Posted On: August 19, 2010 by Erik L. Peterson

Delivery Delays May Lead To Catastrophic Birth Injuries

Delays in delivering babies - often the result of complications during the birth process - may lead to catastrophic birth injuries due to a prolonged lack of oxygen to a baby’s brain. Where oxygen deprivation occurs, infants run the risk of developing permanent neurological conditions such as cerebral palsy.

“Cerebral palsy” refers to an incurable neurological condition affecting the brain and nervous system characterized by a loss of movement, speech difficulties, and impaired development. Sometimes, signs of cerebral palsy may not manifest immediately at birth but develop over time, typically appearing before a child is 3 years old.

Indications of cerebral palsy include:

• Poor coordination
• Exaggerated movements
• Dragging of one foot or leg
• Lack of facial expression
• Generalized delays in development
• Decreased muscle tone
• Vision and hearing problems

Delays in delivery occur for many reasons, and the decisions physicians or medical staff make may significantly impact the outcome of a difficult delivery. In some instances, performance of an immediate C-section can prevent an otherwise serious birth injury from occurring.

Recently, our firm resolved a birth injury case for $10 million for a child with severe physical and mental limitations. The child suffered from hypoxic ischemic encephalopathy (HIE) (lack of oxygen) that occurred during a delay in delivery. The settlement is considered to be a record birth injury settlement for Hawaii.

Parents who suspect their child has been injured in the labor and delivery process should consult with an attorney experienced in evaluating medical malpractice cases as soon as possible.

For more information, please contact Bostwick & Peterson, LLP, a Hawaii personal injury law firm dedicated to helping those injured by medical malpractice.