The idea of a baby losing oxygen during birth sounds horrendous, but it can happen for many reasons. Doctors learn how to detect the signs and to take action to stop it if it happens, but if they miss them, then babies could end up with brain damage or even die.
If your baby has suffered from birth asphyxia, you owe it to yourself and your baby to see if there was something that could have prevented it from happening. A consultation with a Dallas birth asphyxia attorney from Birth Injury Lawyers Group can get you those answers, and get you compensation if someone’s negligence caused your child’s condition.
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Signs and Treatment of Birth Asphyxia
Birth asphyxia happens when a baby doesn’t get enough oxygen for long enough to cause an injury. The most common injury is brain damage, with symptoms like cerebral palsy, cognitive and behavioral problems, epilepsy, and more. A lack of oxygen can also cause damage to other organs.
If a baby’s asphyxia is caught early enough and corrected, they may recover fully. The level of oxygen, how long it was low, and how quickly your doctors administered treatment after discovery all play a factor in the severity of this disease.
If a doctor notices this condition, they may need to perform an emergency c-section, intubate the baby, use therapeutic hypothermia, and other techniques to get the baby to breathe normally and prevent damage to the brain.
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How our Birth Asphyxia Lawyers in Dallas Prove Medical Malpractice
If a doctor doesn’t take the steps needed to detect or stop birth asphyxia, and we prove it could have been prevented, you may be eligible for cash compensation to pay for your baby’s medical needs, pain and suffering, and more.
Winning a medical malpractice case requires four elements. When you hire one of our birth asphyxia lawyers in Dallas, we will get to work to discover:
- Who had a medical relationship with your baby, and who was their employer?
- Did they break the standards of care for detecting and treating birth asphyxia?
- Did that breach in procedure cause your baby’s birth asphyxia and subsequent injuries?
- How has your baby suffered, and how will it affect your finances in the future?
Proving the first three elements establishes that the medical professional treating your baby was negligent. The last item is the legal damages. When you sue someone, you’re demanding payment to cover these damages.
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Compensation in Birth Asphyxia Cases
The goal of compensation is to make victims “whole” again. This means bringing them as close to how they were before the accident as possible. This may be impossible medically, but a lawsuit can help you cover many costs and compensate for non-economic damages like pain and suffering.
You can receive compensation for things like:
- Medical care for your child, including rehabilitation, specialists, assistive devices, medications, hospitalization, and more. This also applies to caring for injuries caused by birth asphyxia.
- Money you’ve lost because you had to take time off work or quit your job to care for your child’s medical needs
- Non-economic damages like pain and suffering, loss of enjoyment of life, and others that are not provable by a bill.
These are just some things that could be eligible for compensation in a birth asphyxia lawsuit. It’s impossible to know exactly how much your case is worth until a lawyer investigates what happened and studies the evidence, but cases of brain injuries in infants can easily reach six figures and beyond.
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Does Texas Limit Compensation?
There is a limit to non-economic damages for malpractice cases in Texas. Each sued party has a limit of $250,000 they can pay, and there is a maximum of $500,000 for the case. However, there is no limit to the amount of economic damages.
Despite this cap, the chances for high amounts of compensation are high for a birth asphyxia case. Treating brain damage caused by birth asphyxia is a long and expensive process. Your baby may never heal completely and may even need care for the rest of their lives.
The costs of your baby’s injuries are likely more than you think. Don’t let the cap scare you away from speaking with a Dallas birth asphyxia lawyer about what happened. Your baby deserves the care they need after someone harmed them, and you deserve not to have to pay for it.
Are There Other Legal Rules I Need to Know About My Case?
Texas has a few other legal rules you need to know when you start a malpractice case. First, we have to notify whoever you’re suing that you intend to sue at least 60 days before we file. This is something we will handle on your behalf.
Another rule is the expert’s report requirement. We have to speak with a medical expert about your child’s case and have them give an opinion about what happened to your baby and if malpractice was the cause. This shows the court that there is a potential case.
This means that you may need to get your baby re-examined by a different doctor. However, the costs of this examination can be added to the damages of your lawsuit. If you win, you will get compensation for the medical examination. Speak with our lawyers to learn more about this requirement.
Do I Need a Birth Asphyxia Lawyer in Dallas to Help Me?
Medical malpractice insurers have put in place many roadblocks, making it hard for claimants to get compensation. Complying with all the legal deadlines and building a strong case in an area of knowledge that requires both medical and legal expertise is almost impossible for a layperson.
Going against the malpractice insurers on your own is not wise. Your baby deserves to have the services of a reputable Dallas birth asphyxia lawyer to pursue their case. Let us take care of the legal side while you focus on caring for your child’s medical needs.
We have experience in birth injury cases and a record of success in Texas. When you speak to our lawyers, ask us about our previous birth asphyxia cases and how we were successful. We want you to feel confident about our services, so don’t be afraid to ask us challenging questions.
Help Your Baby by Calling the Birth Injury Lawyers Group
Early treatment is essential to give them the best prognosis if your child has suffered a brain injury because of birth asphyxia. If you’re worried about how to pay for it, see if your case qualifies for a medical malpractice lawsuit by calling the Birth Injury Lawyers Group.
Our birth asphyxia attorneys in Dallas are ready to hear your story and explain your legal options. To get started, call or email us for a free case evaluation today.
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