No one wants to consider the risk of a child’s death when they discover that they’re pregnant. However, unborn children and newborns alike need comprehensive care if they’re going to live happy, healthy lives. Medical professionals who, for example, don’t monitor your child’s oxygen intake can let conditions like birth asphyxia go inappropriately addressed.
Birth asphyxia describes the process through which a child is denied essential oxygen while in the womb or throughout their delivery. Our birth asphyxia lawyers in Phoenix recognize that medical professionals need to be as attentive as possible during these processes. If you want to take a medical institution to court for your child’s birth asphyxia, we can help.
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The Effects of Birth Asphyxia on Children
Children who don’t receive enough oxygen during pregnancy or labor suffer from birth asphyxia. These children may not develop appropriately or even pass away. There are several forces that can deny your child their essential oxygen, including:
- Placental abruption
- Delayed delivery
- Pitocin overdose
- Umbilical strangulation
- Shoulder dystocia
- Inappropriate cesarean section procedures
While it may be impossible to prevent some of these conditions, there are others that stem from medical negligence. Shoulder dystocia, for example, and/or improper C-section procedures stem from a medical professional’s mistreatment of your child.
While birth asphyxia isn’t always a fatal condition, it can result in long-term disability. The National Library of Medicine hosts papers stating that children who endure birth asphyxia can struggle with learning disabilities that might otherwise not have impacted their lives.
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Reacting to Birth Asphyxia
If you believe your child endured birth asphyxia during gestation and/or delivery, keep track of your child’s symptoms. Recording these symptoms along with the conditions under which you gave birth or sought medical treatment can help you trace your child’s symptoms back to medical negligence.
The more evidence you have on hand when you submit your complaint, the easier it may be for you to argue for your right to compensation. Forms of evidence that you can submit alongside a written complaint can include:
- Footage of negligence
- Bystander testimonies
- Expert witness testimonies
- Opinions from unrelated medical professionals
- Data detailing the extent of your child’s losses
You can discuss other viable forms of birth asphyxia evidence with our birth asphyxia lawyers in Phoenix, AZ.
Who to Hold Liable for a Child’s Birth Asphyxia
You may be able to recognize the face of the person you believe to be liable for your child’s birth asphyxia. It’s rare, however, for parents to bring a lawsuit against an individual involved in a child’s care. Doctors, nurses, and affiliated parties are most often protected by their employers. As such, most birth asphyxia lawsuits have to target entire medical institutions.
Bringing a medical institution to court is not as impossible as it seems. Our team knows how to address the oversights allowed by medical complexes. We can ensure that the applicable parties take your concerns seriously.
The only time the target of your lawsuit might change is when your case involves a traveling nurse. Traveling nurses operate similarly to independent contractors, thus resulting in limited legal protection. We can help you determine what your lawsuit might look like if you believe a traveling nurse’s negligence resulted in your child’s birth asphyxia.
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Requesting Compensation After a Child Suffers Birth Asphyxia
As a parent, you can advocate for both your and your child’s right to financial compensation after a birth asphyxia accident. This is the case whether your child survives the incident or doesn’t. Our team can give you the tools to request birth asphyxia damages that cover your:
- Medical expenses related to your child’s birth
- Medical expenses needed to contend with your and your child’s recovery
- At-home care
- Medical aids and/or related medication
- Lost opportunities to work
- Reduced and/or lost wages
- Wrongful death and funeral expenses
Your access to this compensation may be limited after your case concludes. You can talk to a Phoenix birth asphyxia attorney about what percentage, if any, of your settlement may need to be set aside for your child’s later use. We can make sure you have the means to address your immediate financial concerns while also protecting your child’s future.
When to File a Birth Asphyxia Claim
The deadline placed on birth asphyxia claims balances the rights of the child with the rights of their parents. Where the personal injury statute of limitations might normally apply to your case, cases involving injury to a child see that deadline extended until two years after the child turns eighteen.
Until a child turns eighteen, their parents have the right to pursue medical malpractice lawsuits on their behalf. After a child turns eighteen, that child has two years, under Arizona’s personal injury statute of limitations, to take legal action.
The only time this deadline changes is when a birth asphyxia claim involves wrongful death. In these cases, parents’ time to file may be limited to Arizona’s two years. You can work with our attorneys to determine how Arizona Revised Statutes §12-542 and other applicable legislation may apply to your case.
How to File a Birth Asphyxia Claim
If you want to take legal action against a medical institution on the grounds of birth asphyxia, do not wait to contact an attorney. Our birth injury lawyers can stand with you from the get-go and make sure that a medical institution doesn’t try to deny you access to the financial support you deserve.
To bring your claim to the attention of the appropriate parties, you can:
- Declare the party you want to hold liable with evidence on hand
- Calculate an estimate of your possible compensation
- Format your claim in accordance with state standards
- Submit said claim within Arizona’s applicable statute of limitations, as applicable in cases involving a minor’s injuries
Birth Injury Lawyers Give You the Tools to Hold Medical Institutions Accountable for a Child’s Injuries
When you go to medical professionals for help giving birth, you want to know that those professionals will do everything in their power to keep your child healthy. Professionals whose negligence impacts your child’s quality of life deserve to be held accountable for their oversights.
If you want to take action against an institution in the wake of your child’s birth asphyxia, call our birth injury lawyers. Our birth asphyxia attorneys in Phoenix are prepared to go to war for you. You can learn more about the best approach to your birth asphyxia case during an initial case consultation. Contact us online or by phone to schedule your appointment.