A Baby’s Lack of Oxygen at Birth: Hypoxia and Asphyxia in Newborns and What to Do

Asphyxia and hypoxia in babies at birth occur when a child does not receive sufficient oxygen and/or blood flow. It may happen before, during, or immediately after birth. While some cases of sudden birth asphyxia in newborn babies are unpreventable, others could have been avoided if the medical professionals attending the birth had taken appropriate action.

If your baby suffered a lack of oxygen to the brain during pregnancy or delivery it may have been a result of medical malpractice. At Oresky & Associates, PLLC, our NYC birth injury lawyers, including firms that are co-counsels in malpractice cases, hold negligent doctors,  nurses, or midwives accountable. We recover economic and non-economic damages to help our clients care for their children.

Hypoxia and Asphyxia in Newborn Babies: What These Diagnoses Mean

The terms “asphyxia” and “hypoxia” are often used interchangeably, but they mean different things:

• Perinatal asphyxia, according to the National Center for Biotechnology Information (NCBI), refers to the disruption of oxygen or blood flow to or from the fetus before, during, or after birth.
• Hypoxia is a potential consequence of asphyxia. Hypoxia refers to a partial lack of oxygen to the brain and organs.
• Anoxia is also a potential consequence of asphyxia. Anoxia refers to a complete lack of oxygen to the brain and organs.
• Hypoxic-ischemic encephalopathy (HIE) is a condition marked by neurological damage due to perinatal asphyxia.

Lack of blood and oxygen flow before, during, or after birth can lead to catastrophic outcomes.

Hypoxia and Asphyxia Dangers to Babies: Consequences of Oxygen Deprivation at Birth

The consequences of babies born with lack of oxygen can be devastating. According to the National Institute of Neurological Disorders and Stroke (NINDS), these consequences may include:

• Problems with the heart, lungs, liver, and/or kidneys
• Cerebral palsy
• Learning or intellectual disabilities
• Epilepsy
• Developmental disabilities or delays

Each of these conditions may require extensive, lifelong treatment and accommodations. In the most severe cases, a baby’s lack of oxygen can lead to infant mortality.

Family members of injured newborns also face significant consequences, including the emotional toll of a traumatic birth with long-term health effects and the financial expense of the child’s care. Some parents must quit their jobs to care for their children.

Lack of Oxygen at Birth Statistics

The NCBI states that birth asphyxia occurs in about two of every 1,000 births in “high-resource countries.” NINDS states that certain preexisting medical conditions in either the parent or the child, such as infections, increase the risk of hypoxia.

Up to 20 percent of babies with birth asphyxia tragically do not survive. Of the children that do survive, a quarter suffer “permanent neurologic deficits.”

Causes of Asphyxia in Newborn Babies

Asphyxia and HIE may be caused by:

• Birth defects
• Shock or sepsis in the parent
• Infection in either parent or child
• Problems with the uterus or placenta
• Problems with the umbilical cord (e.g., if it wraps around the child’s neck)
• Birth complications (e.g., if the child gets stuck for a prolonged period)
• Head trauma to the child
• Preeclampsia
• Very premature birth

It is your medical provider’s job to be aware of these risk factors and to act quickly at the first signs of lack of oxygen in your baby. If they failed to do so, then your baby’s hypoxia at birth may be due to medical malpractice. Examples of malpractice that can cause hypoxia include:

• Failure to adequately address parental risk factors
• Failure to act quickly enough when the parent or child shows signs of distress
• Failure to accurately diagnose the child’s condition, resulting in delayed or inappropriate intervention or treatment

Symptoms of Lack of Oxygen in Babies

According to NINDS and NCBI, if your child experiences a lack of oxygen, the baby’s symptoms may include:

• Metabolic acidosis (an electrolyte imbalance)
• Organ failure
• Low muscle tone
• Poor reflexes
• Trouble sucking
• Low heart rate
• Bluish skin
• Trouble breathing
• Seizures

It is important to note that a baby’s lack of oxygen signs may differ from symptoms of asphyxia or hypoxia in adults. Seizures in newborns, as the NCBI explains, often present as unusual eye movements, lip smacking, crying, and repetitive limb movements.

