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Perinatal Asphyxia

Maine Perinatal Asphyxia Lawyers

For over a century, Berman & Simmons has championed the rights of Maine families impacted by medical malpractice and birth injuries. Our firm’s rich history includes achieving the first successful birth injury lawsuit in the state, and across all practice areas, we have recovered over $1.5 billion for our clients. 

With our extensive experience and unparalleled track record of winning, you can turn to us confidently if your loved one has been impacted by perinatal asphyxia. This term simply means that a baby has not received enough oxygen around the time of delivery. Perinatal asphyxia can cause severe consequences, including brain damage, cerebral palsy, epilepsy, blindness, and even death. 

Many instances of perinatal asphyxia could and should have been prevented. If you believe that the harm your child experienced was due to medical negligence, contact our firm to learn about your legal options. We offer free consultations, which we can conduct in person or virtually for your convenience. Additionally, we work on a contingency fee basis, so you will not owe legal fees or costs unless we recover compensation. 

Call (207) 417-4199 or contact Berman & Simmons online to speak with our Maine perinatal asphyxia attorneys about your case. Our legal team routinely serves clients throughout our state's 16 counties and beyond.

What Is Perinatal Asphyxia?

Perinatal asphyxia occurs when a baby’s brain is deprived of adequate oxygen and blood flow during or immediately following birth. This condition can cause severe, life-altering damage. Lack of oxygen in these critical moments can result in brain injuries, cerebral palsy, blindness, or, in the gravest cases, infant loss. You may hear perinatal asphyxia referred to as birth asphyxia or hypoxic-ischemic encephalopathy (HIE)

How Does It Happen? 

Perinatal asphyxia can result from natural causes, but many times it is preventable and linked to medical errors or negligence, such as: 

  • Pitocin overstimulation, also known as uterine hyperstimulation - This occurs when the uterus contracts too frequently or intensely during labor, often due to misuse of the synthetic hormone Pitocin. This can restrict oxygen flow to the baby, potentially leading to fetal distress and, in severe cases, brain damage
  • Failure to properly monitor fetal health - During labor, a baby’s heart rate and oxygen levels must be closely monitored, usually with an electronic fetal-monitoring strip. Failure to identify signs of fetal distress and perform an emergency C-section can lead to oxygen deprivation and brain injury.
  • Delayed or improper interventions - When complications arise, timely decisions like performing an emergency C-section are critical. Any delay can increase the risk of asphyxia and injuries to a newborn’s brain.
  • Mismanagement of delivery complications - Umbilical cord issues, like cord prolapse or compression, require immediate attention to prevent oxygen supply disruption and impacts on a baby’s brain.
  • Errors with delivery tools - Improper use of forceps or vacuum extractors can lead to trauma that affects a baby’s ability to breathe properly. Excessive use of a vacuum extractor can cut off blood circulation to the brain and itself cause asphyxia and injury. 
  • Improper management of shoulder dystocia - If a baby’s shoulder gets stuck during delivery, it is a medical emergency. Failure to correct the problem quickly can cause perinatal asphyxia and permanent brain injury. 
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