How an Apgar Score Can Affect Your Medical Malpractice Claim

 Posted on January 29, 2025 in Personal Injury

About three babies are born with birth injuries every hour across the United States, or about seven babies in every 1,000 deliveries. Many families are left wondering whether a mistake made by a medical provider caused or contributed to their baby’s birth injury. If medical negligence caused a birth injury, a medical malpractice claim can help the family get the medical assistance the child needs now and in the future.

Birth injuries tend to be more common in males than females because males are often larger. About 80 percent of all birth injuries are considered moderate to severe, and birth injuries are the 4th-leading cause of death among infants. Perhaps your baby suffered a birth injury as a result of medical malpractice. While there are many different factors associated with a medical malpractice claim, you may wonder whether your baby’s Apgar score is one of those factors.

Medical malpractice claims can be extremely complex, particularly those that deal with birth injuries. While no amount of money can change what happened to your baby, money allows you to ensure your child has the very best care and services throughout his or her life. An experienced Plainfield, IL medical malpractice lawyer can guide you through the process while answering all your questions.

What Is an Apgar Score?

When a baby is born, the doctor performs a rapid assessment of its health to determine whether any intervention is needed. While Apgar scores are not specifically used to predict long-term health outcomes, they could correlate to a birth injury. The Apgar was first used in 1952 to measure five functions, with scores ranging from zero to two.

 These five functions include appearance, pulse, grimace (reflexes), activity, and respiration. For example, a baby with pale blue skin receives a zero for appearance; blue extremities result in a score of one, and pink skin throughout results in a score of two. A score of seven to 10 means that every function is as it should be. A score of four to six is considered moderately abnormal, and a score of zero to three is considered low.

Do Low Apgar Scores Indicate Birth Injury?

A normal Apgar score does not necessarily mean a baby has not experienced a birth injury and a low Apgar score does not mean there is a birth injury. An Apgar is assessed at one minute at birth and again at five minutes. Most infants improve in those five minutes, but a low five-minute Apgar has been associated with cerebral palsy. The longer the Apgar score remains low, the more likely a birth injury is present. Low scores may indicate:

• Hypoventilation
• Metabolic acidosis
• Cardio-respiratory arrest
• Sepsis
• Lack of a clear airway
• Hypoxic-ischemic encephalopathy
• Depression of the central nervous system

Apgar Score and Medical Malpractice Claims

A low Apgar score can be the first sign of a birth injury. Harm occurring before, during, or shortly after birth can lead to a birth injury. If an infant is not properly assessed, a birth injury can happen. A low Apgar score is part of a child’s medical record and can support your birth injury claim, potentially pointing to nerve damage during birth, intracranial hemorrhage during birth, organ damage, internal bleeding, or oxygen deprivation during birth.

A low Apgar score could provide helpful evidence when a birth injury does not become apparent until years later. A mother who experienced preventable complications during pregnancy, labor, or childbirth, followed by a low Apgar score, could use these facts during a medical malpractice birth injury claim. Low Apgar scores can potentially indicate:

• Failure to diagnose and treat maternal infections
• A slow response to signs of fetal distress
• Misdiagnosed gestational diabetes
• Failure to perform a timely C-section
• Inadequate fetal monitoring
• Improper breech delivery
• Inadequate care in the first moments after birth

Contact a Will County, IL Medical Malpractice Lawyer

If your baby has suffered a birth injury, an experienced Plainfield, IL medical malpractice attorney from Flaherty Law, LLC can help. Attorney Flaherty began his career in insurance defense litigation, representing those in personal injury and property damage issues, and has extensive medical malpractice experience. Call 815-577-7500 today to schedule your free consultation.