Birth Injuries Resulting from Oxygen Deprivation: When New Parents Can (and Should) Take Legal Action

Oxygen deprivation is a leading cause of birth injuries occurring during delivery. While some medical emergencies during delivery are unpredictable, many fetal health risks can be detected with appropriate monitoring, and once a risk to the fetus has been identified, the healthcare provider overseeing the delivery must provide appropriate care. As a result, birth injuries caused by oxygen deprivation are often preventable; and, when healthcare providers fail to prevent them, they can—and should—be held duly accountable. Learn more from an experienced Florida birth injury lawyer at Searcy Denney:

Several Diagnoses at Birth May Be Linked to Oxygen Deprivation Caused By Medical Malpractice

Several types of diagnoses at birth may be linked to oxygen deprivation during delivery. This includes oxygen deprivation resulting from medical malpractice. For example, the following conditions (among others) will often be indicative of medical negligence in the delivery room:

• Brain damage resulting in developmental delays
• Cerebral palsy (CP)
• Hypoxic-ischemic encephalopathy (HIE)
• Perinatal asphyxia
• Periventricular leukomalacia (PVL)
• Seizure disorders (including epilepsy)
• Vision and hearing impairments

For new parents whose babies are exhibiting symptoms of these (or other) conditions, it is important to seek treatment promptly. In this scenario, you should seek treatment from a healthcare provider other than the one who oversaw your baby’s birth. Describe your baby’s symptoms with as much detail as possible, and be sure to mention that you have concerns about the quality of care you received during your baby’s delivery.

Determining the cause of your baby’s condition will require a medical investigation. Once you hire a Florida birth injury lawyer, your lawyer will take the necessary steps to determine if you have grounds to take legal action. Under Florida law, healthcare providers are required to provide documents and information in response to medical malpractice claims involving birth injuries, and your lawyer can engage a qualified medical expert to assess whether the healthcare provider that delivered your baby met the requisite standard of care.

5 Steps to Take if You Have Concerns About Medical Malpractice Resulting in a Birth Injury

If your baby has been diagnosed with a medical condition linked to oxygen deprivation during delivery, there are some important steps you will want to take promptly. In this scenario, it is important to take legal action if warranted, as birth injuries can lead to high costs both now and in the future. With this in mind, to protect your family’s legal rights, you should:

1. Prioritize Your Baby’s Medical Care (Seek Treatment from a Different Healthcare Provider)

Protecting your baby’s health will also help protect your family’s legal rights. If you have concerns about your baby’s condition for any reason, you should seek a diagnosis and appropriate treatment promptly. With many conditions linked to oxygen deprivation during delivery, prompt treatment can help mitigate (and, in some cases, even eliminate) the risk of long-term effects.

As we mentioned above, if you have concerns about medical malpractice, you should seek treatment from a different healthcare provider than the one who delivered your baby. You are under no obligation to give your previous healthcare provider a second chance, and, in this scenario, seeing a different healthcare provider can be important for multiple reasons.

2. Keep Your (and Your Baby’s) Medical Records and Take Detailed Notes

If you have copies of your baby’s medical records from their birth, you should keep these together in a safe place. As your baby receives care for his or her diagnosis, you should do your best to keep copies of your baby’s medical records as well.

You should also take detailed notes. Try your best to answer questions such as:

• When did you first have concerns about your baby’s condition?
• When did you first have concerns about the quality of the care you received?
• What (if anything) did your healthcare provider say about your baby’s condition?

If you don’t have any of the details, that’s okay. If it looks like you have a medical malpractice claim related to your baby’s birth injury, your lawyer will be able to gather the information needed to take legal action on your family’s behalf.

3. Avoid Direct Communications with the Healthcare Provider that Delivered Your Baby

At this stage, it is important to try to avoid any direct communications with the healthcare provider who delivered your baby. Unfortunately, in this scenario, the healthcare provider may not have your family’s best interests in mind. Going forward, your lawyer will be able to communicate with the healthcare provider and its insurance company on your behalf—and your lawyer will be able to keep you informed about everything you need to know.

4. Start Documenting the Effects of Your Baby’s Diagnosis

Along with keeping copies of your baby’s medical records, you should also do your best to start documenting the effects of your baby’s diagnosis. Try to take notes on a daily basis, and write down any behaviors, issues, or concerns that you think may be related to your baby’s condition. These notes will be important for understanding your baby’s treatment needs and calculating the damages that your family may be able to recover.

5. Seek Advice from an Experienced Florida Birth Injury Lawyer

To make an informed decision about whether to take legal action, you should seek advice from an experienced Florida birth injury lawyer. This costs you nothing, and if your family has a claim, you will need an experienced lawyer on your side. Because there are multiple steps in filing a medical malpractice claim, we strongly encourage you to schedule a free consultation as soon as possible.

Schedule a Free Consultation with a Florida Birth Injury Lawyer Today

Do you need to speak with a Florida birth injury lawyer about filing a medical malpractice claim involving a birth injury resulting from oxygen deprivation? If so, contact us today. To discuss your family’s legal rights with an experienced lawyer in confidence as soon as possible, call 800-780-8607 or tell us how we can get in touch online now.