Baltimore Hypoxic Brain Injury Attorney

Human beings at all stages of life need oxygen to stay alive. Because infants are most vulnerable during the childbirth process, doctors and OB-GYNs must take special care to preserve the baby’s oxygen supply before, during, and after birth. It’s also important for attending medical professionals to carefully monitor the baby’s vital signs. When the body’s tissues are deprived of oxygen for even a few minutes, the baby may suffer a hypoxic event, leading to serious brain damage, disabilities, and complications down the line.

Some of the most common problems caused by hypoxia during birth:

• Cerebral palsy (CP) and motor disorders
• Cognitive deficiencies and mental disorders
• Hypoxic ischemic encephalopathy (HIE)
• Epilepsy
• Behavioral disorders

Not all instances of hypoxia will result in life-altering disabilities and disorders. The extent of the brain damage will depend on several factors, including the duration of the hypoxic event – and the speed with which doctors recognize and remedy it. This means that severe hypoxia is largely preventable if your doctor exercises the appropriate level of medical care and attention during birth, as well as in the 48 hours after birth.

What Causes Hypoxia in Infants?

Typical causes of hypoxia during birth include:

• Shoulder dystocia
• Poor placement of the infant’s body in the birth canal
• Umbilical cord strangulation
• Delayed and/or prolonged labor process
• Placental abruption
• Maternal infection and sepsis
• Delayed C-section

Hypoxia is also more common when the mother has certain pre-existing conditions or illnesses, so doctors and OB-GYNs must take this medical history into consideration going into labor. If the pregnancy is classified as “high risk,” your medical team should be on high alert for signs of hypoxia in the infant.

Can I Sue for a Hypoxic Brain Injury?

A civil lawsuit could be an option if another party’s actions led to your or your loved one’s hypoxic brain injury. If the case is successful, it could result in a monetary award. To succeed with a hypoxic brain jury lawsuit, you must establish that an act of negligence resulted in the condition. 

Making a case for negligence does not require you to prove that a doctor, nurse, or hospital administrator directly caused the injury. Instead, you need only show that the medical professional could have done more to protect their patient. If the doctor failed to recognize obvious signs that something was wrong, they could be on the hook for any damages you have suffered. 

Many hypoxic brain injuries occur at birth. Newborns cannot pursue a civil lawsuit, so their parents must file one on their behalf. Alternatively, a minor could file a lawsuit up to three years after reaching age 18.