Experts have long known that babies born with insufficient oxygen can suffer lasting injuries. A study from Ireland suggests that even a mild amount of oxygen deprivation creates an increased risk of developmental delays and can have lasting effects on infants.
The study, published by the University College Cork, investigated 60 infants who experienced hypoxic-ischaemic-encephalopathy, or HIE, a condition in which the baby’s brain doesn’t have enough oxygen around the time of birth. The study specifically investigated the long-term effects of mild or moderate asphyxia on infants, highlighting the importance of recognizing varying degrees of asphyxia severity.
What is Birth Asphyxia?
Birth asphyxia, also known as perinatal asphyxia, is a serious condition that occurs when a baby is deprived of oxygen before, during, or immediately after birth. This deprivation can result from various factors, including poor blood flow to the baby, complications with the umbilical cord, or certain maternal medical conditions. When a baby doesn’t receive enough oxygen, it can lead to brain injury, disability, or even death. Prompt medical intervention is crucial to minimize the potential long-term effects of birth asphyxia.
What Causes a Mild Lack of Oxygen at Birth?
The American College of Obstetricians and Gynecologists estimates that four percent of babies suffer from insufficient oxygen at birth, though some studies have placed the number as high as 23 percent. Many factors can cause a baby to have insufficient oxygen. Some of the most common are:
- Not enough oxygen in the mother’s blood, highlighting the critical role of the mother’s blood and proper blood flow in delivering essential oxygen and nutrients to the baby
- The placenta separates from the uterus too soon
- Infection
- Problems with the umbilical cord during delivery, such as a prolapsed cord or a cord around the baby’s neck
- A very long or difficult delivery
- The baby’s airway is blocked
- The mother has high or low blood pressure
- Negligence or a mistake on the part of doctors or hospital staff in failing to anticipate complications in a birth
These causes are considered significant risk factors for oxygen deprivation at birth.
All of these things can constitute medical malpractice. Although not every delivery goes smoothly, medical professionals must anticipate complications and act accordingly.
Symptoms of Oxygen Deprivation at Birth
The symptoms of oxygen deprivation at birth can vary widely depending on the severity of the condition. In cases of mild oxygen deprivation, symptoms may not be immediately apparent. However, more severe cases can present with several alarming signs, including:
- Fetal distress, which can be detected through abnormal fetal heart rate or movement
- Low Apgar scores, indicating poor overall health at birth
- Respiratory distress, where the baby struggles to breathe
- Cardiac problems, such as irregular heartbeats
- Neurological issues, including seizures or abnormal muscle tone
- Developmental delays, which may become evident as the child grows
Recognizing these symptoms early is vital for initiating appropriate treatment and improving outcomes for affected infants.
What Can Oxygen Deprivation at Birth Cause?
The lasting effects of insufficient oxygen (“born blue”) depend on how long the baby was without oxygen and how quickly treatment was started. Babies can suffer cell damage right away. Additional damage can occur because of toxins released from damaged cells after the flow of oxygen and blood to the brain is restored. Oxygen deprivation at birth can lead to cells not working properly, particularly in the baby’s brain, which can result in brain injury and other severe disabilities such as cerebral palsy, learning disabilities, and epilepsy.
Per Newborn and Infant Nursing Review, HIE can result in:
- The journal notes that 40 to 60 percent of infants with HIE do not live past their second year of life.
- Severe disabilities. Affected children can suffer brain cell death, cerebral palsy, epilepsy, and intellectual deficits.
- A lack of mobility. Cerebral palsy, epilepsy, and nerve damage can impact a child’s ability to move independently. They might also suffer muscle spasms throughout their lifetime.
- Mental health complications. The struggle of living with a permanent disability can take a toll on your child’s mental health. Per JAMA Neurology, children who suffer from cerebral palsy (but not an intellectual disability) are at an increased risk of anxiety and depression in the future.
A birth injury claim is not easy, both because of the severe long-term effects and the legal aspects of the case. It’s important to contact the experienced attorneys at the Law Office of Cohen & Jaffe, LLP to ensure you have the best chance at recovering fair compensation for your child.
Grades of Hypoxic-Ischemic Encephalopathy (HIE)
Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury that results from oxygen deprivation. It is classified into three grades based on the severity of the condition: mild, moderate, and severe.
Mild HIE
Mild HIE is characterized by:
- Mild oxygen deprivation
- No or minimal brain damage
- Normal or near-normal Apgar scores
- No or minimal neurological symptoms
- A good prognosis for recovery, with most children experiencing normal development
Moderate to Severe HIE
Moderate to severe HIE involves:
- Significant oxygen deprivation
- Moderate to severe brain damage
- Low Apgar scores
- Severe neurological symptoms, such as seizures, coma, or respiratory failure
- A poor prognosis for recovery, with a high risk of long-term disabilities, including cerebral palsy, developmental delays, and learning disabilities
The severity of HIE can vary depending on how long and how severely the baby was deprived of oxygen. Prompt treatment, such as therapeutic hypothermia, can help reduce the extent of brain damage and improve the chances of a better outcome.
HIE Can Cause Lifelong Cognitive Problems and Brain Injury
The study from University College Cork found that HIE can permanently alter a child’s ability to think rationally and process information. The doctors recorded the brain waves of the babies at birth and over the course of the next five years. They found that subtle learning deficiencies were common in children who had suffered both moderate and mild HIE.
