How Does Medical Malpractice Cause Brain Damage During Childbirth?

Expectant parents are often overjoyed at the possibilities that await their new child. Life is full of promise, and their expectations are great as they prepare to grow their family. So when they are told that their new baby is suffering from brain damage that occurred during delivery, it is devastating. Hopeful expectations are replaced with grief and fear for the health and future of their child.

Two types of injuries generally cause infant brain damage resulting from complications at birth. The first is a brain injury that is caused by a deprivation of oxygen, known as perinatal asphyxia or hypoxic-ischemic encephalopathy. The second is physical brain trauma injury that causes severe hemorrhaging, or bleeding, in the brain.

Though these two types of traumatic brain injuries can occur through the fault of no one, there are times that the injuries are the result of the negligence or medical error of doctors, medical professionals, or defective delivery room equipment. When that occurs, it’s important for parents to have medical records reviewed by an experienced birth injury attorney to determine whether they could be entitled to compensation for their financial and emotional losses in a medical malpractice claim.

When Brain Damage At Birth Is Caused by Oxygen Deprivation

When the supply of oxygen is somehow slowed or hindered during labor and delivery, brain damage can happen. There are several ways that this can happen, many of which are preventable when healthcare providers properly monitor the baby for fetal distress. Some of the more common situations that can cause oxygen deprivation and newborn brain injury during the birthing process are:

• Breech positioning of the baby
• Prolapsed umbilical cord (when the umbilical cord is delivered before the baby)
• Compressed or twisted umbilical cord during birth
• Undiagnosed or improperly treated infection in the mother before or during birth
• Placenta that becomes unattached (partially or totally) before birth
• Uterine rupture
• Baby too large to go through the birth canal
• Improper administration of epidural medication
• Failure to perform a C-section promptly

Severe brain damage caused by a lack of oxygen can lead to many long-lasting injuries, disabilities, and conditions, including cerebral palsy. Some of these conditions can be lifelong and can involve intellectual disabilities, developmental delays, and other complications that require a lifetime of care.

When Baby's Brain Damage Is Caused by Hemorrhage

Bleeding in the brain is most common in premature births. It occurs when there is insufficient blood flow to the brain (ischemia) or a lack of oxygen in the blood (hypoxia). It is often undetected in newborns because they don’t exhibit symptoms frequently. Newborns with this type of hemorrhage may seem lethargic or not want to feed, both of which are sometimes explained with an incorrect diagnosis. Several types of brain hemorrhages may occur:

Subdural hemorrhage – This type of hemorrhage occurs between the inner and outer layers of the covering of the brain. It can cause increased pressure to the surface of the brain, and lead to seizures or increased levels of bilirubin in the blood.

Subarachnoid hemorrhage – This type of hemorrhage occurs below the two deepest membranes of the brain. Infants may have seizures with this type of hemorrhage during their first few days, but they tend to recover and thrive as they get older.

Intraventricular hemorrhage – This type of hemorrhage happens in the brain’s normal fluid-filled spaces (ventricles). It typically happens to very premature babies and isn’t usually the result of a brain injury.

Intraparenchymal hemorrhage – This type of hemorrhage occurs in the brain tissue itself. Like intraventricular hemorrhages, intraparenchymal hemorrhages usually affect very premature babies and isn’t typically the result of a brain injury.

How Do You Prove Medical Negligence In Birth Injury Lawsuit?

Cases of birth injury that are caused by medical errors or carelessness are considered medical malpractice and medical negligence. Proving medical negligence is more than simply demonstrating that something went wrong during labor or delivery. Rather, each medical malpractice case must prove the following:

1. That the medical professional’s conduct (action or inaction) violated or fell short of the accepted standard of care.
2. That the breach of the standard of care caused the child's birth injury.
3. That there were damages that resulted from the injury.

Medical malpractice cases, especially those that go to trial, almost always require the testimony of expert witnesses with experience in the medical field.

See an Experienced Birth Injury Attorney For Your Case

If your child suffered brain damage at birth and you believe that medical malpractice is to blame, it’s crucial that you seek the guidance of an experienced birth injury attorney to investigate and evaluate your case. You may be entitled to compensation for the damages your family has suffered in the past and those you will incur in the future due to your child's birth injury.

At Ross Feller Casey, we have a team of doctors who understand birth injuries to assist our lawyers with cases involving brain injury. They review medical records to see if and how medical professionals caused your child's brain injury.

The attorneys at Ross Feller Casey have an unmatched record of winning multimillion-dollar birth injury cases in Philadelphia, throughout Pennsylvania, and beyond. Contact us for your free case evaluation, and we will help you determine if you have a medical malpractice lawsuit.