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Lack of Oxygen at Birth in Maryland: Legal Implications, Causes & More

Posted by Frank Spector | Nov 27, 2024 | 0 Comments

If your baby experienced a lack of oxygen at birth, it can be a traumatic and life-altering event for your family. In Maryland, birth asphyxia and other birth-related complications are serious concerns, and in 2021, birth asphyxia and intrauterine hypoxia were the 10th leading cause of infant death in the United States

If your child has been affected, there may be legal options available to help you seek justice. Consulting with Baltimore birth injury lawyers from our firm can provide you with the guidance you need to understand your rights and pursue the compensation your family deserves.

If your child suffered an injury caused by a lack of sufficient oxygen at birth, it's essential to act now. Reach out to our Baltimore birth asphyxia attorney to explore the legal implications and seek justice for the harm caused.

Recovering damages for a baby not breathing at birth

When a baby can't breathe at birth, the effects can be serious and long-lasting. Some children may develop brain damage, cerebral palsy, or delays in their development, often needing ongoing medical care, therapy, and support. 

These challenges don't just affect the child—they create emotional and financial strain for the whole family. Understandably, many parents look for accountability to get justice and the financial help they need to care for their child.

Foundation of Medical Negligence Claims Under Maryland Law

  • Standard of care: To prove medical negligence, it must be shown that the healthcare provider failed to meet the standard of care expected of a competent professional in the same field and under similar circumstances. This involves comparing their actions to what a reasonable practitioner would have done.
  • Role of experts: Experts play a key role in these cases. They help explain what the standard of care should have been, show how the provider failed to meet it and connect that failure to the baby's injury.

Elements Plaintiffs Must Establish

Families pursuing a medical negligence claim must prove the following:

  • The healthcare provider owed a duty of care to the mother and baby.
  • The provider breached that duty through negligent actions or omissions.
  • The breach directly caused the child's injury, which would not have occurred otherwise.

We take on the responsibility of gathering evidence, consulting medical malpractice experts, and demonstrating these elements to fight for justice on behalf of affected families.

Types of Damages Families May Recover

  • Economic damages: Families can seek compensation for medical bills, ongoing care, rehabilitation, and any special equipment or accommodations their child may need.
  • Non-economic damages: These cover the emotional pain, suffering, and stress the child and parents experience due to the injury. They aim to recognize the personal toll of such a traumatic event.

Getting justice for a baby's birth injury requires strong evidence, expert support, and experienced legal guidance. We're here to help families hold negligent healthcare providers accountable and secure the financial support they need to give their child the best possible future.

Reach out for expert legal guidance

If your child has suffered from a birth injury, we're here to help. Our experienced team offers tailored legal advice and is dedicated to securing the justice and compensation your family deserves.

Contact our birth injury attorneys today for a free consultation to discuss the details of your personal injury case and explore your options:

  • Call our personal injury lawyers at 443-845-1456, or
  • Reach out by entering your information here.

A lack of oxygen at birth may cause serious injuries with lasting effects. Call us today and our experienced Baltimore birth asphyxia lawyer can help you understand your legal options.

Babies born blue long-term effects

Babies born blue can experience various long-term health challenges as a result of oxygen deprivation during birth. Some effects of oxygen deprivation may include:

  • Acrocyanosis: This is a common condition where a baby's hands and feet appear blue due to insufficient blood flow, though it usually resolves on its own. However, severe or prolonged acrocyanosis can indicate deeper circulation issues.
  • Attention Deficit Hyperactivity Disorder (ADHD): Oxygen deprivation at birth can sometimes affect brain function, leading to behavioral challenges later on, such as trouble focusing and hyperactivity.
  • Autism: There is some evidence suggesting a link between birth complications, such as oxygen deprivation, and an increased risk of developing autism spectrum disorder (ASD).
  • Behavioral problems: Babies who experience a lack of oxygen during birth may face emotional and behavioral difficulties as they grow, affecting their interactions and response to stress.
  • Brain damage: Insufficient oxygen can result in brain injury, which may lead to cognitive and motor issues. Severe cases can cause lasting brain damage and developmental delays.
  • Cerebral palsy: Oxygen deprivation is one of the leading causes of cerebral palsy, a disorder that affects movement, muscle coordination, and posture.
  • Cyanosis: Cyanosis, characterized by a bluish tint to the skin, can indicate that a baby isn't getting enough oxygen. While some cases resolve quickly, it can lead to more serious conditions if untreated.
  • Delayed development: Babies who experience oxygen deprivation at birth are at higher risk for developmental delays, including delays in motor skills, speech, and cognitive abilities.
  • Epilepsy & seizures: Lack of oxygen can increase the risk of seizures and epilepsy, which may require ongoing treatment and management throughout childhood.
  • Intellectual disabilities: Oxygen deprivation may lead to intellectual disabilities, affecting a child's ability to learn and function independently.
  • Learning disabilities: Children who experience birth-related oxygen deprivation may face learning challenges, impacting their academic performance and ability to grasp new concepts.
  • Permanent organ damage: Oxygen deprivation can cause permanent damage to vital organs like the brain, heart, and lungs, leading to long-term health issues that require constant medical attention.
  • Vision impairment: Oxygen deprivation can also lead to vision issues, including blindness or partial sight, due to damage to the optic nerve or other parts of the eye.

Harm caused by resuscitation errors

While most babies begin breathing on their own at birth, some infants need resuscitation due to complications such as preterm delivery, multiple births, or placenta previa. 

