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Meconium Aspiration Syndrome Lawsuit

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In the most routine, problem-free births, a baby’s meconium (excretory matter) stays safely stored in the baby’s intestines until after labor and delivery are completed. However, if the baby experiences significant distress during labor and delivery, the baby may pass its stool into its amniotic fluid sac and ingest it into the lungs.

The meconium can block the baby’s airways, causing decreased oxygen supply to the brain, and is often accompanied by pneumonia. The medical team in the labor and delivery room must immediately clear the baby’s airway and mitigate irreversible brain injury. Although meconium aspiration is a reasonably common birth injury, many medical treatment providers fail to treat this emergency condition efficiently and thoroughly.

If you or a loved one gave birth to a fetus adversely impacted by meconium aspiration, call our team to discuss your legal rights.

What is a Meconium Aspiration?

Sometimes referred to as Meconium Aspiration Syndrome (MAS), this condition can arise when a baby inhales its meconium, or stool passed before delivery, into its lungs along with the meconium-stained amniotic fluid. Typically, a baby does not pass meconium until after birth. Meconium aspiration usually occurs when the baby suffers severe stress during labor and delivery due to problems with its placenta or a decrease in the mother’s blood and oxygen levels.

Although Meconium Aspiration Syndrome is a life-threatening complication that can adversely impact the lungs and brain, immediate treatment of the issue should lead to injury-free results. When treated promptly and effectively, meconium aspiration does not cause permanent complications or injury. However, many doctors and nurses fail to address the warning signs of meconium aspiration in a fast and thorough manner, resulting in brain damage or, in severe cases, asphyxiation of the baby.

Risk Factors and Warning Signs of Meconium Aspiration Syndrome?

An experienced doctor will check for the warning signs and risk factors associated with Meconium Aspiration Syndrome before and after birth. Documentation supports that stress or trauma during labor and delivery can cause a baby to inhale meconium-stained amniotic fluid. Common birth injuries and traumas associated with Meconium Aspiration Syndrome include:

  • Gestational Diabetes
  • Prolonged Labor
  • Oxygen Deficiency
  • Perinatal Asphyxia
  • Respiratory Distress
  • Fetal Hypoxia
  • High Blood Pressure
  • Low Apgar Score
  • Baby’s Skin, Nail Beds Or Umbilical Cord Being Stained Green

Medical care providers should recognize the warning signs and risk factors of meconium aspiration, which include the mother’s health during pregnancy, a pregnancy that has lasted long after the due date, and any other adverse event that can lead to oxygen deprivation in a newborn baby.

How Does the Treatment of Meconium Aspiration Syndrome Go Wrong?

If Meconium Aspiration Syndrome is not diagnosed promptly or treated adequately after birth, meconium aspiration can lead to severe infection, low heart rate, restricted breathing, and persistent pulmonary hypertension (PPHN). When medical providers in the labor and delivery room think that meconium aspiration has occurred, they are trained to immediately perform diagnostic tests, including X-rays of the lungs and chest and blood gas tests, to check for acidosis. Adequate treatment of meconium aspiration may necessitate using a ventilator, increased oxygen supply, and antibiotics administration.

Immediately following birth, the labor and delivery medical team must check the baby for dark green fecal matter, which indicates the likely presence of meconium in the lungs. Immediate action must be taken to prevent injury to the fetus, including:

  • Suction applied at the baby’s mouth, nose, and throat passages to remove the meconium
  • A tube inserted at the baby’s mouth or windpipe to clear meconium ingested in the lungs
  • Ventilation if the baby does not have sufficient oxygen flow to its lungs
  • Administration of nitric oxide to relax the baby’s lungs and allow increased oxygen flow

With immediate and effective treatment of meconium aspiration, the injuries associated with meconium aspiration can be mitigated and corrected. However, when a doctor or nurse fails to take immediate and appropriate action when dealing with the signs and symptoms of meconium aspiration, the fetus may suffer a severe birth injury, including:

  • Cerebral Palsy
  • Hypoxic Ischemic Encephalopathy (HIE)
  • Respiratory Distress
  • Seizures

Birth injuries and complications caused by Meconium Aspiration Syndrome can lead to severe and irreversible health problems for the baby.

What To Do If Your Child Suffered Meconium Aspiration?

After the tragic occurrence of a birth injury, a parent desperately needs to have a support system to help cope during such a difficult time. Among the many needs at this time are:

  • Support From Family – A bedrock support system in any tragedy involves help from close friends and family members. These individuals typically offer cooked meals, prayer, transportation, and other ways of helping. The affected parents can benefit emotionally and physically from letting family and friends maintain a close circle around them.
  • Mental Health Support – Without question, an infant’s birth injury brings with it mental anguish and stress. Some parents feel guilty and begin to blame themselves for what happened to their child at birth. It cannot be overemphasized how speaking with a mental health counselor can open up an avenue of relief and release for such feelings.
  • Legal Support – New parents may not feel comfortable pursuing a legal claim for their child’s injury. However, a concerned legal representative can help parents understand what “unknowns” may await as their child’s costly special needs continue to arise and develop over time. Typically, a consultation with an injury attorney is free of charge.

