Hypoxia is when the brain doesn’t get enough oxygenated blood. This is called birth asphyxia when a newborn doesn’t get enough oxygen and nutrients before or after delivery.
The lack of oxygen risks the development of every organ and tissue in a baby’s body. The brain, the most delicate organ in the body, is the primary concern of doctors when considering the effects of birth asphyxia. In extreme circumstances, birth asphyxia may cause irreversible brain damage, but even mild occurrences have long-lasting effects.
A diagnosis of birth asphyxia may be life-altering, yet we know how difficult it is to accept. The good news is that you still have choices available to you. Working with a birth asphyxia attorney from The Birth Injury Lawyers Group will allow you to concentrate on raising your kid while we fight for the largest possible settlement on your behalf.
For a free legal consultation, call 1-800-222-9529
Proving Negligence in a Birth Asphyxia Claim
Under Maine law, you may sue a medical provider or hospital if their negligence caused harm to your child. However, you’ll need to show that the other person was careless and liable for your kid’s damage. You may only be compensated for your losses if you can prove the following components of negligence in Maine:
- The doctor or hospital owes you a duty of care to ensure your safety.
- The medical facility failed in its duty of care toward you.
- Damage to your kid as a result of the breach ultimately caused HIE.
- The injury cost money and caused other problems, including missed work and medical bills.
Our Maine birth injury attorneys at Birth Injury Lawyers Group can help prove liability and hold the responsible party or parties accountable. A birth asphyxia lawyer can also explain your legal options and protect your baby’s rights throughout the legal process.
Birth Injury Lawyer Near Me 1-800-222-9529
Damage Caps in Maine Injury Cases
Several states may limit damage awards (monetary compensation) in personal injury claims. These limits may be general or may be confined to particular categories of cases (such as medical malpractice) or damages (like non-economic or “pain and suffering” damages).
In circumstances of wrongful death, non-economic damages in Maine are capped at $500,000. Economic damages, such as medical expenses and lost earnings, are not affected by this limit, nor are they applicable to any other types of injury lawsuits filed in Maine.
Potential Compensation for Birth Injury Victims
You may be eligible to receive compensation in Maine for the following losses if your claim for a birth injury is resolved successfully:
- The Cost of Healthcare
- Distressing feelings
- Stress in the mind
- Strife and agony
- Disabled-friendly features
- Lower expected future income for the kid Lower quality of life
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Maine Statute of Limitations for Birth Injury Claims
Legal action may be taken against the negligent party by anybody who has been wounded due to the carelessness of another and has suffered losses as a consequence (such as medical costs, mental anguish, pain and suffering, lost earnings, etc.). However, they have a limited amount of time to do so since the statute of limitations places a time restriction on filing some claims.
The statute of limitations for birth injury claims in Maine is three years from the “date of the act or omission giving rise to the harm,” as defined by 24 Maine Revised Code 2902. That’s why claims submitted after that date are null and void. Additional time limits may apply if your lawsuit is against the government or involves certain other factors.
The statute of limitations may differ depending on the kind of institution where the negligence or malpractice took place, and it may also be susceptible to revision. If your kid was born in Maine and suffered an accident, you have until their sixth birthday (or three years from the date of injury if they are under 18) to bring a lawsuit. Three years from the date of injury is the time limit for parents.
Contact Our Asphyxia Birth Lawyer in Maine
Speaking to a Maine birth asphyxia attorney can confirm your statute and provide you with a clearer understanding of your legal options.
Get in touch with an attorney from The Birth Injury Lawyers Group to learn about the time limits that apply to your claim. If you believe birth damage was caused by medical negligence, you should seek legal counsel without delay. The statute of limitations is when a lawsuit must be filed.