Perinatal asphyxia occurs before labor, during labor, during delivery, or after birth. A baby deprived of oxygen at birth may develop brain damage or die. Prompt diagnosis and treatment by the doctor can help reduce these risks. If you suspect your baby was injured or died because of asphyxia, speaking with an experienced Tucson birth injury lawyer is a great option.
If your child was injured by birth trauma, contact our law firm as soon as possible. We have a network of medical experts who can review the case and determine whether your doctor followed accepted standards of care. However, continue reading for more information about birth injuries and asphyxia.
What Is Birth Asphyxia?
When it comes to birth injuries, birth asphyxia is a serious one that your child could unfortunately experience. Asphyxia is a birth injury in which an infant does not receive the proper amounts of oxygen, usually due to an oxygen deficiency in the blood or insufficient blood flow to the fetus or newborn.
Some of the causes of birth asphyxia include:
- Not receiving enough oxygen from the mother’s blood during birth
- Placenta separation issues
- Long and difficult deliveries
- Serious infections that the mother experiences before labor
- Too high blood pressure in the mother while giving birth
- The child’s airways blocked during labor
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How Can an Asphyxia Injury Lawyer in Tucson Help My Claim?
It’s crucial that your child’s asphyxia was, in fact, caused by medical malpractice. The attorney from our team that you choose will thoroughly investigate all the evidence pertaining to your baby’s birth injury by consulting with colleagues in the medical profession who serve as a resource for the technical information needed to determine whether malpractice occurred.
Evidence may include:
- Warning signs that your child was not getting enough oxygen
- OBGYN reports
- Labor and delivery flow sheets
- Diagnostic tests
- Drugs administered during birth
Healthcare providers make mistakes, which can sometimes lead to birth injuries. To learn the true cause of the birth injury, you should identify all sources of liability and hold the parties responsible accountable.
Within each case, your lawyer will examine the specifics and details of your claim, determine fault, and then total damages you could be awarded. In terms of the damages that one can receive from a birth asphyxia case, read the information below.
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Types of Damages You Can Claim in a Case Such As This
Injuries sustained by a child during birth can be challenging to determine, as complications arise from the fact that babies are not fully developed at birth. If you have come to find that your child does have asphyxia, you can recover damages when filing a lawsuit with the help of your lawyer. For families involved in birth injury lawsuits, determining the exact amount of damages is challenging because they must show that their medical negligence resulted in actual monetary losses.
Our experienced birth asphyxia attorneys in Tucson will work diligently in order to come up with a fair recovery in your case, rewarding you with the following forms of compensation:
Economic Damages
These damages ultimately will refer to the total financial costs that have been spent when supporting your child with their injury. Under this category, medical costs and expenses, rehabilitation costs, and loss of earnings if the child can never work in their life fall under economic damages.
Non-Economic Damages
In this case, these damages will pay for your child to live a fair life. Pain and suffering expenses will fall under this category, along with mental anguish and psychological trauma that comes from these injuries.
Financial Losses That the Parents Must Endure
Parents may incur high costs after the birth of an injured child. For example, if your child’s injury is serious, you may need to stop working in order to provide care for the child. The parents may also recover lost wages and compensation for their time and mileage when they take the child to doctor’s appointments.
Punitive Damages
In some rare cases, a jury may wish to charge a doctor with malpractice claims due to careless actions causing an injury. However, this doesn’t usually happen, and typically a birth injury lawyer will request these damages when they file a lawsuit. Families can be awarded substantial sums when the doctor’s negligence is extreme, or the doctor acts with disregard for the health of the baby.
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How Long do You Have to File a Medical Negligence Claim?
Various states will have different lengths of time that allows you to file a claim for medical negligence that resulted in a child’s birth injuries. Arizona’s statute of limitations for a medical malpractice lawsuit is two years. Ultimately, you have two years from the “discovery rule” to take your case to court.
In medical malpractice cases, the discovery rule states that a cause of action occurs when a patient discovers or should have discovered that negligent medical care caused the patient’s injuries or losses.
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Contact a Birth Asphyxia Attorney in Tucson As Soon As Possible!
Birth Asphyxia can result in lifelong care and debilitating medical costs, resulting in long-term financial hardship. It’s essential to learn the cause of the injury so that steps can be taken to avoid it in future pregnancies.
Suppose you believe that a healthcare provider’s action or inaction contributed to your family member’s injury. In that case, our experienced Tucson birth injury attorneys can help you find the answers you need and may be able to help you pursue compensation.
Contact us today to schedule an appointment for a free case evaluation.
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