A seizure in a newborn is never something to dismiss. Unlike seizures in older children or adults, most neonatal seizures do not look like the dramatic convulsions people expect. Many are subtle, and some produce no visible signs at all outside of an EEG.
Babies who suffer neonatal seizures face a higher risk of lasting harm, including cerebral palsy, epilepsy, developmental delays, and cognitive or motor impairment. Even when seizures resolve, the underlying brain injury may not become fully apparent until a child misses developmental milestones months or years later.
What Causes Neonatal Seizures?
The leading cause of neonatal seizures is hypoxic-ischemic encephalopathy (HIE), a brain injury caused by a lack of oxygen or blood flow to the baby’s brain during labor and delivery. Studies suggest HIE accounts for roughly 40% or more of all neonatal seizure cases.
Other causes include:
- Intracranial hemorrhage, or bleeding in the brain
- Stroke
- Infections of the central nervous system, such as meningitis
- Metabolic disturbances, including low blood sugar or abnormal electrolyte levels
- Congenital brain malformations
- Rare genetic epilepsy syndromes
When HIE is the cause, the underlying injury is frequently traceable to specific medical failures during delivery. In these cases, providers may have failed to recognize fetal distress or respond to a birth complication that cut off the baby’s oxygen supply for too long.
Recognizing the Signs of a Neonatal Seizure
Because most neonatal seizures are subtle, they are easy to miss without careful observation and monitoring.
Signs to watch for include:
- Repetitive blinking, eye deviation, or staring
- Lip-smacking, chewing, or other repetitive mouth movements
- Cycling motions of the arms or legs, similar to pedaling a bicycle
- Sudden stiffening or limpness
- Apnea, or a pause in breathing, without another explanation
Continuous EEG monitoring is considered essential for any newborn at high risk, including babies who experienced a difficult delivery or show signs of HIE.
Who Could Be Liable for a Neonatal Seizure Injury?
When a baby suffers neonatal seizures because of a preventable error during labor and delivery, more than one party may share responsibility. Depending on the circumstances, liability may fall on:
- The obstetrician who failed to recognize fetal distress or delayed a necessary emergency C-section
- Labor and delivery nurses who failed to monitor heart rate or failed to alert a physician to warning signs
- The neonatal team that delayed their diagnosis of seizures or failed to promptly beginanti-seizure treatment
- Anesthesiologists who committed medication errors during labor that contributed to the baby’s injury
Because a birth injury often results from a chain of decisions made by several providers, identifying every responsible party typically requires a detailed investigation into the care.
What Compensation Can Be Recovered Through a Birth Injury Claim?
Families affected by a preventable birth injury can pursue compensation for the economic and non-economic damages caused by the harm
Depending on the case, recoverable damages may include:
- Past medical expenses
- Ongoing procedures
- The cost of long-term care and therapy
- Assistive devices
- Lost income for a parent who must provide ongoing care
- Pain and emotional distress
- The child’s diminished future earning capacity
- Wrongful death damages in the most tragic cases
If you believe your child suffered a neonatal seizure due to medical negligence, you have rights. Contact an experienced neonatal seizure attorney for help understanding your legal options. Hampton & King offer free consultations.