Injuries to a child are always tragic, especially when they occur at or before birth and result in lifelong consequences. In the case of hypoxic ischemic encephalopathy (HIE), which also goes by names like perinatal asphyxia and birth asphyxia, the injury is caused by a lack of oxygen.
Arizona HIE attorneys can help families get justice and compensation if their child’s condition is caused by medical malpractice. Going up against the legal team of a large corporation like a hospital can be fraught with difficulty.
It can be even more challenging when you are already dealing with the trauma and grief of suffering a birth injury. Attorneys can take this burden and help you navigate the complexities of the legal system.
For a free legal consultation, call 1-800-222-9529
Important Arizona Laws Concerning Hypoxic Ischemic Encephalopathy
There are several crucial concepts to consider when preparing for a lawsuit related to birth asphyxia. The Arizona Legislature has passed laws and statutes that govern how these kinds of personal injury claims (i.e. medical malpractice cases) are handled in court.
Deadlines for Arizona HIE Claims
First, your HIE attorney must file your claim properly and within the correct time frame in order to preserve your baby’s right to pursue compensation. Arizona Revised Statutes § 12-542 sets this deadline at two years from the date of the initial injury.
However, there may be additional deadlines concerning the notification of the defendant(s), and claims that involve government entities (such as military hospitals) often must be filed far sooner than the two-year cutoff. An Arizona birth injury law firm can help you better understand all the relevant deadlines in your specific case.
What Counts as a Valid Medical Malpractice Claim in Arizona?
Another crucial factor in determining the value and validity of your claim is to ensure that it fits accepted legal definitions of a medical malpractice lawsuit. According to Arizona Revised Statutes § 12-561, you may be able to sue a healthcare provider for:
- Breach of contract
- Direct misconduct or inappropriate actions
- Errors or omissions
In other words, you are able to sue medical professionals and/or institutions both for harmful actions they take and for actions they failed to take that they should have taken. This includes the right to sue for a failure to diagnose conditions that led to your child’s hypoxic ischemic encephalopathy.
Understanding the Standard of Care
The “standard of care” is a concept that is central to medical malpractice claims. Essentially, it refers to the set of actions and behaviors that reasonable medical professionals should engage in given the circumstances. When doctors and nurses break from this standard and an injury results (such as HIE), the patient may have the right to sue for compensation.
Typically, your lawyer will bring expert witnesses into your claim in order to prove that the at-fault parties broke the standard of care. These expert witnesses are other medical professionals with experience handling healthcare matters related to birth and delivery.
Arizona Hypoxic Ischemic Encephalopathy Lawyer Near Me 1-800-222-9529
Compensation for Hypoxic Ischemic Encephalopathy in Arizona
Discussing the “value” of your claim can be an emotional subject for many parents of children with birth injuries. The goal of the legal system, though, is to attach a monetary value to your claim that will help you set your child up for their best possible future.
Damages for which you can receive compensation are usually broken down into two categories: economic and non-economic.
All the financial ways that your family is harmed are lumped into the economic category. These include damages like:
- Medical bills
- Accessibility alterations to your home
- Your baby’s lost ability to earn income in the future
- Lost wages as a result of missing work do to your baby’s HIE
These are the more easily determining damages when it comes to understanding the value of your compensation, as these all have specific dollar amounts attached to them.
On the other hand, there are plenty of more subjective ways that you and your baby are affected by HIE. These non-economic damages also deserve to be compensated. Examples include:
- Loss of quality of life
- Physical pain
- Mental and emotional suffering
Importantly, there is no cap or limitation on medical malpractice compensation, which makes Arizona different from many other states. This can help your Arizona HIE attorney get you the settlement or court award that accurately meets your needs for the future.
Get a Free Consultation with Arizona Hypoxic Ischemic Encephalopathy Attorneys
At the Birth Injury Lawyers Group, our Arizona HIE lawyers focus on all aspects of your case. We can gather and preserve evidence, connect with expert witnesses, file claims accurately and on time, determine all possible at-fault parties to sue, and negotiate settlements with opposing counsel.
We’re also unafraid to take the case to court if that’s what it takes to get you the compensation you are owed. Contact one of our hypoxic ischemic attorneys in Arizona for FREE by scheduling your consultation through the form on this page. You can also call our office to set up an appointment.
We work entirely on contingent, so you only pay us if and when we win you the compensation your baby deserves.