Lack of Oxygen at Birth & the Long-Term Effects

The birth of a child is meant to be a joyful moment, but for some parents, lingering questions about what happened during labor and delivery can cloud those early days. If your child is experiencing developmental delays and you suspect oxygen deprivation at birth may be the cause, you deserve clear answers and trusted support. Medical professionals are responsible for identifying signs of fetal distress during labor to prevent complications, but when these signs are missed, the results can be devastating. 

Medical professionals have a duty to recognize and respond to signs of fetal distress during labor. When those signs are overlooked or mishandled, the consequences can be life-altering. At Aldous Law, we stand with families who are navigating the emotional and legal challenges that follow preventable birth injuries.

We understand the impact a birth injury can have on your child’s future. Our team has extensive experience with cases involving failure to detect fetal distress and other forms of medical negligence. We work tirelessly to hold healthcare providers accountable and to help families obtain the compensation and resources their child needs for long-term care and development.

What Is Considered a Lack of Oxygen at Birth?

Lack of oxygen at birth, also known as birth asphyxia, occurs when a baby doesn’t receive sufficient oxygen before, during, or immediately after delivery. Oxygen deprivation can lead to serious health complications, including brain damage, cerebral palsy, and long-term developmental delays. Understanding what might cause this issue can help parents recognize if medical negligence played a role. Below are some common causes of oxygen deprivation at birth, grouped into three categories.

Types of Oxygen Deprivation Events

Physical Causes:

Medical Causes:

Potential Medical Negligence:

If your child’s health has been impacted by a lack of oxygen at birth, it’s important to determine whether medical negligence played a part. Understanding these causes is the first step in advocating for your family’s future.

Long-Term Effects of Oxygen Deprivation at Birth

The long-term effects of oxygen deprivation at birth can be life-altering, leaving parents worried about their child’s future and uncertain about how this could have happened. When oxygen levels drop too low during labor or delivery, the consequences can affect a child’s physical, emotional, and cognitive development. If you suspect that medical malpractice played a role, it’s important to understand what your child might be facing. 

Some potential long-term effects of oxygen deprivation include:

Sadly, when complications arise during childbirth, parents are often left with questions about what went wrong and whether the outcome could have been prevented. With the right supportive legal counsel, you can hold those responsible accountable and secure the resources your family needs to find answers and justice. 

What Is Hypoxic-Ischemic Encephalopathy (HIE)?

Hypoxic-Ischemic Encephalopathy (HIE) is a serious and potentially life-altering condition that occurs when a baby’s brain is deprived of oxygen and blood flow during labor or delivery. This lack of oxygen can cause damage to the brain, leading to developmental delays, motor impairments, and in some cases, lifelong challenges such as cerebral palsy or cognitive disabilities. For parents, an HIE diagnosis can be heartbreaking as they navigate the uncertainty of their child’s future. If you suspect that medical mistakes played a part in your baby’s condition, it’s essential to seek both medical and legal support. By working with experienced legal counsel, you can uncover the truth, hold negligent parties accountable, and obtain the resources you need to provide the best care for your child.

Can a Baby Recover from Lack of Oxygen at Birth?

The ability to recover from oxygen deprivation depends on the severity of the situation and how quickly the condition is addressed. Some babies may experience minimal or no long-term effects, especially if the issue was mild and resolved quickly. Others may require ongoing therapies or medical interventions to manage developmental challenges. It’s important to work closely with a medical team to identify your baby’s needs and take proactive steps toward their recovery.

How Is Birth Asphyxia Treated?

The treatment for birth asphyxia depends on the severity of the oxygen deprivation. Immediate interventions may include resuscitation or oxygen therapy. For moderate to severe cases, therapeutic hypothermia (or cooling therapy) is often used to minimize brain damage, especially if administered within the first six hours of life. After this critical period, long-term treatments may include physical therapy, occupational therapy, and other developmental services to help babies overcome or manage challenges caused by birth asphyxia.

