Injuries caused by hypoxic-ischemic encephalopathy (HIE) can affect your child for life. Call the Birth Injury Lawyers Group at (800) 222-9529 to learn more about your rights.
A Chandler hypoxic-ischemic encephalopathy lawyer from our firm can fight by your side for the justice and the monetary compensation your family may deserve.
For a free legal consultation, call 1-800-222-9529
How to Know if You Have a Medical Malpractice Case
As defined in Arizona Revised Statutes (ARS) §12-561(2), you can file a medical malpractice lawsuit if you believe that:
- Your doctor was negligent or made an avoidable mistake while treating your child
- Your doctor provided a specific treatment without your consent
In HIE cases, malpractice can take many forms, including but not limited to:
- Failing to perform tests that your child’s condition warrants
- Failing to notice that your child is in distress
- Failing to administer standard treatments in a timely fashion
- Failing to properly inform you of the potential risks of any given treatment
- Failing to prescribe the proper medication to treat your child’s injury
Negotiating with the Insurance Company
Proving your allegations to the satisfaction of the liable party’s insurance company, which is responsible for paying compensation, can be tricky. You will need to support your claim with as much evidence as possible.
You can look for corroborating evidence in:
- Your child’s medical records
- Your/your partner’s medical records
- Statements from witnesses
- Statements from experts
- Any relevant photos or home videos
Do not worry if all of this seems confusing or overwhelming. A Chandler hypoxic-ischemic encephalopathy lawyer from our firm would be happy to explain everything and to help you decide on a course of action. Call the Birth Injury Lawyers Group at (800) 222-9529 at any time for a free consultation with a member of our team.
Chandler Hypoxic-Ischemic Encephalopathy Lawyer Near Me 1-800-222-9529
You May Be Able to Recover Compensation
Your child’s birth injury may entitle you to monetary compensation. Also called damages, compensation is designed to make it easier for you to bear the physical, psychological, and financial damage caused by the malpractice.
In legal terms, your family’s physical and psychological suffering is referred to as “non-economic damages.” You may qualify for non-economic damages based on the following factors, among others:
- Physical disability: The HIE caused organ damage or made it more difficult for your child to move or control any part of their body.
- Mental disability: The HIE permanently affected your child’s brain, causing learning difficulties, mental illness, mood disorders, and so on.
- Pain and suffering: The injury caused your child pain and/or will continue to cause them physical or emotional pain in the future.
- Reduced quality of life: Your child no longer has a chance of leading the independent, pain-free life they would have had without the injury.
The legal term for your family’s malpractice-related financial losses is “economic damages.” Examples of economic damages that may entitle you to compensation include:
- Past loss of income: Because your child needed extra attention, you or your partner stayed home from work to look after them.
- Future loss of income: Your child will need extra attention in the future, so you or your partner will have to take time off work to care for them.
- Medical costs: This can include the cost of surgery, resuscitation, physical therapy, assistive devices, and so on.
- Certain travel expenses: Your child’s doctor is very far away, making it more expensive for you to travel to see them.
If your child did not survive their injuries, you may consider filing a wrongful death lawsuit. This may entitle you to some of the abovementioned damages (e.g., pain and suffering and medical costs), as well as damages like:
- Funeral costs: You paid for a casket, a cremation, a funeral service, and/or anything else that you needed to lay your child to rest.
- Loss of filial consortium: Your child’s unexpected passing prevents you from watching them grow up and developing a relationship with them.
It is very important that you evaluate your damages properly—in other words, that you ask for enough money to cover all of your economic and non-economic damages. A lawyer from the Birth Injury Lawyers Group would be happy to help you calculate that amount.
Get Help from a Lawyer as Soon as Possible
Malpractice victims in Chandler, Arizona have two years to begin a lawsuit against the liable party. This statute of limitations, found at ARS §12-542, applies to both personal injury and wrongful death cases. However, when it comes to medical malpractice cases, the deadline to sue may be extended to the child’s 20th birthday, per ARS §12-502.
The Birth Injury Lawyers Group is ready and willing to help with your case by:
- Charging nothing upfront: You will pay us absolutely nothing unless and until you receive monetary compensation.
- Collecting relevant evidence: We will build the strongest possible case by combining your testimony with all available documentary evidence.
- Dealing with paperwork: Your lawyer will be happy to review all paperwork before you submit it or to fill out all forms on your behalf.
- Dealing with the liable party: Your lawyer will deliver all messages between you and the liable party. This way, you do not have to speak with them directly.
- Negotiating for your money: Insurance companies do not always agree to a fair settlement right away, so your lawyer will fight for what you deserve.
- Going to court: A pretrial settlement is preferable but not always possible. Your lawyer can represent you in the courtroom if going to trial is necessary.
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An Attorney Can Help You – Call Today
Lawsuits can be complicated and time-consuming, and insurance companies can be difficult to deal with. Fortunately, you do not have to take on the legal system by yourself. Call the Birth Injury Lawyers Group at (800) 222-9529. We will assess your case for free and tell you more about how a Chandler hypoxic-ischemic encephalopathy lawyer from our firm can help you.