How Oxygen Deprivation Can Cause Brain Damage in Newborns

When your baby’s brain goes without enough oxygen during or shortly after birth, the damage can begin within minutes. That condition, called hypoxic-ischemic encephalopathy (HIE), is one of the most serious birth complications any family can face. It can lead to cerebral palsy, epilepsy, developmental delays, and in severe cases, death before the age of two.

If you suspect your baby developed brain damage due to medical negligence, talk to our birth injury lawyers in Lexington as soon as possible. Our legal team at Wilt Injury Lawyers can help your family hold the right parties accountable and fight for the resources your child will need for life.

What is HIE, and What Causes Oxygen Deprivation at Birth?

HIE is a brain injury caused when a newborn’s brain is deprived of oxygen and blood flow around the time of birth. Health problems from HIE typically occur in two stages: the initial deprivation, and a second wave of injury, called reperfusion injury, which occurs six to 48 hours later as blood flow returns and damaged cells release toxins. The full extent of the damage may not be understood for months or years. The causes of HIE most seen in malpractice claims include:

• Umbilical cord compression or prolapse, which cuts off the oxygen supply during labor
• Placental abruption, which is the early separation of the placenta from the uterine wall
• Prolonged or obstructed labor, which can lead to oxygen depletion without timely intervention
• Failure to monitor fetal heart rate, which causes missing decelerations that signal distress
• A delayed emergency C-section occurs when a vaginal delivery becomes dangerous, and the staff doesn’t act fast enough.
• Improper use of forceps or vacuum extractors, which adds trauma on top of oxygen deprivation

Early Signs of HIE

Some symptoms of hypoxic-ischemic encephalopathy appear within hours of birth, while others develop over weeks or months. Warning signs can include:

• Seizures or unusual jerking movements
• Difficulty feeding or swallowing
• Weak muscle tone or stiffness
• Breathing problems requiring oxygen support
• Unusual sleepiness or very low responsiveness
• Delayed motor milestones, such as rolling or sitting
• Cognitive disability

Not every child with these symptoms has HIE, so it’s best to seek a medical evaluation right away for proper confirmation.

When HIE Becomes a Medical Malpractice Case

You may have a medical malpractice claim if your baby has HIE due to any of the following negligent acts:

• Fetal heart rate monitoring showed clear signs of distress that went unaddressed
• A necessary C-section was delayed past the point at which a competent team would’ve acted
• Staff failed to recognize or respond to a prolapsed umbilical cord
• A mother’s preeclampsia or placental abruption wasn’t managed appropriately
• Resuscitation after birth was delayed or performed incorrectly

In these situations, the gap between what should’ve happened and what did happen, as documented in the medical record, forms the foundation of your malpractice claim.

Kentucky medical malpractice law holds providers accountable when their conduct falls below the degree of care and skill expected of a reasonably competent practitioner under the same circumstances. Kentucky also requires plaintiffs to file a certificate of merit at the outset of a malpractice case.

This is a signed statement confirming that a qualified medical expert has reviewed your claim and determined that a breach of the standard of care likely occurred. When the medical team had information that required action and didn’t act, that gap is exactly what the expert review is designed to identify.

How Our Injury Lawyers Can Help Your Family

Our HIE attorneys in Lexington can obtain and analyze your full delivery record, retain the medical experts Kentucky law requires to establish causation, identify every responsible party, including the obstetrician, hospital, midwife, or anesthesiologist, and pursue full lifetime damages. Kentucky places no cap on malpractice damages, so your claim can account for decades of care, therapy, and lost earning capacity for your child.

Ensure Your Child’s Future with Our Guidance

Reach out to Wilt Injury Lawyers at 859-263-8818 or online and arrange your free case evaluation today.