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Newborn Seizures Lawyers
There are few things as terrifying for a new parent than watching their baby seize for the first time. Depending on the type of seizure an infant experiences, they may go limp, experience tremors, or display muscle spasms.
Watching your child enter into an altered state of consciousness or seeing them lose control of their body is acutely frightening. But when the seizure is over and you begin to wonder what might have caused it, you may discover you have much more to worry about.
A seizure in an infant is most likely the effect of brain damage from a traumatic childbirth, a congenital birth defect, or an infection. Whatever the cause, all infant seizures are the result of abnormal electrical signals in the brain that may indicate a birth injury and/or cause additional injuries to the newborn.
Seizures in newborns.
What types of seizures could a newborn experience?
There are a variety of ways to categorize seizures depending on the part of the brain that is affected and/or the symptoms of the seizure. Previously referred to as either “petit mal” seizures or “grand mal” seizures, the medical community now divides them into partial seizures or generalized seizures.
Partial seizures include:
- Simple focal seizures - usually involving the occipital lobe at the back of the head. These seizures cause muscle spasms in isolated muscle groups. They can also cause autonomic, somatosensory, or psychic symptoms.
- Complex focal seizures - abnormal electrical messages in the temporal lobe of the brain cause the infant to lose consciousness or experience impaired consciousness.
Generalized seizures include:
- Subtle seizures - the most common type of newborn seizure, the infant may experience changes in breathing patterns or facial movements, brief rigidity or moments jerking, inability to focus eyes, become less alert.
- Atonic seizures - cause a sudden loss of muscle tone that creates limpness and usually results in a non-responsive state.
- Tonic seizures - which cause muscles to become rigid and stiff.
- Myoclonic seizures - the infant twitches or jerks a part or all of their body.
- Clonic seizures - the infant experiences convulsions (rhythmic jerks or shakes).
- Tonic-clonic seizures - rigidity is followed by convulsions.
- Infantile spasms - occurring in infants under six months of age, as the baby falls asleep or wakes up (s)he may experience sudden spasms in a part or all of the body.
What causes newborn seizures?
Seizures are most common in the first year (and especially the first month) of an infant’s life. Pre-term babies and babies with low birth weights are also at a higher risk for experiencing seizures. Although some seizures may be caused by genetics or issues with metabolism (low levels of calcium, magnesium or glucose in the blood), birth injuries are a major cause of this condition:
- Fetal stroke, a disruption of blood flow to the brain between 14 weeks after conception and the onset of labour, can cause postnatal epilepsy and Cerebral Palsy-related seizures. Perinatal strokes, which occur later in pregnancy (at about 20-22 weeks of pregnancy to the end of the first month after birth), are more common. And the risk of stroke is likely greatest in the week surrounding delivery.
- Oxygen deprivation during labour, delivery, and in the period immediately following birth is likely the most common cause of brain injury during childbirth. Unlike strokes which generally occur in one half of the brain, hypoxia and ischemia cause cell death, damage in the entire brain and cerebral dysplasia or dysgenesis.
- Head trauma during or immediately after the delivery can also result in brain damage and seizures. Most often this trauma occurs during difficult births where extraction devices such as vacuums or forceps are used to pull the baby out. When used improperly or if too much force is exerted, these instruments can cause skull fractures, hydrocephalus and hematomas.
- Postnatal infections such as meningitis or encephalitis can also cause seizure-related brain damage. Group B strep is an especially common maternal infection that affects as many as one in four pregnancies and is strongly linked to seizures. Untreated infections in newborns that result in fevers increase the risk of seizures.
How are infant seizures diagnosed?
Different types of seizures are often linked to different causes or syndromes. Partial seizures tend to be caused by an injury as a result of brain damage while idiopathic epilepsy syndromes tend to cause generalized seizures. More than three in four children who have seizures have experienced more than one type, and one type of seizure can progress to a different type over the course of a child’s life.
To determine what injury or condition is causing the seizures, a doctor may perform an electroencephalogram (EEG) to measure electrical activity and impulses in the brain. Multiple EEGs may be required for the doctor to observe what brain activity looks like between seizures. When EEGs appear normal, magnetic resonance imaging (MRIs) or computerized tomography (CT) may be used to determine if structural damage or obstructions are causing the seizure.
Treating infant seizures.
