Birth asphyxia may be considered medical malpractice when a doctor’s actions—or inaction—lead to or worsen oxygen deprivation before, during, or shortly after birth. While it can occur naturally in some cases, it is also frequently indicative of medical malpractice. Additionally, even when birth asphyxia occurs naturally, failure to properly diagnose and treat the condition can constitute medical malpractice as well. In fact, birth asphyxia may give rise to a medical malpractice claim whether the provider’s negligence caused the condition or made it worse through substandard care.
With this in mind, if your newborn has been diagnosed with birth asphyxia, it will be worth speaking with a Chicago medical malpractice lawyer about your family’s legal rights. This costs you nothing; and, if your family has a medical malpractice claim, your family could be entitled to significant financial compensation. An experienced lawyer will be able to help you make an informed decision about whether to take legal action; and, if you decide to take legal action, your lawyer will be able to use his or her experience to fight for the financial compensation your family deserves. If the facts suggest that birth asphyxia may have been the result of medical malpractice, legal action could provide both answers and accountability.
So, when can birth asphyxia (or its consequences) be indicative of medical malpractice? While individual circumstances vary, birth asphyxia may be considered medical malpractice if doctors or medical staff fail to recognize risks, respond to complications, or provide timely treatment. Potential indicators of malpractice in this scenario include:
If your family’s doctor failed to detect potential risks for oxygen deprivation, this could be indicative of medical malpractice. This is true for failures during pregnancy, labor, and delivery. With today’s medical knowledge and technology, doctors have the ability to detect potential risks early on in most cases; and, as a result, failure to detect serious risks will often be a sign of a failure that could—and should—have been avoided. When providers overlook known warning signs and birth asphyxia occurs, that situation may justify a medical malpractice claim related to the birth asphyxia diagnosis.
Along with failure to detect potential risks for oxygen deprivation, failure to diagnose the symptoms of oxygen deprivation can be indicative of medical malpractice as well. Signs that a baby may be experiencing oxygen deprivation and at risk of developing birth asphyxia include:
If a doctor has concerns about birth asphyxia, he or she should promptly take the necessary steps to provide an accurate diagnosis. Methods for diagnosing birth asphyxia include (but are not limited to):
Diagnostic errors are among the most common forms of medical malpractice resulting in birth injuries. As a result, any time you have concerns about your baby’s diagnosis (or lack of diagnosis) as a parent, you should not ignore them. Instead, you should seek a second opinion promptly; and, if your new doctor’s advice conflicts with the advice you received initially, you should talk to a medical malpractice lawyer about filing a claim. When symptoms of oxygen deprivation go unrecognized or untreated and birth asphyxia leads to lasting harm, medical malpractice may be to blame.
Treatment errors are alarmingly common as well. Due to the substantial risks involved, accurately diagnosing birth asphyxia is not enough. Prompt treatment can be essential—and emergency medical intervention may be necessary in some cases. Failure to treat, delayed treatment, improper treatment, insufficient treatment, and ineffective treatment can all provide clear grounds for parents to pursue claims against their doctors in cases involving complications from birth asphyxia. If doctors delay or fail to act after confirming oxygen deprivation, and your child suffers harm, this may be a case of birth asphyxia caused by medical malpractice.
As a parent (or expecting parent), you have the right to make informed decisions about your baby’s medical care. This means that your doctors have an obligation to consult with you about the risks involved with any proposed course of treatment as well as the risks of failing to intervene when necessary. If your doctor failed to consult with you about the risks that ultimately led to your baby’s birth asphyxia diagnosis, this may provide grounds to pursue a medical malpractice claim as well. When birth asphyxia occurs and parents were never properly informed of the risks, a medical malpractice claim may be warranted based on failure to obtain informed consent.
The consequences of birth asphyxia can be devastating, both emotionally and financially. If your child was diagnosed with birth asphyxia and you believe the condition could have been prevented—or treated more effectively—you may have a legal right to pursue compensation. Birth asphyxia may be considered medical malpractice when doctors or other providers fall short of the standard of care and those failures result in permanent harm. You shouldn’t have to bear the burden of medical negligence alone.
At Coplan + Crane, our legal team is here to support your family through every stage of this process. We will take the time to understand what happened, investigate your child’s treatment, and determine whether medical negligence caused or contributed to their condition. If your case involves birth asphyxia and possible medical malpractice, we will fight to hold the responsible parties accountable.
Call us at 312-982-0588 or contact us online to schedule a FREE, no-obligation consultation with an experienced Chicago medical malpractice attorney.