Get Justice for Your Newborn

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free consultation and representation for your newborn. We have recovered $500 million in settlements and verdicts for our clients.

Free Consultation

What to Do If Your Child Suffered From Lack of Oxygen at Birth

Birth asphyxia in newborn babies is a severe, life-threatening condition, so it is vital that healthcare professionals act quickly to mitigate its effects. If your child suffered injuries due to asphyxia at birth, seek competent medical care. Your family may also qualify to pursue legal action and recover damages to provide for your child’s ongoing needs. Our birth injury attorneys recommend that you:

Seek Immediate Medical Attention

The moment you suspect something is wrong, tell the doctor or nurse. If your providers fail to take action or address your concerns, be persistent or find another provider as soon as possible. Once you find a provider who will treat your child, follow all their instructions and stay in communication with them about your child’s condition.

Continue to bring your child to providers and specialists you trust. These professionals can diagnose and treat HIE and any conditions, such as epilepsy, that result from it.

Consult with a Legal Professional

The birth injury lawyers at our New York law firm will answer your questions and make sure you have all the information you need to make legal decisions. As your advocate, we will fight to hold negligent medical professionals and facilities liable for the damage they have caused your child.

Document Everything

Take notes on your labor and delivery experience, as well as post-delivery observations and events. For example, detailed descriptions of the difficulties your child is having can help establish negligence and liability.

You can also take photos of your child to document physical symptoms, such as blue skin color, and save all medical documentation, including bills and test results, that you receive.

Legal Options After a Baby Experiences Lack of Oxygen at Birth

You have various legal options for seeking justice and financial compensation after a birth injury:

• Our attorneys can file a medical malpractice lawsuit against all negligent providers and/or healthcare institutions. Medical negligence involves more than a mistake. It occurs when a medical professional does not provide the accepted standard of care and harms a patient as a result.
• If a child tragically passed away dies due to lack of oxygen, we will help file a wrongful death claim/lawsuit. Your family may pursue damages for the child’s suffering, medical expenses, and funeral expenses.

We manage all legal tasks while you focus on taking care of your family.

What Damages Can You Recover in a Birth Injury Case?

Families affected by newborn hypoxia or asphyxia may be entitled to economic damages and non-economic damages, including:

• The child’s past and future pain and suffering
• Loss of enjoyment of life
• Permanent disabilities and brain damage
• Medical and hospital bills and expenses
• Expenses for care facilities, required home accommodations
• Home health aides
• The parent(s)’ and child’s past and future loss of earnings

The negligent provider’s insurance company will pay for these losses, but only if compelled to do so by strong evidence or a jury decision. Our New York birth injury lawyers will fight for the money you need.

How Our Medical Malpractice Attorneys Can Help If Baby Suffered from Birth Asphyxia

If your baby’s asphyxia was caused by a negligent medical professional, our personal injury attorneys will do everything in our power to get justice, including:

• Thoroughly investigating the incident
• Diligently collecting relevant evidence
• Consulting with medical and financial experts
• Fiercely negotiating for proper compensation
• Fighting for you at trial

With our legal representatives working for you, you will be able to look after your family without worrying about how to get a just settlement from an insurance company or a medical provider who denies liability. We are here to answer client questions 24/7.

Call Now for a Free Consultation

Contact Oresky & Associates, PLLC, at (718) 993-9999 for a free, confidential consultation today. Our attorneys are ready to start protecting your rights.

Get Help After a Birth Injury

Hypoxia in babies at birth is often avoidable with proper treatment. When medical professionals fail your child by not providing the expected standard of care, your family deserves justice through compensation.

The medical malpractice attorneys on our team are ready to take the time to listen and assess your case. Call Oresky & Associates, PLLC, for a free consultation with a law firm that has spent over 30 years providing clear and honest legal advice to families like yours. You can reach us anytime at (718) 993-9999.