During and shortly after delivery, a newborn’s brain is incredibly vulnerable. Some of the most devastating birth injuries are those that involve brain damage. A child born with a brain injury may require a lifetime of care and treatment, and what was supposed to be a joyful moment for the parents turns devastating.
We’re recognizing Brain Injury Awareness Month because we’ve represented so many clients living with brain injuries. Here’s how medical negligence during birth can cause brain damage – and how an attorney can help.
Understanding types of brain injuries
Brain injuries broadly fall into two categories. A traumatic brain injury (TBI) is caused by an external force that impacts the head, such as a violent blow, jolt, or piercing object. An acquired brain injury (ABI) is caused by an internal body process, such as oxygen deprivation or infection. Either type of brain injury can occur during birth—traumatic injuries to the head during delivery do happen—but usually, when we’re talking about brain damage during birth, we’re talking about acquired brain injuries.
Hypoxic ischemic encephalopathy (HIE) is caused by a lack of oxygen to the brain around birth. The name refers to reduced oxygen (hypoxia) and blood flow (ischemia). HIE can be caused when the umbilical cord drops out of place before the fetus (cord prolapse) or is compressed during labor and delivery. It can also occur when the placenta separates from the uterus (placental abruption) or blocks the cervix (placenta previa). Prolonged and difficult labor can increase the risk of HIE.
In addition to HIE, other causes of acquired brain injuries during or shortly after birth include:
- Infections: An infection that spreads to the lining of the brain (meningitis) can cause permanent brain damage.
- Hypoglycemia: Low blood sugar can starve the baby’s vulnerable brain of the fuel it needs to function, which can cause severe damage if left untreated.
- Untreated jaundice: Jaundice is caused by a buildup of a chemical called bilirubin in the body, and if bilirubin crosses the blood-brain barrier, it can damage brain tissue.
How medical negligence causes brain damage during birth
One of the labor and delivery team’s most important jobs is monitoring the baby’s heart rate. If the heart rate slows down enough, that’s a key warning sign that the baby’s brain is not getting enough oxygen, and intervention is needed to prevent permanent damage.
Electronic Fetal Monitoring (EFM) produces a continuous "strip" that acts as a black box for your delivery. It records every dip in the baby's heart rate, known as decelerations. If the monitor shows "late" or "variable" decelerations and the medical team doesn't move toward an emergency C-section, they've ignored the clearest warning sign of brain damage. We'll bring in board-certified OB-GYN experts to review those strips and prove that the distress was visible long before the injury became permanent.
In many situations where there is a risk of brain injury, the best option for the baby is an immediate C-section. Delayed c-sections can lead to permanent harm because the longer the brain goes without adequate oxygen, the more severe and irreversible the brain damage.
Doctors also need to take appropriate actions after delivery to treat and mitigate the risk of any damage, which may involve head cooling or whole body cooling for possible HIE, as well as treating any jaundice or hypoglycemia.
Therapeutic hypothermia, or "neonatal cooling," can significantly reduce the severity of brain damage from HIE, but it's got to be started within a strict six-hour window after birth. If the pediatric team fails to recognize the signs of oxygen deprivation or misses this critical treatment window, a child who could've had a mild injury might end up with a life-altering diagnosis like cerebral palsy. We'll investigate whether the hospital's delay in starting cooling therapy was a breach of the standard of care.
Conversely, some infant brain injuries are caused by negligence before delivery, such as failing to diagnose risk factors in the mother or fetus and failing to manage the pregnancy appropriately given those risks.
An experienced birth injury attorney can help
If your child was born with brain damage, you have legal rights and options, but you need the right advocate to fight for them. Doctors and hospitals won’t just admit that they failed to provide proper care for your child. They know the stakes are high and work hard to avoid accountability. An experienced birth injury attorney with a winning track record can investigate, find out what happened, hire the right experts, and build a winning case on behalf of your family.
A birth injury case isn't just about what happened in the delivery room; it's about what your child's going to need for the next 70 years. We'll work with life care planners and economists to calculate the total cost of specialized schooling, physical therapy, home modifications, and 24-hour nursing care. When we're up against hospital insurance lawyers, we don't just ask for a settlement. We demand the resources your child will need to live a full and supported life.
The Lancione Law Firm has been winning high-stakes birth injury cases for decades. Our case results include a $12.6 million recovery for a baby girl who developed cerebral palsy after her obstetrician failed to respond to signs of fetal distress.
No amount of legal action can undo what happened to your child, but pursuing a birth injury claim can lead to a degree of closure as well as compensation for the care your child needs. Give us a call or contact us online to discuss your options in a free consultation.