When to Seek Legal Help for Birth Injuries

At Aldous Law, we understand how devastating it is to suspect that your baby or even the mother wasn’t treated with the level of care they deserved. Families in Texas face unique challenges, as our state has one of the highest rates of birth injuries and women here often endure medical discrimination that puts lives at unnecessary risk. If you believe that negligence or misconduct may have played a role in your experience, you don’t have to carry this burden alone. Aldous Law is here to support you, hear your story, and fight relentlessly to deliver the justice you and your family deserve. Contact us today for a consultation, and take the first step toward holding the responsible parties accountable. Together, we can ensure your voice is heard and work toward a safer, fairer future for you and your child.

Frequently Asked Questions (FAQs)

What Are the Long-Term Effects of Lack of Oxygen at Birth?

Lack of oxygen at birth can result in a range of long-term effects, some of which may not become apparent until a child gets older. These effects can include developmental delays, learning disabilities, motor impairments, and more serious conditions like cerebral palsy or epilepsy. Each child’s outcome depends on factors such as the duration and severity of oxygen deprivation and the care they receive after birth. An early diagnosis and specialized care are key to improving outcomes and helping your child reach their full potential.

What Causes Lack of Oxygen at Birth?

Lack of oxygen, or birth asphyxia, can have several causes. Common causes include complications in pregnancy or delivery, such as umbilical cord problems (like prolapse or entanglement), placental issues, prolonged labor, or maternal health conditions. Sometimes, medical staff may fail to correctly monitor or respond to signs of fetal distress. If you suspect that medical negligence contributed to the circumstances of oxygen deprivation, seeking legal advice may be crucial in uncovering the truth.

Should I Speak to a Lawyer if I Suspect Medical Negligence?

If you suspect that your baby’s birth injury was caused by improper medical care, speaking with an experienced birth injury attorney can help you understand your rights and options. A lawyer can investigate the circumstances surrounding your case, identify instances of negligence, and work to obtain the compensation and resources needed for your child's care and future. At Aldous Law, we’re committed to providing compassionate support for families navigating these situations.

What Resources Are Available for Families of Children With Birth Injuries?

Families can access a variety of resources, including early intervention programs, specialized therapies, and support groups. Financial assistance may also be available to help with medical expenses and ongoing care. If negligence played a role in your child’s injury, pursuing a legal claim can help secure the funds needed to access these resources and provide your child with the best opportunities for their future.

If you have more questions or suspect that a birth injury occurred due to insufficient care, Aldous Law is here to listen. Contact us today to share your story and explore your legal options.

Understanding the Causes of Infant Brain Damage During Birth in Texas

At Aldous Law, we believe families have the right to answers when preventable harm occurs during delivery. Our goal is to help new parents in Texas recognize the warning signs of negligence and understand their legal rights. If you’re worried about your child’s birth injury, know that you’re not alone in seeking justice, and we’re here to help you pursue it.

Critical Factors Leading to Infant Brain Damage During Labor and Delivery 

Infant brain damage is the injury or destruction of brain cells in a newborn, often resulting in long-term physical, cognitive, or emotional challenges. The delivery is a delicate and critical time, as a newborn's brain is especially vulnerable to harm. Unlike other injuries, damage to the brain can occur within moments when oxygen or blood flow is impaired, or if the baby experiences trauma during delivery. Even minor complications can lead to significant and potentially lifelong consequences if not promptly and adequately addressed.

Several critical factors during labor and delivery can increase the risk of brain damage in infants, many of which are preventable with attentive care. These include:

A newborn's developing brain is highly sensitive, making it especially vulnerable to complications during labor and delivery. Critical factors like oxygen deprivation, trauma, and infections can disrupt vital processes in the brain, leading to cellular damage within moments.  These vulnerabilities underscore the importance of vigilant medical care at every stage of delivery to protect the baby’s lifelong well-being.

Recognizing Potential Signs of Infant Brain Damage 

For many babies, the first indications of brain damage may appear within hours or days of birth, and attentive pediatric care plays a critical role in identifying these early warning signs. Your pediatrician will monitor your baby closely after delivery, especially if complications occurred during birth. If any concerns arise, they may recommend further tests, such as imaging scans or neurological evaluations, to better understand your baby’s health. Parents should also be aware of potential symptoms to share with their doctor, which may include:

Monitoring a newborn closely is a natural instinct for parents, especially after a complicated delivery. By staying attentive to your baby's behavior and health and partnering with a trusted pediatrician, you can address any potential complications or concerns early on. If you believe that medical negligence may have contributed to your baby’s condition, it’s essential to seek legal guidance from an experienced birth injuries attorney. 