Common mistakes, such as poor intubation technique, over-ventilation, or aggressive chest compressions, can lead to critical issues that may result in lifelong harm.

Some of the potential risks include:

  • Oxygen deprivation: If the baby doesn't get enough oxygen, it can cause brain damage or other long-term neurological issues, affecting their development, movement, and learning.
  • Heart damage: Incorrect techniques such as wrong chest compressions or not getting enough blood to the heart can harm the baby's heart, leading to health problems that might need ongoing care.
  • Other physical injuries: Aggressive techniques or improper handling during resuscitation can also cause physical damage to the baby's lungs, ribs, or other vital organs, leading to long-term health challenges.

These kinds of errors can have lasting effects on the baby's health and quality of life. When something goes wrong during resuscitation, families are left to cope with the emotional and financial challenges of raising a child who may need long-term care.

What causes a lack of oxygen to the baby during pregnancy or childbirth

A lack of oxygen during pregnancy or childbirth can occur due to a variety of complications. These issues may include:

  • A blockage in the baby's airway 
  • Abnormal maternal blood pressure (either too high or too low)
  • Complications during delivery 
  • Compression of the umbilical cord 
  • Eclampsia / Preeclampsia 
  • Fetal anemia 
  • Infections 
  • Inadequate oxygen in the mother's blood 
  • Improper medication of the mother 
  • In-utero trauma 
  • Placental abruption 
  • Placental insufficiency
  • Prolapsed umbilical cord 
  • Shoulder dystocia 
  • Umbilical cord knots or tightness 
  • Uterine rupture 

Signs of a lack of oxygen at birth for a baby

When a baby experiences a lack of oxygen at birth, there are several signs that healthcare providers look for to assess the severity of the situation. These signs may include:

  • Acidosis: Excess acid in the blood, which can result from a lack of oxygen.
  • Amniotic fluid: The presence of meconium (the baby's first stool) in the amniotic fluid, can indicate stress during labor.
  • Apgar score: A low Apgar score, which is a rating system used by healthcare professionals to measure a newborn's health.
  • Breathing: Abnormal breathing, weak breathing, or no breathing at all.
  • Decreased muscle activity: Reduced or absent movement, such as lack of normal reflexes or weak limb movements.
  • Dilated pupils: Abnormally large or unresponsive pupils that do not constrict in response to light.
  • Excessive crying or no crying: A baby who either cries excessively due to discomfort or does not cry at all may be in distress.
  • Excessive drooling: Unexplained excessive salivation can indicate difficulty swallowing or airway distress.
  • Flaccid posture: A limp or floppy body, which can signal low oxygen levels or neurological impairment.
  • Grunting sounds: A baby making grunting noises while breathing, which can indicate respiratory distress or trouble absorbing oxygen.
  • Heart rate: Low heart rate or abnormal heart rate or rhythm.
  • Jaundice: Yellowing of the skin or eyes, which can sometimes be linked to oxygen deprivation and liver function issues.
  • Lethargy: Infant fatigue or unusual drowsiness.
  • Muscle tone: Poor muscle tone or floppy body.
  • Problems with blood clotting: Difficulty with normal blood clotting due to oxygen deprivation.
  • Seizures: Infant seizures, can result from a lack of oxygen to the brain.
  • Signs of inadequate blood circulation: Such as cool or pale skin, poor capillary refill, or weak pulse.
  • Skin color: Bluish, gray, or paler than normal skin color.
  • Urinary problems: Baby does not urinate or has very little urine output.
  • Weak feeding: Difficulty latching on or sucking, which may indicate weakness from oxygen deprivation or other complications.

These signs should be immediately addressed by medical professionals to minimize the risk of long-term complications caused by oxygen deprivation.

Contact our Baltimore birth asphyxia lawyer to discuss your case. We will help you pursue justice and secure the support your family needs.

You talk, I listen: Reach out today for a free consultation

If you're worried about your newborn or how birth complications may have affected them, we're here to listen. Our birth injury lawyers know how tough this can be, and we're ready to offer the support and guidance you need.

Get in touch today at 443-845-1456 for a free consultation, where you can talk about what happened, and we'll go over your options to help you move forward.

FAQs

How long can a baby go without oxygen?

A baby can survive for about 5 to 10 minutes without oxygen before serious damage occurs. The severity depends on how long the baby is deprived of oxygen. Quick medical help can improve the chances of a better outcome, but long periods without oxygen can lead to brain or organ damage. 

How long can a baby go without oxygen before brain damage?

Brain damage can start after just 3 to 5 minutes of oxygen deprivation in newborns, as the brain is highly sensitive to a lack of oxygen. The longer the baby goes without oxygen, the worse the damage can be. Rapid intervention is essential to reduce the risk of long-term harm.

Is it normal for babies to be born not breathing?

It's not uncommon for babies to need help with breathing, particularly if they're: 

  • Born prematurely, 
  • As part of a multiple birth, or 
  • If there are complications like a prolapsed umbilical cord. 

While most babies start breathing on their own shortly after birth, some may require immediate resuscitation to help them get enough oxygen.

About the Author

Frank Spector

Welcome to my profile page. Choosing a lawyer is a big decision. Here is some information so you can get to know me better. I am the third generation of lawyers in my family. I saw how lawyers can help people get justice for their injuries. So for over 30 years, I have helped those injured by m...

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