There are few things more frightening for a new parent than to see their newborn baby having a seizure. It is a terrifying event that immediately signals that something is seriously wrong. A neonatal seizure is not a disease in itself; it is a symptom, a distress signal from the brain that it has been injured. While there are several potential causes for seizures in a newborn, one of the most common and tragic is a brain injury that occurred during a difficult labor and delivery.
If your child began having seizures shortly after birth, you have been thrust into a world of medical uncertainty and profound fear. As you focus on your child’s immediate care, you are likely also searching for answers. How did this happen? Could it have been prevented? These are not just questions of curiosity; they are the first steps on a path toward understanding your legal rights and securing your child’s future.
This guide is for parents whose child has suffered neonatal seizures. We will explain the critical link between these seizures and a preventable birth injury, and what a medical malpractice claim looks like in Georgia.
What is a Neonatal Seizure?
A seizure is a sudden, uncontrolled electrical disturbance in the brain. In a newborn, seizures can look very different from those in an adult. They can be subtle and difficult to recognize. Signs of a neonatal seizure can include:
- Repetitive facial movements, such as eye-rolling, blinking, or sucking motions.
- Jerking or stiffening of a limb or the entire body.
- Periods of apnea, where the baby stops breathing for a short time.
- Staring spells or periods of unresponsiveness.
Any suspected seizure in a newborn is a medical emergency. It requires immediate investigation to determine the underlying cause. The most common cause of neonatal seizures is a type of brain damage called Hypoxic-Ischemic Encephalopathy (HIE), which is caused by a lack of oxygen and blood flow to the brain around the time of birth.
The Link to a Preventable Birth Injury
While some seizures are caused by genetic conditions or infections, a significant number are the direct result of a traumatic or oxygen-depriving event during labor and delivery. This is where medical negligence often enters the picture. A competent medical team is trained to monitor for signs of fetal distress and to intervene quickly to prevent a brain injury.
Neonatal seizures are often the first visible sign that such an injury has occurred. The seizure is the brain’s response to the damage it sustained when it was deprived of oxygen. Common negligent acts that lead to HIE and subsequent seizures include:
- Failure to Respond to Fetal Distress: Misinterpreting the fetal heart monitor or delaying a necessary C-section when the baby is clearly in trouble.
- Umbilical Cord Complications: Failing to properly manage a compressed or prolapsed umbilical cord.
- Trauma from Assisted Delivery: Improper use of forceps or a vacuum extractor that causes a brain bleed.
- Untreated Jaundice: A failure to treat severe newborn jaundice can lead to kernicterus, a type of brain damage that can cause seizures.
When neonatal seizures are traced back to one of these preventable events, the family may have a strong case for a medical malpractice lawsuit.
The Importance of a Thorough Investigation
To build a successful birth injury claim, your attorney must prove that the medical team’s negligence was the direct cause of the brain injury that led to the seizures. This is a complex process that requires a deep and immediate investigation.
Your legal team will work with a panel of medical experts—including obstetricians, neonatologists, and pediatric neurologists—to conduct a meticulous review of the medical records. They will analyze the fetal heart monitor strips, the delivery notes, and the results of all tests done on your baby after birth, such as an MRI or an EEG (which measures electrical activity in the brain). This investigation seeks to answer two critical questions:
- Did the medical team’s care fall below the accepted standard?
- Did this failure directly cause the brain injury and seizures?
Frequently Asked Questions (Q&A)
Q: My baby is on anti-seizure medication and seems to be doing better. Do we still have a case?
A: Yes. While medication may control the seizures, it does not cure the underlying brain injury. That injury can still lead to long-term disabilities like cerebral palsy or developmental delays that will require a lifetime of care. The lawsuit is aimed at providing the resources for long-term care.
Q: The doctors aren’t giving us straight answers about what caused the seizures. What can we do?
A: This is a very common and frustrating experience for parents. Hospitals and doctors are often not forthcoming when a mistake has been made. The only way to get real answers is to have an independent investigation conducted by a qualified legal and medical team that is working for you, not for the hospital.
Q: What is the purpose of a birth injury lawsuit?
A: A child who has suffered a brain injury resulting in a seizure disorder may need a lifetime of expensive medical care, therapy, and educational support. A lawsuit seeks to secure a financial recovery that will be there to meet those needs long after the parents are gone. It provides for the child’s future, and it holds the medical providers accountable for their negligence.
A Symptom of a Deeper Injustice
A neonatal seizure is a terrifying event, but it is also a critical clue. It is often the first sign that your child’s future has been compromised by a preventable medical error. While you focus on your child’s immediate health, it is essential to also consider their long-term needs and your legal rights.
Our compassionate and experienced birth injury lawyers are here to help you navigate this incredibly difficult journey. We have the resources and the expertise to uncover the truth and to fight for the justice and the financial security your child deserves. We invite you to contact us for a free, confidential consultation. Please visit our homepage to learn more about our commitment to helping families in Georgia who have been devastated by a birth injury.