The tragedy of a child suffering from meconium aspiration caused by medical negligence should not be overlooked nor excused. The Eichholz Law Firm is passionate about pursuing help for such injured little ones and their beleaguered parents. If this discourse describes your situation, and you would like to have questions answered, our legal team can speak with you about filing a meconium aspiration lawsuit to hold the physician or hospital accountable.

How a Meconium Aspiration Lawsuit Can Help

Not surprisingly, it is common for an injured child’s parents to feel somewhat reluctant about pursuing a lawsuit. They may feel that a lawsuit would be far too stressful while simultaneously dealing with all of the requirements necessary to care for their child adequately. However, upon talking with an experienced birth injury attorney, the parents will find that their legal representative will help make the case far less stressful than imagined.

Regarding finances, a great deal of stress is relieved by discovering that many lawyers will handle the case on a contingency fee basis. This means the attorney gets paid from the settlement or verdict amount at the end of the case. Often, families have found that they are entitled to a significant amount of financial compensation for their child’s birth injury. This money can provide long-term finances to help meet past, present, and ongoing expenses.

A partial listing of damages that a meconium aspiration lawsuit can recover are:

  • Costs connected with physical therapy, rehabilitation, special medical equipment, and counseling
  • Medical expenses – past, present, and future
  • Loss of a parent’s wages while providing the disabled child’s care
  • Emotional distress, plus pain and suffering
  • Lost companionship and enjoyment

The facts in each given situation will determine what kind of damages can be pursued in a lawsuit. Among the factors considered will be the severity of the child’s injury. A qualified injury attorney can provide further clarification about damages.

Proving Medical Malpractice in a Meconium Aspiration Lawsuit

An attorney must establish specific elements to prove medical malpractice. These elements are:

  • Duty of Care – The named defendant must be the person or entity responsible for the infant’s medical care when the birth injury occurred. There may be more than one party involved. In obstetrics, a physician-patient relationship generally includes the mother and the unborn child. This relationship creates a duty of care for the doctor to adhere to medical standards toward the mother and child.
  • Breach of Duty of Care – Evidence must prove that the defendant breached the required duty of care. In other words, proof must be given that the healthcare provider did not meet medical standards.
  • The Breach Caused an Injury – Just showing that the defendant did breach the duty of care is not sufficient in a lawsuit. It must also be shown that this breach directly caused the child’s injury.

Steps After Filing a Meconium Aspiration Lawsuit

Each case is different, so the amount of time it takes to resolve a lawsuit can vary widely. Months or years may be involved. During this time, a skilled meconium aspiration lawyer will perform the following for the case:

  • Collect evidence
  • Interview all witnesses
  • Hire expert witnesses
  • Do extensive research into relevant laws and cases

Due to the complexity of birth injury cases, a great deal of time and dedication is required. Here’s where a highly skilled lawyer can help bring a sense of relief to the parents of an injured child because the legal representative will:

  • Exchange pertinent information with the defendant’s lawyer concerning the injury and surrounding details.
  • Get statements or procure testimony from parties concerning the circumstances surrounding the injury.
  • Attempt to negotiate a settlement with the defendant to help resolve the lawsuit without going to trial.
  • Take the case to trial if settlement negotiations are not successful. The date of the trial will depend on court scheduling, etc.
  • Present evidence at trial where a judge and jury will review it and hear testimony from witnesses. Afterward, the jury decides if the defendant’s negligence caused the injury.

Statute of Limitations

As with all medical malpractice cases, plaintiffs filing lawsuits must abide by the statute of limitations. This term refers to the date by which plaintiffs must file malpractice cases. Once this time period expires, victims of an accident or injury can no longer file a lawsuit to recover for their losses.

The statute of limitations for meconium aspiration cases can vary significantly from one state to the next. In some regions, cases must be filed within one year of the negligence-based incident. In other areas, parents are allowed to file lawsuits over five years after their child’s injury.

In Georgia, the general statute of limitations for a medical malpractice lawsuit is two years; however, some exceptions can either extend or shorten a patient’s time limit for filing a lawsuit.

Contact a Meconium Aspiration Lawyer

If you or a loved one gave birth to a baby diagnosed with meconium aspiration, give our team a call. The experienced birth injury lawyers at the Eichholz Law Firm have the experience and resources necessary to investigate your case and determine if medical malpractice caused your child’s birth injury. 

Our team of meconium aspiration lawyers and staff is available to answer your questions and help you secure adequate compensation for your child’s medical care and future related costs.

References

Please seek the advice of a medical professional before making health care decisions.
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