When medical negligence causes or contributes to the severity of birth asphyxia, the responsible medical provider may owe the victim’s family compensation for:
- All costs of medical treatment
- The parents’ lost wages
- Non-economic damages like pain and suffering
The Birth Injury Lawyers Group can assign a Glendale birth asphyxia lawyer from our firm to build your case and help you fight for compensation. To learn more about what your case may entail and how we can help, call the Birth Injury Lawyers Group today at (800) 222-9529.
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What to Expect When Hiring a Lawyer
When you work with the Birth Injury Lawyers Group, a Glendale birth asphyxia lawyer from our firm will become your personal representative and begin building your case.
Your lawyer can:
- Speak with other parties involved in your case for you—you will not need to answer calls or fill out paperwork during representation
- Help you figure out how much your child’s medical expenses may cost in the future
- Gather evidence that depicts the value of your family’s damages
- Hire a medical expert to offer testimony regarding medical care standards and your child’s prognosis
- Put together and submit your insurance claim and medical malpractice lawsuit
- Negotiate with the insurance representatives of the responsible party for a settlement that compensates you fairly
- Present any settlement offers to you for acceptance or rejection
- Bring your case to trial and argue your rights before a judge or jury if necessary
Your lawyer will also give you the advice and information you need to make important decisions in your case.
Our Payment Structure
The Birth Injury Lawyers Group works for a contingent fee, meaning our clients do not pay us upfront or hourly. Instead, we work for a percentage of their settlement or court award.
If we are unable to help our clients recover compensation, they don’t owe us attorney fees.
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Types of Damages that May Be Available in a Birth Asphyxia Case
Medical malpractice victims have the right to sue for the harm a doctor’s negligence caused and its impact on their life. In a birth asphyxia case, this might include:
- All costs of current and future medical treatment
- Expenses for medical equipment, home modifications, and specialized educators or caregivers
- Lost wages for either parent
- Pain and suffering
The Birth Injury Lawyers Group knows what types of damages may be available in a birth asphyxia case. We will carefully review your specific situation when calculating your damages.
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How Do You Know if You Qualify for Compensation?
If a doctor fails to treat a medical concern in the mother or child prior to, during, or after delivery and injuries occur, it may qualify as medical negligence.
When it comes to birth asphyxia, this might include situations where:
- Medical conditions like low blood oxygen content or blood pressure in the mother go undetected during prenatal care.
- Medical conditions like anemia or respiratory problems in the baby go undetected upon delivery.
- The doctors fail to take available measures to prevent a difficult childbirth process.
- The doctors fail to identify birth asphyxia and begin treatments promptly.
There are other ways that medical negligence may cause or contribute to birth asphyxia injuries as well. When medical malpractice causes birth asphyxia, the family can sue for damages that cover resulting injuries.
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Rules in Arizona Medical Malpractice Cases
The following laws apply to medical malpractice cases in Arizona:
Evidentiary Requirements
Medical malpractice cases require the plaintiff to bring in an expert, third-party witness to testify that malpractice caused their injuries. This expert must specialize in the same field as the defendant.
The reason for this requirement—which is further detailed in Arizona Revised Statutes (ARS) §12-2602 and ARS §12-2604—is that medical negligence occurs when a provider’s actions fall below the reasonable medical standard of care. The expert witness can help explain:
- What the medical standard of care is
- How the defendant’s actions did not meet it
- How failure to meet the standard of care injured the plaintiff
The Deadline to Sue
Medical malpractice victims typically have two years to submit their lawsuit, per ARS §12-542.
However, when it comes to birth injuries, this deadline may be extended. ARS §12-502 generally gives medical malpractice victims under 18 until their 20th birthday to sue. This rule can potentially benefit families who do not discover their child’s birth injuries until further into their childhood.
Let the Birth Injury Lawyers Group Start Working for You
A Glendale birth asphyxia lawyer from the Birth Injury Lawyers Group can support your family through this challenging time and fight for compensation on your behalf.
We offer free case reviews to all prospective clients. Call us today at (800) 222-9529 to learn more about your rights and your legal options from our client intake team. The sooner you call, the sooner we can start working for you.
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