For parents, a hypoxic ischemic encephalopathy (HIE) diagnosis can be stressful and overwhelming. Not only are you suddenly confronted with tough medical decisions for your child, but you will also likely face expensive medical bills.
Some cases of HIE stem from malpractice, and with the help of an Arvada birth injury lawyer, you may be able to obtain the compensation you and your family need. We can protect your legal rights and hold the right parties accountable.
HIE and Medical Negligence
Negligent care during delivery or the post-delivery period can cause the reduction of oxygen or blood to your child’s organs. In some cases, a medical practitioner may not respond quickly enough to a child in distress after delivery. In others, physicians and other medical staff may not take appropriate precautions for a high-risk pregnancy.
HIE has occurred in cases where medical professionals did not appropriately handle the placenta, uterus, or umbilical cord issues.
For example, in relatively rare cases, an umbilical cord may be wrapped around an infant’s neck tightly enough to reduce the flow of oxygen to the brain. A doctor who fails to distinguish between a cord simply looped around an infant and one that is causing distress may be guilty of medical negligence.
HIE symptoms can be severe, with long-lasting consequences for you and your child. You may need to obtain specialized equipment to accommodate your child’s disability, special education resources, or additional health care support. You shouldn’t need to deal with the added financial burden that stems from someone else’s mistake.
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Bringing an HIE-Related Malpractice Suit
How do you know whether your baby’s HIE resulted from medical malpractice? It’s nearly impossible for the average person to determine, even if they’re in the delivery room. And even if they think they see a mistake being made, proving it in a court of law is another thing entirely.
It takes an experienced hypoxic ischemic encephalopathy attorney in Arvada to prove negligence in HIE cases. The right law firm has a medical professional with extensive experience evaluating HIE cases to determine whether negligence was the cause. Attorneys work to gather the medical evidence necessary to prove negligence in a court of law.
These cases can be complex and may take time. But if you have a viable HIE case, you should pursue it as soon as possible, as malpractice insurers will try to pay you the lowest amount they can get away with. Your time to file is also limited by Colorado law. If you don’t meet the deadline, you lose your chance at obtaining compensation.
Colo. Rev. Stat. § 13-80-102.5 only gives you two years to file a medical malpractice claim. The longer you wait, the more difficult it will be to file a medical malpractice lawsuit that gives you and your family the best chance of earning the compensation you need.
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HIE Damages You Can Claim
According to a study published by the National Library of Medicine, HIE occurs in 1.5 to 2.5 per 1,000 live births. However, roughly 40% to 60% of affected infants die by the age of two or live with severe disabilities.
Ultimately, the severity of the injury will determine how much a case is worth, and the nature of the damages will vary case to case. With an HIE malpractice claim, you may be able to claim damages for your child’s current and future medical expenses and needs. These may include:
- Counseling
- Medical treatment
- Mobility devices
- Physical rehabilitation
- Special education costs
- Surgery
Because your child’s HIE will have an impact on your whole family, you may also be able to claim and recover damages for:
- Emotional distress
- Loss of a family relationship
- Lost income due to time taken off to care for your child
- Pain and suffering
However, it takes an experienced hypoxic ischemic encephalopathy lawyer in Arvada to help you determine the viability of your case, gather relevant evidence, and help you pursue justice and compensation.
"We know first-hand what you are going through."
How a Birth Injury Lawyer Proves Fault in an HIE Medical Malpractice Claim
If you have a viable medical malpractice claim, an experienced attorney will work on building a strong case. To recover damages requires a plaintiff’s attorney to:
- Establish a verified duty of care
- Illustrate a breach of duty
- Show that the breach of duty caused HIE
- Provide evidence of damages suffered from your child’s HIE
A lawyer must show that the medical provider named as the defendant in the lawsuit was operating on or treating your child and, accordingly, needed to follow certain practices and procedures to offer appropriate care.
Your lawyer must further show that the provider was medically negligent (did not follow established practices and procedures) in their duties and that negligence caused your child’s HIE. They must then show evidence of how you and your family have suffered and will suffer as a direct result.
"Our Birth Injury Lawyers have recovered over $750+ Million on behalf of our clients."
Hiring an Experienced Hypoxic Ischemic Encephalopathy Attorney
If you’re an Arvada parent who suspects your child may suffer from HIE due to a medical mistake, you’re likely overwhelmed with concern for your child’s immediate need. A lawsuit is probably the last thing on your mind. But you should call a law firm with an extensive record of handling birth injury cases that can help you with your claim as soon as possible.
Malpractice insurers have lots of resources at their disposal. You should retain an experienced Arvada hypoxic ischemic encephalopathy attorney quickly to give them the best chance of obtaining the highest possible award or settlement on your behalf. After all, a moderate or severe HIE diagnosis can mean a lifetime of expensive medical, educational, and related costs.
Why You Should Choose Our Birth Injury Lawyers
The birth injury lawyers in our network have plenty of experience in handling HIE cases. Over the past two decades, we’ve recovered more than $750 million for parents whose children have suffered from medical malpractice.
If your infant has suffered from HIE or a similar birth injury, contact us. An experienced Arvada hypoxic ischemic encephalopathy lawyer can determine if you have a viable case and help you take the next steps toward obtaining the compensation your family needs.
"We are committed to helping families who have suffered medical negligence."