About 18-20 percent of the children who suffered mild HIE at birth had learning or behavioral difficulties at age five, including speech delays, autism, attention deficit disorder (ADD), and dyspraxia. In addition, moderate and mild cases of HIE were linked to overall lower IQ scores, poorer memory, and decreased processing speeds.
Therapeutic Hypothermia and Other Treatment Options for Children Suffering From HIE
Currently, babies who suffer moderate HIE are treated with therapeutic hypothermia, also known as a cooling chamber. This treatment specifically aims to lower the baby’s internal body temperature to 33.5 degrees Celsius (89.6 degrees Fahrenheit) for 72 hours after birth as a measure to protect the baby’s brain from damage during the second stage of asphyxia. The chamber uses a special cap, blanket, or mattress for this purpose. Babies who suffer mild HIE are not typically placed in a cooling chamber.
To treat birth asphyxia, advanced treatment options may include the use of a breathing tube to assist with breathing. For newborns with severe asphyxia, advanced treatment options may include the use of a breathing tube to assist with breathing, providing high-frequency ventilation, and inhaled nitric oxide. In some cases, extracorporeal life support (ECLS), which involves using a heart-lung pump, may also include a breathing tube to provide temporary life support.
The study’s authors believe that some children who suffer mild HIE could benefit from the cooling chamber treatment or from repeated follow-up and assessment during early childhood. The goal of this procedure is to slow the death of brain cells, although this procedure isn’t exactly reliable, per the National Institutes of Health (NIH).
Who Is Responsible When a Child Suffers HIE?
These parties could bear some or all of the blame if a child suffers birth injuries such as HIE at birth:
A Doctor
Healthcare providers are responsible for monitoring fetal distress, anticipating high birth weight, and navigating other potential issues. If they anticipate that a child will have issues leaving the birth canal without oxygen deprivation, then they should consider how a C-section could benefit their patients.
The Hospital
Some doctors operate under the purview of a medical facility. If the facility did not have procedures in place for this situation or did not provide the doctor with the tools to do their job, they could be held accountable.
A Nurse
Nurses are responsible for notifying doctors when something goes wrong. They are sometimes also responsible for checking monitors and gauging fetal distress. If they don’t do these tasks, then the doctor might not have enough information to do their job.
What Can You Do if Your Child Has HIE?
Caring for a child who suffers from HIE depends largely on how the condition affects them. If your child has a learning disability because of their condition, then you can support them by finding a private tutor, enriching their interests, and enrolling them in extracurricular activities. If your child has reduced mobility, then they could benefit from some forms of physical therapy. In cases of severe birth asphyxia, more intensive medical interventions may be required to support the child’s development.
Talk to your child’s pediatrician about how you can help them navigate their life. They can give you recommendations based on your child’s physical and cognitive abilities.
You Have Legal Options if Your Child Suffered Mild Oxygen Deprivation at Birth
If your child suffered HIE at birth, you could have the basis of a medical malpractice team. With our firm’s help, you could seek compensation for your child’s healthcare expenses, your lost wages, and other damages. We can build your case in accordance with how Clinical Orthopaedics and Related Research defines negligence in medical malpractice cases:
- A medical professional has an obligation to provide you with their field’s standard of care
- The medical professional failed to uphold this obligation, providing care that fell short of their field’s accepted standards
- You suffered injuries
- You suffered losses
Conditions like blue baby syndrome, which result from oxygen deprivation, can also be grounds for a medical malpractice claim.
Your family deserves fair compensation to help cope with the long-term health complications of these severe cases; at the Law Office of Cohen & Jaffe, LLP we are committed to helping families successfully navigate their birth injury claims.
The Law Office of Cohen & Jaffe, LLP Can Help Prove Your Case
Oxygen deprivation at birth can happen for a lot of reasons. However, sometimes, it’s due to the negligence of a healthcare provider. If your child suffered a preventable injury during birth at the hands of a negligent doctor or nurse, our Long Island medical malpractice attorneys may be able to help.
Our team at the Law Office of Cohen & Jaffe, LLP has an in-depth understanding of the impairments oxygen deprivation at birth can cause. To learn more about your options in a free consultation, call (866) 878-6774 or complete our contact form. You can also visit our Law Office of Cohen & Jaffe, LLP YouTube channel to learn more about medical malpractice.
Q&A
What is severe birth asphyxia and how does it affect a baby’s body?
Severe birth asphyxia occurs when a baby experiences a significant lack of oxygen at birth, leading to issues like brain damage, developmental delays, and physical disabilities due to inadequate blood flow and low oxygen levels in the body.
How is blue baby syndrome related to oxygen deprivation at birth?
Blue baby syndrome occurs when low oxygen levels in the baby’s body cause a bluish tint to the skin. It often results from complications like blocked airways or poor blood flow, which can stem from birth asphyxia.
What role does blood flow play in oxygen deprivation at birth?
Inadequate blood flow reduces the delivery of oxygen and nutrients to the baby, potentially causing conditions like severe birth asphyxia or hypoxic-ischemic encephalopathy, which can lead to lasting health issues like learning disabilities.
How can fair compensation help families of children affected by birth asphyxia?
Fair compensation can cover medical expenses, therapies, and other costs associated with managing the long-term effects of oxygen deprivation, enabling families to provide better care for their child’s unique needs.
Can an attorney help if medical negligence led to oxygen deprivation during birth?
Yes, an experienced attorney can investigate the cause, gather evidence, and seek compensation to support families dealing with the effects of conditions like blue baby syndrome or severe birth asphyxia.
