranging from 1 to 6 years, while the duration to receive compensation can vary significantly depending on factors such as case complexity and negotiations, potentially taking months to several years.

In Illinois, the statute of limitations for filing any kind of birth injury claim is typically within 8 years of the date of the injury, or before the child’s 22nd birthday, whichever is later.

17. How often does lack of oxygen or perinatal asphyxia occur during childbirth per year?

The exact number of birth injuries per year can vary depending on various factors such as region, healthcare practices, and population demographics.

Birth injuries are relatively rare, occurring in a small percentage of births. 

In the United States and developed countries, for example, it’s estimated that some level of lack of oxygen or birth asphyxia occurs during 2 out of every 1,000 births, and approximately 25% of those cases result in permanent injury.

However, these figures can fluctuate over time and may be influenced by improvements in obstetric care, advances in medical technology, and efforts to reduce the risk of complications during childbirth.

18. My doctor caused oxygen deprivation to my newborn. Now what?

If you believe your doctor caused asphyxia or any other kind of birth injury, the first step is to seek immediate medical attention for your child to address any urgent medical needs.

It’s also essential to gather and organize all relevant medical records and documentation related to the childbirth process and the injury sustained. 

Next, consult with a qualified attorney experienced in medical malpractice and birth injury (ideally specifically oxygen deprivation injuries in newborns) cases in your jurisdiction to discuss your legal options. 

Your attorney can help you understand your rights, navigate the legal process, and pursue compensation for the damages incurred as a result of the birth injury, including medical expenses, pain and suffering, and other losses.

19. Can you file a claim for lack of oxygen at birth?

Yes, you can file a claim for oxygen deprivation at birth if you believe that the injury resulted from medical negligence or malpractice during prenatal care, labor, or delivery.

Filing a claim allows you to seek compensation for the damages incurred as a result of this type of birth injury, including medical expenses, pain and suffering, and other losses. 

It’s advisable to consult with a qualified attorney experienced in medical malpractice and birth injury cases in your area to understand your legal rights and options for pursuing a claim.

Find Out If You Have An Oxygen Deprivation At Birth Case In Chicago, Illinois

Do you think you have a medical malpractice case based on a lack of oxygen at birth that occurred in Illinois?

If you are located in Chicago or the surrounding areas, contact the Chicago Medical Malpractice Lawyers today.