Birth Asphyxia

ROB LEVINE, MEDICAL MALPRACTICE LAWYER

VICTIM OF BIRTH ASPHYXIA? GET AN ATTORNEY

Birth asphyxia is one of the many birth injuries that can occur because of medical negligence. This occurs when the infant experiences a lack of oxygen. Birth asphyxia can occur for several reasons such as cord compression, placental detachment, or breathing in meconium. Doctors are trained to properly monitor mother and child. It is their responsibility to recognize signs of distress and act accordingly to minimize the chance of birth asphyxia. Lack of oxygen to a baby during pregnancy, labor, or delivery can have tragic repercussions. One of the most common results of birth asphyxia is a brain injury.

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SIDE EFFECTS OF BIRTH ASPHYXIA

Depending on how quickly birth asphyxia is addressed, there can be a variety of side effects that occur. Due to the lack of oxygen reaching the brain, any of the following injuries may occur:

  • Paralysis
  • Cerebral palsy
  • Impaired development
  • Seizures
  • Fetal stroke
  • Physical impairments

HOW CAN AN EXPERIENCED MEDICAL MALPRACTICE LAWYER HELP?

Anything can happen throughout the complex processes of pregnancy, labor, and delivery. All injuries that happen to children are heartbreaking and can be prevented. If you feel as though medical malpractice may have played a part in your birth injury, reach out for legal advice and an experienced attorney will investigate your case.

WAS IT MEDICAL NEGLIGENCE?

Birth asphyxia, while traumatic, is not always the fault of a medical professional. This birth injury can occur due to a wide variety of circumstances. However, it is important to recognize when the situation may have occurred because of medical negligence.

Examples of medical negligence that may result in birth asphyxia include:

  • Failure to acknowledge existing risks or complications
  • Delayed cesarean delivery
  • Failure to respond to signs of fetal distress
  • Improper use of birth tools
  • Failure to treat injuries quickly and accordingly
FAQs About Your

Medical Malpractice Case

How do I know if I have a medical malpractice case?
Medical Malpractice is a form of professional negligence that can be committed by any medical professional who is involved in giving care to a patient. To prove medical malpractice, a claimant must show that a doctor-patient relationship existed, that the professional violated the standard of care, and an injury resulted from that violation.    
What is “informed consent” and how does this relate to malpractice?
In Rhode Island, informed consent refers to the conversation a medical professional has with their patient when they explain the proposed course of treatment and its risks. The physician must also offer information for alternative treatments and/or the option of not treating a specific illness. Rhode Island requires a five-part test to decide if there is validity in a medical malpractice case surrounding a lack of informed consent. This test includes: the physician’s explanation of risk was inadequate, the risk was known and withheld by the physician, the risk was a valid concern, and the injury in question was caused by this undisclosed risk.
How can a jury determine if a physician’s actions were negligent?
All medical professionals are expected to abide by a standard of care. A judge is responsible for questions of law. A juror is a trier of fact. While a jury listens to an entire trial, their job is to take the law as described to them by the judge and apply all of the facts and information that were relayed to them through testimony throughout the trial. A jury is then responsible for rendering a verdict based on the law given to them during jury instructions by the judge and their opinion a to whether or not the case presented by the plaintiff meets or exceeds the standard of law as defined by the judge of negligence by the medical professional.
What are examples of medical malpractice?
A licensed medical professional's actions that fall below the standard of care include failure to diagnose/misdiagnosis, failure to order proper testing, failure to recognize symptoms, misreading/ignoring laboratory results, surgical errors or wrong-site surgery, improper medication/dosages, unnecessary surgery, poor follow-up or aftercare, premature discharge, or disregarding or not taking an appropriate patient history.  
How much time do I have to start my case?
The statute of limitations for medical malpractice cases in Rhode Island is up to three years after the discovery of their medical condition. In Massachusetts, patients are given up to three years from the discovery date if they would not have reasonably known of the malpractice. In Connecticut, patients are given up to two years to file their case.
Do I have any medical rights?
You have the right to:
  • Access information regarding your case that is accurate, easy to understand, and in your language.
  • Access any assistance you may need to understand your medical information.
  • Be involved in decisions regarding your medical treatment.
  • Receive respectful care from any medical professional.
  • Confidentiality regarding your medical care and treatments.
  • Read and copy your medical records to ensure accuracy.
  • File a complaint against any medical staff who treats you.

Different Types of Medical Malpractice - malpractice law firm Medical Malpractice It is the responsibility of medical professionals to care for the patients. However, medical malpractice occurs frequently. Take advantage of this free book to learn more about medical malpractice and legality of the subject. Free Ebook

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