The Role of Medical Negligence in Birth Injuries 

Medical negligence during childbirth can have devastating consequences, especially during difficult deliveries. Sometimes, parents report symptoms or concerns during pregnancy that are dismissed or brushed off by their OB-GYNs, leaving potential complications unaddressed. A lack of comprehensive maternal care, such as failure to conduct essential tests or neglecting to monitor underlying health conditions, puts both mother and baby at serious risk. During labor, insufficient monitoring of the baby’s oxygen levels, heart rate, or the mother’s progress can lead to lasting harm, including brain damage caused by preventable complications. Each of these scenarios highlights the importance of vigilance and the responsibility of medical providers to prioritize safety at every step. 

When medical negligence occurs, the effects are far-reaching. For mothers, an improper response to complications during birth can lead to traumatic physical and emotional recoveries, delaying healing or increasing the chance of long-term health issues. For the baby, brain damage caused by negligence can result in lifelong challenges, such as developmental delays, cognitive impairments, or physical disabilities. Families might face years of medical appointments, therapies, and emotional distress, navigating the aftermath of decisions that were supposed to safeguard their well-being. Ensuring accountability for preventable mistakes is vital for both understanding what went wrong and preventing similar situations for others.

Seeking Legal Guidance for Infant Brain Damage in Texas 

If medical negligence may have played a role in your baby’s condition, seeking legal guidance is a crucial step toward seeking justice and protecting your family’s future. Texas has significantly high birth injury rates, with approximately 7 out of every 1,000 births impacted each year. For families facing the devastating effects of infant brain damage, seeking legal guidance can provide a pathway to accountability and justice. It ensures that medical providers are held responsible for their actions and helps families avoid the crushing burden of excruciating and offensive medical bills. 

Aldous Law is dedicated to helping families in Texas pursue accountability for healthcare professionals who failed to uphold their duty of care. With the right legal support, you demand answers and recognition for your family’s suffering. Families affected by birth injuries deserve both compassion and the resources to begin the path forward.

How Aldous Law Can Help Families Affected by Birth Injuries

If your family has been affected by birth injuries or infant brain damage caused by medical negligence, Aldous Law is here to stand by your side. We are committed to seeking justice for families, holding medical professionals accountable for their actions, and ensuring you have the resources needed to protect your child’s future. With compassionate legal support, we aim to provide clarity during this difficult time and fight for the answers and accountability your family deserves. Contact Aldous Law today to learn more about your legal options.

 Aldous Law Trial Win Named Top Medical Malpractice Verdict in Texas for 2022

In this year’s listing of top verdicts, Texas Lawyer magazine names a $21 million verdict in an Aldous Law case as the largest medical malpractice courtroom win in the state in 2022.

The Top Texas Verdicts & Settlements list is developed annually from research compiled by American Lawyer Media’s VerdictSearch, widely recognized as the leading provider of U.S. verdict and settlement information. ALM’s Texas Lawyer, which publishes the list every year, then ranks each verdict overall and by category.

The October 2022 verdict was the largest medical malpractice claim and the 20th largest in Texas overall. Firm founder, Charla Aldous was lead counsel on the case, which focused on 32-year-old Carlos Rojas, who was left in a vegetative state after undergoing anesthesia during surgery to repair a broken leg at Baylor University Medical Center in 2017.

The Dallas County jury found providers with US Anesthesia Partners were negligent during the surgery when they failed to monitor Carlos’ blood pressure readings, which would have indicated dangerously low oxygen levels. Instead, Carlos suffered permanent brain damage caused by a lack of oxygen to the brain.

“We appreciate that this verdict was the largest of its kind in Texas last year,” said Ms. Aldous. “It not only highlights the severity of Carlos’ condition but also the importance of this case – that those in the medical field have a duty to their patients and if they fail to live up to that duty, we will fight on behalf of our clients to make sure they are held accountable.”

