Also known as birth asphyxia, hypoxic-ischemic encephalopathy (HIE) is a brain injury that can affect your baby at birth. Although it can be prevented or treated if caught in time, it is still a very scary situation to experience. The birthing process is already stressful, and HIE can add greatly to that stress.
If you think that your baby is suffering permanent disabilities and injuries because your doctor was negligent or careless, you may want to consider working with a Gilbert hypoxic-ischemic encephalopathy lawyer. The Birth Injury Lawyers Group wants to help your family understand your rights and legal options after experiencing a nightmare situation such as HIE during birth. Get a free consultation today by calling our office at (800) 222-9529.
Holding a Doctor Accountable for Your Baby’s Birth Injury
A medical malpractice action is a type of personal injury lawsuit that requires you to prove that the defendant acted negligently. If you pursue compensation, you need to prove three things before you will be entitled to compensation:
- A doctor-patient relationship existed between the medical professional and your baby.
- The doctor failed to treat your baby with the same standard of care that another doctor in the area with similar training and expertise would have exhibited.
- You and your baby suffered damages as a result of the doctor’s failure to meet this standard of care.
HIE and other birth injuries are usually complicated, and it can be hard to know whether your doctor’s conduct fell below the standard of care. Your lawyer will identify medical experts who can review your medical records and other evidence in the case to determine if and how the doctor breached the standard of care, and how it caused your baby’s HIE.
What Kind of Compensation Can You Claim for Birth Injuries?
One of the most important things parents of babies who experienced an HIE injury at birth want to know is the value of their medical malpractice case. In general, you can seek compensation for any expense that is directly related to the birth injury. Expenses can include:
- Medical bills
- Future estimated medical costs
- Rehab and physical therapy
- Occupational therapy
- Speech therapy
- In-home care assistance
- Missed wages
- Lost earning capacity
- Reduced quality of life
- Pain and suffering
If your baby has HIE, ongoing and future medical care costs can be extremely high. In the unfortunate event that your baby’s HIE is severe and they have cerebral palsy, your baby will have difficulty moving, performing daily tasks, and developing for the rest of his or her life.
You should not have to carry the financial burden of this situation when someone else’s mistake is the cause.
Working with a Lawyer on Your Case
You may be wondering what a lawyer can do for you and your family during this stressful time. Your lawyer will stand in your shoes and represent your best interests at all times. They will interact with the court, opposing parties, insurance companies, and any other entities involved in the case.
Your lawyer will conduct an in-depth investigation into your situation to determine whether medical malpractice was involved. This usually includes an extensive review of your medical records, research, and consultations with doctors who specialize in birth injuries and HIE.
An attorney will also make sure that your lawsuit is filed within the statute of limitations. According to Ariz. Rev. Stat. Ann. (ARS) §12-542, the statute of limitations for birth injury lawsuits is two years.
Call Now for a Free Consultation
The Birth Injury Lawyers Group can provide you with a free consultation to discuss your case with one of our staff members. Find out how a Gilbert hypoxic-ischemic encephalopathy lawyer can help you by calling our office now at (800) 222-9529.