Treating neonatal seizures depends on the type, age of onset, cause and whether the child has other medical conditions. If the baby experienced a lack of oxygen during delivery (hypoxic ischemic encephalopathy), they may undergo hypothermic treatment to cool the brain and body for several hours or days following the adverse event. Cooling the brain and body has been found effective to limit brain damage in some cases.
If the seizures are thought to be epileptic episodes, anticonvulsants may be prescribed. These include:
- Phenobarbital.
- Phenytoin.
- Clonazepam.
- Zonisamide.
- Stiripentol.
- Carbamazepine.
- Levetiracetam.
- Lamotrigine.
- Sodium valproate.
- Vigabatrin.
- Pyridoxine.
Some types of seizures may become less frequent or disappear with age, while others remain a life-long affliction.
Should I consult a birth injury lawyer?
Many types of seizures are evidence of a brain injury. Asking how this injury occurred and whether it could have been prevented are the first steps in determining whether another person’s negligence caused or contributed to this tragic situation.
If you believe your baby’s seizures are related to a complicated and challenging delivery, improper or insufficient prenatal or postnatal care, other actions or inaction on the part of your doctor, midwife, or other medical providers, they may be liable for damages for your losses and you might want to contact a medical malpractice lawyer.
Medical professionals must adhere to standards of care which are designed to minimize risks of adverse outcomes. For obstetrics, these include:
- Careful monitoring of maternal and fetal health during pregnancy, and following up on any abnormalities.
- Screening an expectant mother for conditions which pose a risk for a vaginal delivery, including maternal infections such as StrepB.
- Monitoring the fetus for signs of stress during labour, and acting decisively if a caesarean section is needed.
- Using appropriate care if pulling the baby from the birth canal or using equipment such as vacuums or forceps.
- Checking for signs of complications after birth, such as meconium aspiration syndrome and monitoring for signs of infection.
Mistakes can happen and medical professionals are not held to a standard of perfection. But if their negligence has caused your baby serious harm, you should be able to receive compensation and damages for all that you’ve lost.
Gluckstein Personal Injury lawyers can help.
When you contact a member of our brain injury lawyers team for a free, no obligation consultation, you will soon see that Gluckstein Personal Injury Lawyers cares about you and your family beyond a potential legal case. As a firm committed to providing full-circle care, we want to do whatever we can to help your child live his or her best life possible, and to help you and your family heal from this trauma.
After listening to your story with empathy and interest, we will explain your rights and outline some of the ways you may choose to proceed. If you decide to pursue a medical malpractice suit with us, we will take time to ensure you understand the process. When we take on a case, we believe we stand a good chance at success. That’s why we only get paid if we help you achieve a settlement or court award. We cover the costs as we pursue justice for you.
If you want a sense of closure as you and your family move forward on a journey to healing, contact Gluckstein Personal Injury Lawyers to learn how we can help.
Related Expertise.
FAQs.
- What is Hypoxic Ischemic Encephalopathy (HIE)?
- Hypoxic Ischemic Encephalopathy (HIE) is a brain injury caused by oxygen deprivation (hypoxia) and reduced blood flow (ischemia) to the brain, typically occurring around the time of birth. HIE can be caused by factors such as complications during childbirth, umbilical cord issues, placental abruption, maternal infections, fetal distress, or other conditions that restrict oxygen supply to the baby's brain. Get More Information
- What are the long term effects of birth injuries?
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Birth injuries can have lasting effects on a child's health and well-being, leading to various long-term consequences such as:
- Physical Disabilities: Birth injuries like cerebral palsy, Erb's palsy, or brain damage can result in long-term physical disabilities that may affect mobility, coordination, and overall physical function.
- Cognitive Impairments: Some birth injuries can impact cognitive development, leading to learning disabilities, developmental delays, or intellectual impairments that persist into adulthood.
- Emotional and Behavioral Challenges: Children who experience birth injuries may face emotional and behavioral challenges such as anxiety, depression, attention deficit hyperactivity disorder (ADHD), or other mental health conditions.
- Chronic Health Conditions: Certain birth injuries may predispose individuals to chronic health conditions like epilepsy, respiratory problems, vision or hearing impairments, and other ongoing medical issues.
- Social Impact: Birth injuries can influence social interactions and relationships, potentially leading to feelings of isolation, difficulties forming connections, or challenges in social integration.
- Educational Needs: Children with birth injuries may require specialized educational support, individualized learning plans, or assistive technologies to accommodate their unique needs and facilitate academic progress.
