Every mother expects to hear their child cry after birth. While a silent birth is unideal, some medications (administered through the mother) can cause some newborns to react slower than usual. Mothers should trust that their doctors will keep the newborn safe.
In cases with apparent signs of distress in newborns (e.g. not crying upon birth), medical teams must respond promptly and properly. Failing to do so could lead to long-term medical conditions, effectively impairing a child’s development and quality of life.
Any injuries incurred, by either mother or child, while under the care of their doctor may be compensated through medical malpractice claims.
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Why Do Babies Cry at Birth?
Crying at birth serves as a vital sign for medical professionals. It indicates the newborn's respiratory function, neurological status, and overall vitality. So if a newborn doesn’t cry at birth, it may be a sign of underlying issues. Furthermore, crying upon birth allows newborns to kickstart various systems of their bodies.
Human babies also cry at birth to clear amniotic fluid from the lungs. It is their means to signal their ability to breathe independently and oxygenate their blood, a crucial milestone in adapting to extrauterine life.
Various hypotheses have been made on why human babies cry when they are born. Given how babies cry when they are uncomfortable, crying upon birth may simply mean that the newborn is looking for its mother’s warmth – after all, this warmth is what the baby has grown accustomed to prior to birth.
Evaluating Your Baby’s Well-Being After Birth
Medical teams have the responsibility to monitor and evaluate newborns thoroughly. Various tests have been developed to monitor a baby’s health at various points of their early life. One of these tests is the APGAR test – which are tests conducted at 1 and 5 minutes after birth.
The Apgar score is a quick assessment of a newborn's condition immediately after birth. It was developed by Dr. Virginia Apgar in 1952. APGAR stands for:
A - Appearance (skin color)
P - Pulse (heart rate)
G - Grimace (reflex irritability)
A - Activity (muscle tone)
R - Respiration (breathing effort)
Each category is scored on a scale of 0 to 2:
| 0 | 1 | 2 | |
| Appearance | Blue or pale all over | Blue at extremities, body pink | Completely pink |
| Pulse | Absent | Below 100 beats per minute | Above 100 beats per minute |
| Grimace | No response | Grimace | Cry or active withdrawal |
| Activity | None, limp | Some flexion of arms and legs | Active motion |
| Respiration | Absent | Weak, irregular, or gasping | Strong cry |
The scores are then totaled, with 10 being the highest possible score. A score of 7-10 is considered normal, 4-6 may indicate some distress, and 0-3 indicates severe distress requiring immediate medical intervention.
Apart from the Apgar test, medical teams can also use the following to evaluate a newborn’s well-being:
- Physical Exams
- Vital Signs
- Neurological Assessment
- Screening Tests
- Blood Tests
- Weight and Measurements
- Jaundice Screening
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Medical Malpractices that Lead to Birth Injuries
Medical providers oversee the entire journey of pregnancy and childbirth, ensuring the health of both mother and baby. They monitor fetal development, manage maternal health, provide guidance, prepare for delivery, facilitate safe childbirth, and offer immediate newborn and postpartum care. Their role should encompass both medical expertise and supportive care.
Any sort of professional negligence increases the chance of birth-related injuries for both mothers and their babies. All birth injuries incurred while under the care of a medical provider may be compensated. Some common medical malpractice committed by doctors include:
- Failure to diagnose or treat preeclampsia
- Improper use of forceps or vacuum extractors during delivery
- Delayed response to fetal distress signals
- Mismanagement of gestational diabetes
- Failure to perform a timely C-section when necessary
- Inadequate monitoring of maternal vital signs during labor
- Medication error
All medical expenses (past and future) are considered in a medical malpractice claim. In birth injury cases, compensation ensures that an injured child is provided with all the necessary support for their growth and development.
Apart from medical expenses, other economic and non-economic losses are also factored in. Lost income, emotional trauma, and decreased quality of life are some of the more common considerations. For actual compensation figures, please refer to our previous wins.
Speak to a Birth Injury Lawyer Today
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
