Perinatal encephalopathy is a type of brain injury that occurs shortly before or shortly after a baby is born that is caused by a shortage of oxygen to the brain. When the brain is deprived of oxygen, brain cells begin to die. Without immediate treatment, the baby can suffer a serious, life-altering injury such as cerebral palsy. While there are many reasons that a baby’s oxygen supply may be cut off. Regardless of the reason, a baby that is in distress due to lack of oxygen requires immediate attention. Failure of a doctor to recognize the signs of distress and the failure to properly respond to such distress, may amount to medical malpractice. If your baby suffered a serious birth injury related to a lack of oxygen that you believe was caused because your doctor was negligent, contact a New York perinatal encephalopathy lawyer who will examine your medical records and explain your legal options.
Common causes of perinatal encephalopathyPerinatal encephalopathy can be related to any of a number of complications that can occur during labor and delivery. However, with proper monitoring of the baby and the mother, the doctor will be immediately alert when the baby is in distress due to a lack of oxygen. Once alerted, it is up to the doctor to take immediate steps to remedy the situation. Oftentimes the best option is to immediately deliver the baby via c-section.
Delayed delivery c-section: Perinatal encephalopathy can result from a delayed c-section. In other words, monitoring indicates that the baby is in distress. However, instead of acting immediately, there is a delay. As a result the baby ends up with brain damage as a result of the lack of oxygen.
Improper fetal monitoring: Fetal monitoring is one the best tools that doctors have determine if the baby is receiving sufficient oxygen. If the baby’s oxygenation declines sufficiently, the monitor with notify the medical staff that the baby is in distress.
Placental damage: Because the placenta provides oxygen and nutrients to the baby, if the placenta is damaged, the baby is at risk of oxygen deprivation.
Umbilical cord complications. Like the placenta, the umbilical cord is critical for providing the baby with oxygen. If there are any abnormalities with the umbilical cord such as it being compressed or wrapped around the baby’s neck, the baby’s oxygen supply may be cut off.
Premature rupture of the membrane. If the membrane ruptures more than an hour before labor, the result can be umbilical cord complications, which can lead to oxygenation problems.
Pursuing damagesPerinatal encephalopathy can lead to the baby suffering severe and permanent brain damage. Babies with brain damage due to oxygen deprivation face lifelong problems. They often have epilepsy and cerebral palsy. In addition, it is not uncommon for brain damaged babies to have a loss of vision and hearing. They have to live with cognitive problems, speech delays, and intellectual disabilities. Treatment for complications related to perinatal encephalopathy continues as the child grows up. The costs are substantial. As experienced New York perinatal encephalopathy lawyers, we understand that parents of babies with serious disabilities are justifiably concerned about how they will be able to pay for their children’s complex health needs as they grow up.
If your child’s perinatal encephalopathy was caused because of medical negligence, then there may be resources for paying for your child’s medical needs. Through a medical malpractice claim, you can demand that the negligent doctor compensate you for your losses including your child’s lifetime medical expenses. Even when it is clear that the doctor was negligent, doctors are notoriously loathe to admit fault as they do not want to face the financial loss. A skilled perinatal encephalopathy attorney in New York will have the experience and knowledge to stand up to negligent defendants and demand that they pay fair compensation for their mistakes.
Contact the Law Offices of Stephen Bilkis & AssociatesLearning that your baby suffered a severe birth injury that left him or with permanent brain damage is devastating. Understandably, you want to know what happened. It is frustrating when your doctor will not give you straight answers. If you believe that your child’s injury was due to your doctor’s negligence, it is important that you are represented by a perinatal encephalopathy attorney serving New York who has the legal knowledge and resources to ensure that your legal rights are protected. The staff at the Law Offices of Stephen Bilkis & Associates has can help. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.