- Financial Burden: The long-term effects of birth injuries can impose a significant financial burden on families due to healthcare expenses, therapy costs, assistive devices, and ongoing care requirements.
Understanding the potential long-term effects of birth injuries is essential for parents, caregivers, and healthcare providers to ensure early intervention, appropriate treatment, and necessary support to help children thrive despite the challenges they may face. If you suspect that your child has suffered a birth injury, seeking medical evaluation and legal guidance promptly can help address the long-term implications effectively.
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- Who can be sued for a birth injury caused by medical negligence?
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In cases of birth injury resulting from medical negligence in Ontario, various entities may face legal action, including:
- Healthcare Providers: This category encompasses obstetricians, midwives, nurses, and other healthcare professionals directly engaged in prenatal care, labor, or delivery services.
- Hospitals or Medical Facilities: The institution where the birth injury occurred could be deemed liable, particularly if their policies, practices, or inadequate equipment contributed to the negligent circumstances.
- Medical Staff: Individual healthcare workers whose actions or oversights led to the birth injury can be held accountable.
- Pharmaceutical Companies: If medication or medical devices played a role in the birth injury due to defects or improper use, pharmaceutical companies might be implicated in the legal proceedings.
- Third Parties: External entities such as medical equipment manufacturers, maintenance contractors, or other involved parties in the birthing process that contributed to the negligence leading to the birth injury.
To ascertain responsibility in cases of birth injury caused by medical negligence, a comprehensive investigation, legal acumen, and collaboration with medical experts are essential. If you suspect that your child has suffered a birth injury due to medical negligence, seeking guidance from a specialized birth injury lawyer in Ontario is recommended. They can assess your situation, identify the responsible parties, and assist you in navigating the legal process to pursue rightful compensation
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- Why should I hire an Ontario birth injury lawyer?
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Hiring a birth injury lawyer in Ontario can be crucial for several reasons:
- Legal Expertise: Birth injury cases can be complex, and an experienced lawyer specializing in this area understands the laws and regulations specific to birth injuries.
- Maximizing Compensation: A skilled lawyer can help you seek the maximum compensation you deserve for medical expenses, ongoing care, pain and suffering, and other damages.
- Investigation and Evidence Gathering: A lawyer can conduct a thorough investigation, gather evidence, and consult with medical experts to strengthen your case.
- Navigating the Legal Process: The legal process can be overwhelming, but a lawyer will guide you through each step, ensuring your rights are protected.
- Peace of Mind: By entrusting your case to a knowledgeable lawyer, you can focus on your family while knowing that your legal matters are in capable hands.
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- What is the deadline for filing a birth injury claim?
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In Ontario, there are limitations on how long you have to file a birth injury lawsuit, known as the statute of limitations. It's crucial to consult with a lawyer promptly to understand your legal options and ensure timely action is taken to protect your rights.
For personalized guidance on your specific situation, we recommend reaching out to a reputable birth injury lawyer in Ontario for a consultation.
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- What type of cases do birth injury lawyers take on?
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Birth injury lawyers in Ontario handle a wide range of cases, including but not limited to:
- Cerebral Palsy
- Erb's Palsy
- Brachial Plexus Injuries
- Brain Damage
- Shoulder Dystocia
- Hypoxia
- Bone Fractures
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- What is a birth injury lawyer?
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A birth injury lawyer is a legal professional who specializes in cases where an infant has been injured during the birthing process due to medical negligence or malpractice. These lawyers have a deep understanding of the complex medical and legal issues involved in birth injury cases and work to help families receive compensation for the physical and emotional damages suffered. Birth injury lawyers can assist with cases involving various types of birth injuries.
If you're considering a medical negligence lawsuit following a birth injury, a specialized lawyer in this field can provide meaningful advice and direction after reviewing the medical records and the specifics of the case.
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- What causes seizures right after birth?
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The underlying causes of neonatal seizures vary. They include:
- Lack of oxygen before or during birth;
- Infection acquired before or after birth;
- Stroke before or after birth;
- Blood clot or bleeding in the brain;
- Birth defects;
- Chemical imbalances;
- Metabolic disorders;
- Drug withdrawal.
About half of babies who experience seizures after birth will develop epilepsy later in life.
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- Can a traumatic birth cause seizures?
- Yes, children born prematurely or those who experience very difficult births are at an increased risk of suffering brain injuries that may lead to seizures in the first weeks of life. Get More Information
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