Birth Asphyxia

Asphyxia refers to a sequence of events that begins when blood flow to the baby's brain is reduced (ischemia), or the oxygen content of the blood perfusing the baby's brain falls below normal levels (hypoxia). As the hypoxia or ischemia persists, harmful acids capable of causing brain damage can accumulate in the blood leading to metabolic acidosis. Most obstetricians, pediatric neurologists, pediatricians, neonatologists, pediatric pathologists, and pediatric neuroradiologists acknowledge that asphyxia can cause cerebral palsy and other permanent neurological complications.

In courtrooms throughout the United States, doctors and their lawyers routinely claim that cerebral palsy cannot be prevented and that asphyxia rarely occurs during labor. They prefer to blame unidentifiable, undocumented events occurring before labor and delivery for causing brain damage. Andrew Greenwald has reviewed the literature and he is familiar with the most current information concerning the relationship between asphyxia and cerebral palsy. He has worked with qualified medical experts who are familiar with the clinical markers that can be relied upon to establish whether the baby was exposed to asphyxia and when. These experts have the knowledge to evaluate electronic fetal monitoring strips, placental pathology, ultrasound, CT scan, and MRI imaging, laboratory results, and the newborn's clinical records to determine if the baby suffered asphyxia and when it most likely occurred.

The American College of Obstetricians and Gynecologists has been trying to encourage pediatricians not to use the term birth asphyxia in a newborn medical record. As a result, it is more common to see terms like perinatal or birth depression. This does not mean that a baby who is subsequently diagnosed with cerebral palsy was not exposed to intrapartum (during labor) or birth asphyxia.

The knowledge that potential neurological injury can result from asphyxia must play an important role in shaping the standard of obstetric care and the timing of delivery. During pregnancy, the developing fetal brain depends on an uninterrupted supply of oxygen and glucose. Thus, every clinician must be on the lookout for signs that the fetus' oxygen or blood supply is being compromised and that the potential for asphyxial brain damage is present. Thus, cerebral palsy may occur in some children because the clinicians failed to recognize and properly manage the underlying maternal or fetal conditions that led to asphyxia.

If your family has been affected by a birth injury or obstetrical malpractice, please contact Andrew E. Greenwald at the law firm of Joseph, Greenwald & Laake, P.A. His services are offered on a contingency basis. Therefore there is no fee if there is no recovery.