This is only the most recent recognition for  Aldous Law. Earlier this year, Ms. Aldous was named to the list of “Elite Women of the Plaintiffs Bar” by ALM, which publishes Law.com and The National Law Journal. ALM also named the firm an Elite Trial Lawyers Awards finalist in the Civil Rights category. Winners will be announced during an awards dinner in New York on July 13.

The full list of top verdicts can be viewed in Texas Lawyer's special report Top Verdicts & Settlements of 2022.

Patient Rights and Protections in Texas Medical Malpractice Cases

Medical malpractice can be a complex and emotionally draining experience for patients and their families. In Texas, there are specific laws and protections in place to help safeguard patients' rights in medical malpractice cases. This guide will provide an overview of these laws and protections, as well as actionable tips for navigating the legal process.

1. Know the Statute of Limitations

In Texas, the statute of limitations for medical malpractice claims is two years from the date of the injury or the date when the injury should have been discovered. It is crucial to be aware of this time limit, as filing a claim after the deadline can result in the case being dismissed.

There are some exceptions to this rule, such as cases involving minors or mental incapacitation. To ensure you are fully informed about the statute of limitations in your specific case, it is advisable to consult with an experienced medical malpractice attorney.

2. Understand the Texas Medical Liability Act

The Texas Medical Liability Act (TMLA) is a set of laws designed to protect both patients and healthcare providers in medical malpractice cases. Some key aspects of the TMLA include:

Understanding the TMLA and its implications on your case is essential for a successful outcome. An experienced attorney can help you navigate these complex laws and ensure your rights are protected.

3. Be Aware of the Texas Patient's Bill of Rights

The Texas Patient's Bill of Rights outlines the rights and protections afforded to patients in the state. Some of these rights include:

Being aware of these rights can help you advocate for yourself and ensure that your rights are not violated during the course of your medical treatment.

4. Document Everything

Keeping thorough documentation of your medical treatment and any instances of potential malpractice is essential for building a strong case. This can include:

Having this documentation readily available can greatly assist your attorney in proving your case and securing the compensation you deserve.

5. Consult with an Experienced Medical Malpractice Attorney

Navigating the legal process of a medical malpractice case can be overwhelming and complex. Partnering with an experienced attorney, like the team at Aldous Law, can help ensure your rights are protected and that you receive the compensation you deserve.

Our team has extensive experience in handling medical malpractice cases in Texas and is well-versed in the state's laws and protections. We will work tirelessly to advocate for your rights and guide you through the legal process. Contact us today to schedule a consultation and discuss your case.

Charla Aldous Named to D Magazine’s Best Lawyers in Dallas Hall of Fame

Aldous Law is pleased to announce that Partner Charla Aldous has been inducted into D Magazine’s Best Lawyers in Dallas Hall of Fame!

This is the first time in the publication’s history that it has set aside an elite group of lawyers for Hall of Fame recognition, and Charla is among just 50 honorees included in the inaugural class. To be eligible, attorneys must have been named to the D Magazine list of the Best Lawyers in Dallas at least 15 times.

Our team congratulates Charla on her latest achievement. After being named to D Magazine’s Best Lawyers in Dallas list year after year, this new honor solidifies Charla’s stature among the region’s most respected trial lawyers.

For more information about D Magazine’s Best Lawyers in Dallas, click here.

Aldous Law Named to 2022 “Best Law Firms” List

Aldous Law is pleased to announce that our firm has been selected to the 2022 U.S. News – Best Lawyers “Best Law Firms” rankings!

As in previous years, we earned U.S. News’ highest ranking as a Dallas / Fort Worth Metropolitan Tier 1 firm in two categories:

Our firm is grateful for our continued recognition in the “Best Law Firms” rankings, which distinguishes firms that have excelled in their areas of practice.

Coming on the heels of receiving the DTLA’s John Howie Award for our work representing Dallas County Judge Clay Jenkins in litigation over Gov. Greg Abbotts’ mask mandate ban, we know this achievement would not be possible without our team’s incredible passion for justice. We congratulate and thank all who helped make this possible.

Read more about our 2022 “Best Law Firms” selection.