A birth injury can result in permanent brain damage called hypoxic ischemic encephalopathy. Doctors, nurses, and hospitals who do not act appropriately to recognize these dangers and provide adequate care are likely at fault for a child’s injuries.
A Tucson hypoxic ischemic encephalopathy lawyer with the Birth Injury Lawyers Group could help the parents of an injured or deceased child to pursue lawsuits that demand appropriate compensation. These lawsuits can seek reimbursement for medical care, payments for pain and suffering, or even money to compensate a child for lost quality of life.
The legal team at the Birth Injury Lawyers Group is ready to take your call. Reach out to us today at (800) 222-9529 for a free case evaluation.
For a free legal consultation, call 1-800-222-9529
The Common Causes and Effects of Hypoxic Ischemic Encephalopathy
An article in the September 2011 issue of the Newborn Infant Nursing Review describes hypoxic ischemic encephalopathy as brain damage that occurs as the result of a child being unable to breathe during the birthing process. It lists common causes of this condition as being a mother’s high blood pressure, an interruption in the breathing of the child, bleeding in the birthing canal, and umbilical cord damage.
The potential symptoms are numerous. They may include:
- A lack of blood flow to the brain
- Developmental delays
- Cognitive disruptions
- Permanent brain damage
- Death during birth or soon after
A Tucson hypoxic ischemic encephalopathy lawyer could provide more information about this debilitating condition and make the connection between a child’s current condition and a diagnosis.
Tucson Hypoxic Ischemic Encephalopathy Lawyer Near Me 1-800-222-9529
Legal Options Following a Diagnosis
Every doctor, nurse, and other medical professional has a duty under the law to perform their jobs with a certain level of skill and competence. During a woman’s pregnancy and birth, this duty extends to both the mother and the child. A reasonably skilled doctor should be able to:
- Recognize the risk factors for hypoxic ischemic encephalopathy,
- Limit the chances for complications, and
- Act swiftly to prevent any lasting damage.
Of course, this means that not every instance of brain damage during birth is an example of medical malpractice. It falls to the parents of injured children to prove that a medical professional’s care, or lack thereof, was the cause of the incident.
Defining Medical Malpractice Under State Law
The natural question to ask is what counts as medical malpractice? Arizona Revised Statute §12-563 states that medical malpractice occurs when a medical provider fails to exercise a degree of skill, care, and learning expected of a reasonably skilled provider under similar circumstances.
As applied to instances that result in hypoxic ischemic encephalopathy, it is necessary to demonstrate how a doctor’s failure to act violated common practices in the medical community. This may include the misidentification of risk factors, improper monitoring of a child’s vital signs, and a delayed or nonexistent intervention in case of crisis.
The legal professionals at the Birth Injury Lawyers Group understand the laws in Tucson that govern medical malpractice cases. We are ready to explain those laws in a way that is easy to understand. Reach out to a team member today at (800) 222-9529 to learn more.
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Proving Medical Malpractice in and Out of Court
Cases that allege medical malpractice are always complex matters. Although an attorney and a parent may believe that medical malpractice has occurred, they must rely on the opinion and testimony of an expert to present their case to the court.
State law limits who may serve as a medical expert witness. According to Arizona Revised Statute §12-2604, a medical expert in a malpractice case must practice the same type of medicine as the defendant doctor. As a result, many experts in hypoxic ischemic encephalopathy cases will be OB/GYNs or other practitioners of neonatal medicine. A Tucson hypoxic ischemic encephalopathy lawyer can assist parents in locating and hiring these experts as a vital part of any claim for compensation.
Work with an Attorney to Protect Your Child’s Legal Rights
Any person who suffers an injury because of a doctor’s incompetence deserves the compensation that they need to set things right. This even applies to children who suffer harm at birth.
Among the most devastating of these birth injuries is hypoxic ischemic encephalopathy. This condition occurs when a newborn is unable to receive proper blood and oxygen flow to the brain. The resulting damage could impact the child’s development and may be permanent.
A Tucson hypoxic ischemic encephalopathy lawyer may be able to help parents to pursue medical malpractice lawsuits against the doctors responsible for this damage. This includes explaining the concept of a medical malpractice case, performing an investigation into the incident, evaluating how the incident has impacted your child, and hiring experts to present your case to a jury.
The legal team at the Birth Injury Lawyers Group is ready to fight for you. Give us a call today at (800) 222-9529 for your free consultation. Whether your case is able to bring compensation through a fair settlement or requires a trial to support your child’s future, we are ready to protect your rights every step of the way.