When a family discovers their child is autistic, it can be a difficult transition. Autism often accompanies other conditions that may mean the child has high support needs, and the costs to meet those sometimes very specialized needs can add up.
Thorsnes Bartolotta McGuire understands that this can take a toll on a family, and our medical malpractice attorneys are ready to help you recover the compensation your family deserves.
Recent research shows that autism is genetic, but it is often found alongside other conditions related to birth injuries. If you believe your child has suffered as a result of a birth injury caused by your physician’s negligence, don’t delay getting the help you deserve. You can contact us online or call us at (619) 236-9363.
Understanding Causes of Autism
A comprehensive understanding of autism and its cause is something that physicians and scientists have long been in search of.
Some of the most recent research suggests that autism is a heritable genetic condition. The UCLA School of Medicine reports that between 200 and 1000 genes may be responsible for Autism Spectrum Disorders (ASD).
Researchers believe that as many as 80% of autism cases are inherited from their family, and the other 20% are due to more random genetic mutations.
However, along with these discoveries of autism and heritability, scientists have also developed a better understanding of how trauma can affect gene expression.
This connection means that you may have a child predisposed to autism, and a traumatic event such as a significant birth injury may alter the expression of the genes associated with the disorder, resulting in its development.
Can Autism Be Caused by Birth Trauma?
Birth injury occurs when a baby is injured during the birth process. Sometimes, this can be unavoidable and may happen with the most competent doctor attending the delivery. In other cases, it can be caused by a negligent physician.
Not every birth injury is due to negligence or causes lasting damage. However, the prevalence of medical mistakes is higher than we may think. Obstetrics and Gynecology (OB/GYN) is one of the medical fields where doctors are most likely to face lawsuits.
Additionally, a study by Kaiser Permanente the following year discovered that children who suffered birth injuries were 10% more likely to develop ASD, compared to children who did not.
Also, that same study found that children who experienced complications both before and during labor had a 44% higher chance of developing autism.
According to the study, the birth injuries linked to the highest association with autism include:
- Oxygen deprivation.
- Preeclampsia, which is a pregnancy complication marked by high blood pressure and damage to other organs.
- Premature separation of the placenta from the uterus.
- Breech/transverse fetal presentation, meaning the baby is positioned sideways or feet-first (breech) in the womb instead of head-down.
- Fetal dystocia, which refers to a difficult birth due to the baby being too large or in an unusual position.
- A prolapsed umbilical cord, meaning the cord has slipped down into the birth canal and is exposed.
The trauma a baby suffers at birth can, unfortunately, shape and impact their entire future, as these injuries may increase the risk of developing autism.
Cerebral Palsy and Autism
The study done by Kaiser Permanente is commonly cited to show connections between autism and other conditions, such as cerebral palsy (CP).
Even the Cerebral Palsy Guide reports that the prevalence of autism in the general population is around 1%, while the prevalence in children with CP is as much as 8%. While this shows an interesting connection with this common birth injury, research has yet to show a firm causal link.
Certain instances of cerebral palsy can result from complications during labor and delivery. This may occur when a doctor misuses forceps or a vacuum extractor, both tools used to assist with delivery.
Additionally, failure to recognize birth asphyxia, where the baby’s oxygen supply is briefly interrupted, can also contribute to the risk of developing cerebral palsy.
Vacuum Birth and Autism
Sometimes, a birth injury can include slight bruising or swelling due to the use of vacuum suction or forceps, which are considered typical risks. However, some cases of birth injury caused by using vacuum suction can result in lasting damage.
If a vacuum extractor is applied incorrectly, it can create excessive pressure on the baby's head, potentially leading to injury, like cerebral palsy.
Can a Lack of Oxygen at Birth Cause Autism?
Severe birth injuries that might happen because a doctor or nurse made a mistake can include brain injuries, which can cause conditions like cerebral palsy. Research shows that about 7% of children with cerebral palsy also have autism.
Some of these conditions can result from oxygen deprivation, whether that be a missed diagnosis, negligence in monitoring the baby’s vitals, or errors in medication administration.
Although certain brain injuries are quickly resolved through brain plasticity, some cases that result in more tissue damage may leave the brain unable to heal or create new neural pathways to compensate for the injury.
Medication Errors
Medication errors are a common source of medical malpractice lawsuits in general, and they can also cause significant injury in pregnant and birthing individuals.
A common medication that may be provided in labor is Pitocin, a synthetic form of oxytocin used to induce labor or increase the frequency or efficiency of contractions. This is generally a safe medication when used appropriately and in appropriate doses, but it can have life-threatening consequences if physicians make any mistakes.
Some of the consequences of Pitocin misuse can be uterine rupture and fetal distress. Both conditions can result in oxygen deprivation in the baby, causing anoxic brain injury and cerebral palsy mentioned above.
Considering this connection between autism and conditions known to be caused by a birth injury, you may want to speak with an attorney if your child has received an autism diagnosis and also experienced a birth injury.
Our team at Thorsnes Bartolotta McGuire understands the anger that comes with finding out that something beyond your control may have forever changed your child’s path in life and your family’s journey along with it. Contact us online or call (619) 236-9363 to learn more about how compensation for your child’s injuries may provide the financial means to provide them with the care they deserve.
What Are Your Rights After Suffering a Birth Injury?
When we see a doctor, we trust in their education, experience, and attention to detail. Many of us don’t consider whether our doctor has been sued for medical malpractice before.
If a negligent physician has already victimized you and has left your child with cognitive impairments or developmental delays, you may be wondering about your options for recourse.
The first step is to report the incident to the facility that oversaw your care. You may choose to partner with an attorney at this point as well. If you cannot agree on fair corrective action, you may be eligible to file a lawsuit.
Also, it’s important to keep in mind the statute of limitations in your area. The amount of time you have to file a lawsuit in your state varies depending on the specifics of the injury and when it was identified.
Thorsnes Bartolotta McGuire Is Here for Your Family
Thorsnes Bartolotta McGuire has decades of experience fighting for those injured by negligent medical care or emergency management. In that time, we recovered over two billion dollars in settlements and verdicts.
If your child has been harmed by negligence from a healthcare provider, pursuing a medical malpractice lawsuit may provide the necessary resources to ensure your child gets the services to improve their functioning and quality of life.
Call Thorsnes Bartolotta McGuire today at (619) 236-9363 or reach out to us online for a free consultation.