Who Can Be Held Liable for Oxygen Deprivation During Delivery?

For many families, childbirth is a long-awaited moment of joy, hope and celebration. Unfortunately, however, the act of bringing a child into the world is not without its risks. According to the World Health Organization (WHO), birth asphyxia (oxygen deprivation) is considered one of the leading causes of neonatal deaths in the United States and beyond. What’s more, cases of birth asphyxia that do not result in death can lead to lifelong complications for infants and, by extension, their families.

In Arizona, families affected by childbirth-related oxygen deprivation may have a right to compensation under the law. Let’s take a closer look at the dangers posed by birth asphyxia and explore how an experienced birth injury lawyer can help families fight for the compensation necessary to ensure an injured child’s quality of life.

Oxygen deprivation during delivery: The basics

Oxygen deprivation (also referred to as hypoxia or asphyxia) occurs when an infant’s brain and other vital organs do not receive enough oxygen during labor and/or delivery. In more severe cases, a complete lack of oxygen – referred to as anoxia – can also take place. Whether partial or complete, any level of oxygen deprivation can lead to irreversible brain damage and long term medical complications for vulnerable infants.

Some common complications that can occur as the result of oxygen deprivation include:

• Cerebral palsy
• Seizure disorders
• Cognitive impairments
• Speech and motor delays
• Feeding difficulties
• Hearing or vision loss

Many of the complications named above can pose major challenges for infants and their families but may be preventable if medical staff can recognize and respond to any signs of distress quickly and appropriately. While advancements in modern medicine have contributed to a significant decrease in global neonatal deaths over the last two decades, medical personnel still have a responsibility to actively prioritize the health and safety of both infants and mothers during and after childbirth.

What causes oxygen deprivation during delivery?

Even as childbirth becomes safer for mothers and infants around the world, there are still many medical conditions and complications that can increase the risk of birth asphyxia and hypoxia, including:

• Umbilical cord prolapse or compression
• Placental abruption
• Shoulder dystocia
• Uterine rupture
• Prolonged labor
• Maternal hypotension or bleeding
• Inadequate fetal monitoring

While some level of risk is inherent during childbirth, medical professionals are often able to identify risk factors and take preventative measures before a woman even goes into labor. Additionally, there are a variety of medical interventions that can identify an emergency during childbirth or in the moments immediately after. With the right combination of training and vigilance, medical professionals can contribute to more positive childbirth outcomes for both mom and baby.

Who is liable if oxygen deprivation occurs?

No two birth injury cases are exactly alike so liability must be decided on a case-by-case basis. Depending on the facts, a number of different parties could be found responsible for hypoxia-related birth injuries. Some of the parties that may be found liable in birth injury cases include:

1. Obstetricians (OB/GYNs)

Doctors overseeing the delivery process are broadly responsible for monitoring the mother’s and baby’s conditions. These doctors are tasked with interpreting fetal heart tracings, tracking vital signs and making timely decisions when necessary. A delayed or improper response to changes in a patient’s condition may amount to medical negligence under Arizona law and leave the doctor liable for any birth injury-related damages.

2. Labor and delivery nurses

Nurses typically work in conjunction with OB/GYNs to monitor laboring mothers and their unborn children. If a nurse fails to act or report a serious issue, they may be found liable for a resulting birth injury.

3. Anesthesiologists

Some mothers receive anesthesia at some point in the labor and delivery process. If a mother receives anesthesia in the form of an epidural or during a C-section and that anesthesia decreases the mother’s blood pressure, it could result in a reduction in oxygen to the infant. An anesthesiologist who fails to prevent or respond to these complications may be considered liable for any hypoxia-related complications.

4. Midwives

Midwives are healthcare providers who handle pregnancy, birth, and postpartum medical issues specifically. They may be liable if they are providing care or performing monitoring tasks and neglect to respond to or identify risks that result in birth injuries.

5. Hospitals and outpatient birth centers

In some cases, healthcare facilities can be found vicariously liable for the negligence of their employees. They may also face direct liability for administrative oversights like poor training, understaffing, ill-maintained equipment or improper protocols.

5. Third-party contractors or equipment manufacturers

In rare cases, third parties — such as companies that make or maintain medical equipment used during labor and delivery — may be at fault if their defective tools contribute to the injury. Similarly, a third-party contractor, like a maintenance worker or cleaning crew, might be found responsible for a birth injury if their actions or inaction directly contribute to a preventable medical complication.

What is considered medical negligence in Arizona?

Under Arizona law, a few conditions must be met in for a birth injury to be considered the result of medical negligence. First, an injured party must be able to prove that the medical provider had a duty to provide a reasonable level of care to the patient. Next, the plaintiff must prove that the medical provider’s actions or inaction breached that duty of care. Third, a victim or victim’s family must demonstrate that they suffered observable harm. Finally, victims must prove that the harm they suffered was the direct result of the provider’s breach of care.

Proving negligence in these cases can be complex and challenging. In birth injury cases, injured victims and their families are typically required to provide evidence to demonstrate the injury was not caused by unrelated or pre-existing conditions and to support the claim of negligence. Similarly, expert testimony often proves vital in establishing that a provider breached a professionally accepted standard of care. Arizona law imposes strict limitations on the qualifications for witnesses to testify.  This can make malpractice cases especially expensive and present special challenges. Other types of evidence may also be necessary – such as witness statements, video footage, etc. – to further demonstrate that a birth injury was the direct result of a medical provider’s negligence.

What  type of financial recovery is available in a birth injury case?

Losing a child or raising a child with hypoxia-related disabilities can be emotionally and financially overwhelming. Subsequently, many families choose to file claims for damages related to:

• Past and future medical expenses
• Physical and occupational therapy
• Special education and assistive devices
• Loss of earning potential due to caregiving responsibilities
• Home modifications and nursing care
• Emotional pain and suffering

In tragic cases where a child dies due to birth injuries, families may also pursue wrongful death compensation for funeral and burial costs. Additionally, there are some cases in which a jury may award punitive damages if the doctor, nurse, or facility knew their actions (or inaction) created a serious risk to the mother or child, and intentionally ignored or recklessly disregarded that risk. In Arizona, there are no state-sanctioned caps on the amount of recoverable damages in medical malpractice cases. This means that plaintiffs can pursue any amount of compensation they see fit based on the unique circumstances of their case.

How the birth injury lawyers at Plattner Verderame can help

At Plattner Verderame Arizona Injury Lawyers, we believe that no family should suffer in silence after a preventable adverse medical event. Whether you are grieving the loss of a child due to a birth injury or are navigating the complex landscape of raising a child with a disability, our team is prepared to offer dedicated and compassionate support in your pursuit of justice.

We can help you compile evidence, identify key witnesses and conduct a comprehensive investigation to ensure your case is as solid as possible. Give us a call today or fill out our online contact form to schedule a free case evaluation with a member of our team. Time is of the essence when it comes to pursuing a claim against a medical provider, so don’t hesitate to contact us if you are in need of an empathetic partner in your legal journey.