(317) 638-3472 
When a newborn does not get enough oxygen before, during, or just after childbirth, the infant’s life can be in danger. Even if doctors and nurses respond and save the child’s life, the lack of oxygen to the baby’s brain and internal organs can cause severe birth injuries that result in permanent damage and lifelong medical problems.
The condition, known as birth asphyxia, can cause long-term consequences such as high blood pressure, blood clotting, mental health disorders, cerebral palsy, and epilepsy. Birth asphyxia is often caused by medical negligence on the part of healthcare providers. If doctors and nurses are not sufficiently monitoring the baby for signs of distress, or if they make medical errors dealing with an umbilical cord or placenta issue, your child can suffer lifelong harm before anyone intervenes.
If your child was harmed by birth asphyxia due to medical malpractice, our Indiana birth asphyxia lawyer is ready to help. The Law Office of Kelley J. Johnson has a track record of obtaining millions of dollars in settlements and verdicts for victims of medical malpractice.
If you are looking for a birth asphyxia attorney, contact us today to get started with a free consultation. It is entirely confidential and comes without further obligations.
What Is Birth Asphyxia?
Birth asphyxia is oxygen deprivation before, during, or just after birth. According to the National Library of Medicine, birth asphyxia or perinatal asphyxia is a condition in which an infant suffers from a lack of blood flow or gas exchange just before, during, or after birth. Both a lack of blood flow and a lack of gas exchange cause oxygen deprivation that leads to serious birth injuries.
Some potential causes of birth asphyxia include:
- Umbilical cord compression
- Umbilical cord prolapse
- Premature birth
- Difficult or unusually long labor
- Blood pressure issues
- Anemia
Low birth weight and lack of prenatal care are both risk factors. Birth asphyxia can have both short- and long-term health effects on newborns. Short-term effects include:
- Trouble breathing
- Kidney issues
- High blood pressure
- Acidosis
- Blood clotting issues
Some of the potential medium and long-term effects of birth asphyxia include:
- Cerebral palsy
- Intellectual disabilities
- Hyperactivity
- Autism
- Schizophrenia and other psychotic disorders
- Low IQ score
Common Causes of Birth Asphyxia Due to Medical Negligence
Not all birth asphyxia cases are due to medical negligence, but birth asphyxia is a condition that requires immediate medical care. When medical providers do not immediately treat a newborn suffering from a lack of oxygen, long-term consequences of preventable birth injuries are much more likely.
Common causes of birth asphyxia due to medical negligence include:
- Failure to monitor fetal distress
- Delayed C-section
- Improper use of delivery tools
- Mismanagement of umbilical cord or placenta issues
If your child’s birth asphyxia was caused or made worse by the negligence of medical professionals, you can pursue fair compensation by filing a medical malpractice case.
How Our Indianapolis Birth Injury Attorney Can Help
Our experienced oxygen deprivation at birth lawyer can help you by:
- Reviewing the medical records and patient notes in your case
- Taking statements from witnesses who can clarify what happened
- Consulting with medical specialists to determine why asphyxia happened and the appropriateness of the medical team’s response
- Filing a demand for compensation with the at-fault party’s insurance company
- Negotiating with the insurance company to obtain a settlement of your claim
- Taking the case to trial and representing you in court if necessary
- Representing you before the Indiana Patient’s Compensation Fund
The insurance company’s goal is to pay out as little as possible on birth injury claims, and ideally nothing, if they can. Insurance companies mount strong defenses against medical malpractice lawsuits involving birth asphyxia and other birth injuries. You should not take them on without representation from an Indianapolis birth injury lawyer.
With assistance from our experienced birth asphyxia lawyer, you will have the help you need to pursue the full compensation you deserve for what your child and your family have experienced.
Birth asphyxia compensation in Indiana can include the following:
- Medical bills, now and in the future,
- Home-care services
- Modifications to the home or vehicle to accommodate disabilities
- Additional health care expenses, including occupational therapy, special equipment, and counseling
- Lost wages
- Diminished earning capacity
- Physical and mental pain and suffering
- Reduced quality of life
Indiana’s Medical Malpractice Act limits compensation in a medical malpractice case to $1.8 million. The doctor is responsible for the first $500,000, and the Indiana Patient’s Compensation fund is responsible for up to $1.3 million. The Law Office of Kelley J. Johnson has extensive experience successfully arguing medical malpractice claims before the Patient’s Compensation Fund.
Signs and Symptoms of Birth Asphyxia in Newborns
Some examples of potential signs and symptoms of birth asphyxia in newborns include:
- Lack of crying
- Unusual skin tone
- Limpness
- Lethargy
- Poor muscle tone
- Trouble breathing
- Low blood pressure
- Low heart rate
- Seizures
- Failure to urinate
Doctors may also assess birth asphyxia based on your baby’s Apgar score. Apgar stands for:
- Appearance
- Pulse
- Grimace
- Activity
- Respiration
The medical team should assess your baby’s skin tone, muscle tone, reflexes, heart rate, and breathing, and then assign an Apgar score of between 0 and 10. A newborn with a score between 0 and 3 for more than five minutes could be an indicator of birth asphyxia.
Filing a Birth Asphyxia Lawsuit in Indiana
If your child experienced birth asphyxia due to medical malpractice, you need an Indianapolis infant brain damage attorney to help you pursue justice in your birth injury case.
Under Indiana’s statute of limitations for medical malpractice, you have two years from the date of the malpractice to file a medical malpractice complaint. However, a minor under age six has until their eighth birthday to file, and in a birth asphyxia case, that could give you some extra time. Still, you should always contact a lawyer as soon as possible in a malpractice case to secure medical records, evidence, and witness testimony before they fade.
The Law Office of Kelley J. Johnson has years of experience with medical malpractice claims. Indiana birth injury attorney Kelley J. Johnson focuses exclusively on medical negligence cases, working with expert witnesses in various medical specialties to gather the evidence needed to pursue maximum compensation through a birth injury lawsuit.
If you need an Indianapolis birth injury lawyer for your child’s injury, contact the Law Office of Kelley J. Johnson today for a free initial consultation to discuss your case and learn more about your legal options.
