Out of all the birth injuries, hypoxic ischemic encephalopathy (or HIE) is one of the most unpredictable. In mild cases and with a fair amount of luck, a child can recover completely. They could also die or experience lifelong brain damage.
There is a possibility your doctor missed the signs of HIE in your child and failed to take action before it was too late. If this is the case, you may be able to file a birth injury lawsuit. We have Colorado hypoxic ischemic encephalopathy attorneys that specialize in birth asphyxia injuries.
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What Is HIE?
For all the complex medical terms, HIE is rather straightforward. HIE is brain damage caused by a lack of oxygen or blood to the brain during birth. There are several causes, some natural and some not.
One obvious cause is a kink, knot, or entanglement in the umbilical cord. Anything that interferes with the cord’s movement of oxygen and blood can cause HIE in a child. With good prenatal care, a doctor has a good chance of catching a cord issue.
Yet this is just one of many potential causes, including labor and delivery errors, high-risk pregnancies, and more. What’s key to your case is whether your medical team acted under the standards of care or if they were negligent in treating you and your child.
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What is Medical Negligence?
In any personal injury case, negligence is a crucial factor. Before you can file a claim or sue someone, we have to prove their responsibility toward you, what they did wrong, and how it caused injuries to you or your child.
The tricky part with medical cases is medicine is an uncertain practice. Car crashes are pretty clear, but a doctor can do everything right under current medical practice and still cause injuries or death. So, to prove medical negligence, we have to show things went outside the norm.
That’s why we work with other doctors and medical experts to give testimony about what happened and whether your medical team followed the standards of practice. A simple example would be forcing a vaginal birth even if the child cannot fit easily through the birth canal. This can choke the child and cause HIE.
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How Doctors Can Cause HIE
Hypoxic ischemic encephalopathy can be the result of several occurrences, including asphyxia and uterine hyperstimulation. However, medical malpractice remains the leading cause of HIE, meaning that most cases are preventable. Some common causes of the condition are:
- Delayed or prolonged labor
- Umbilical cord strangulation
- Delayed C-section
- Unusual baby positioning in the birthing canal
- Improper use of delivery tools
- Using unnecessary or excessive force on the infant’s neck, shoulders, arms, and head during birth
Typically, medical providers must assess an infant’s health and the pregnant mother before, during, and after birth. The intent is to reduce the chances of brain injury such as HIE, especially during the delivery process, to prevent depriving the child’s brain of oxygen. However, if a doctor’s negligent actions during your child’s birth caused HIE, a Colorado hypoxic ischemic encephalopathy attorney can help you.
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An HIE Lawyer in Colorado Can Review Your Birth Injury Case
Colorado law allows families with infants diagnosed with HIE caused by a negligent medical provider to seek compensation and recover damages. However, if your child was diagnosed with HIE due to other risk factors, you may be unable to file a lawsuit against the hospital or healthcare provider. A competent hypoxic ischemic encephalopathy attorney in Colorado will help determine if your case is eligible for compensation.
Proving Liability in an HIE Case
Since Colorado is an at-fault state, you need to prove that the doctor or hospital was negligent to recover damages. However, it can be difficult to prove that a particular party was involved or that the case was preventable and the result of negligence. Working with an experienced Colorado hypoxic ischemic encephalopathy attorney can help you navigate the legal process and recover damages.
The legal team at Birth Injury Lawyers Group can evaluate medical records and interview experts to establish if your baby’s case of HIE was preventable. If a birth injury lawyer determines that your baby’s disability was avoidable and occurred due to negligence, the medical provider can be held liable.
How Our HIE Attorneys Will Help You
Filing a claim against a doctor’s malpractice insurance on your own is extremely difficult. You’re not just fighting the insurance industry, you’re also likely a medical layperson. You don’t have the knowledge needed to fight back if they think the doctor did nothing wrong.
That’s where our hypoxic ischemic encephalopathy lawyers in Colorado come into play. You have enough to worry about coping with your child’s injury or death. Let our team take over the legal process of seeking compensation on your behalf.
We will get medical testimony about what happened, perform our own investigation, and build the best case we can before approaching your doctor’s insurer. Our team will make every effort to bring your case to a swift resolution in your favor.
What Damages Could I Receive?
The costs of caring for a child with HIE is huge. There are many ways HIE can affect the brain. You might need to take your child to a small army of specialists to help them overcome the damage. They might even need lifelong medical care.
If your doctor raised your child’s chances of experiencing HIE, they need to pay for what happened. You could receive compensation for:
- Your medical care in the hospital
- Your child’s current and future medical bills
- Medical gear, therapy, and medications
- Transportation costs to and from specialists
This is just a small sample. There are damages you may not be aware you could get in your case without the help of an HIE lawyer in Colorado. Plus, since our lawyers work on contingency, you do not need to worry about paying us unless you win your case.
Deadline for Filing a Claim in Colorado
Under CO Rev Stat § 13-80-102.5, victims of medical malpractice have a two-year statute of limitations to file a claim to seek compensation. The statute of limitations refers to the plaintiffs’ time limit to file a lawsuit against a negligent party and recover damages. If your child has suffered HIE caused by a negligent medical provider in Colorado, you have two years to file a lawsuit against the doctor or hospital.
Time is of the essence in HIE cases. Early treatment can improve the prognosis of your child, and a settlement can help you pay for that care. Do not wait to contact a lawyer for advice. Failing to file your claim within the time limit can make your case ineligible for compensation or cause the court to dismiss it. Therefore, it is essential to work with a competent Colorado hypoxic ischemic encephalopathy attorney to help you prepare and file your claim by the deadline.
Speak With a Colorado HIE Attorney
If your child was diagnosed with HIE and you suspect it was caused by the negligence of a medical provider, you may be eligible for compensation. The Colorado hypoxic ischemic encephalopathy lawyers at Birth Injury Lawyers Group can help you hold the responsible party liable, obtain a settlement, and get justice for your child.
To get connected with a Colorado hypoxic ischemic encephalopathy attorney, use our contact form or call us. Your consultation is free, confidential, and without obligation. Birth Injury Lawyers Group looks forward to hearing your story and helping you get justice.
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