Hypoxic ischemic encephalopathy, or limited blood flow to a newborn’s brain, can force irreversible brain damage onto young children. As a parent, the last thing you want your child to have to contend with is this kind of obstacle to a healthy life. Matters can grow all the more frustrating, however, when you know that HIE can be prevented by medical diligence.
If you think that medical negligence contributed to your child’s HIE diagnosis, our Denver birth injury lawyers can help. Our Denver hypoxic ischemic encephalopathy lawyers advocate for families who suffer the consequences of a medical professional’s negligence. When it comes time to go to bat for your child, we can stand with you and defend your right to financial support.
Addressing a Hypoxic Ischemic Encephalopathy Diagnosis
There are several forces that can cut off your newborn’s access to oxygen as you’re giving birth. Umbilical cord ruptures or tangles, for example, both compromise your child’s health. So too does unnecessary roughness during labor. If the medical professionals watching over you during labor can’t provide you with the care you need, your child can suffer the consequences.
Specifically, newborns who struggle to get the oxygen they need during labor can develop HIE. This lack of oxygen isn’t always fatal. However, children living with HIE often have to contend with lifelong brain damage and cognitive disorders. As such, these children may struggle to meet their own day-to-day needs throughout their lives.
Correlations Between Medical Negligence and HIE
Certain conditions, like an umbilical cord rupture, are out of your control. However, medical professionals can often engage in delivery room behaviors that cause your child’s HIE. This negligence, be it in the form of medical neglect or accidental mistreatment, can devastate the future you planned for your child. You can, however, take action in response.
Provided that you can bring forward evidence of medical negligence, you can work with an HIE attorney in Denver to hold an institution accountable for your child’s diagnosis. An HIE lawsuit can help you elaborate on the extent of your child’s losses and demand that the responsible party aid in your child’s lifelong recovery.
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Who to Hold Responsible for Your Child’s HIE
It is difficult, but not impossible, to take up an HIE claim against an individual medical professional. This is easiest to do when the party allegedly liable for your child’s losses operates independently or on a company contract. Provided that a larger institution doesn’t take responsibility for a particular contractor’s behavior, you can sue that individual.
Under most circumstances, however, you should direct an HIE claim against a larger medical institution. Most institutions offer their full-time employees some manner of legal protection, essentially assuming the duty of care owed to you at the time of your labor.
You shouldn’t be intimidated by a medical institution’s legal team, though. You have the right to pursue legal action if your child suffers severe injuries due to someone else’s negligence. You can, however, collaborate with an HIE lawyer in Denver to prevent an institution’s legal team from trying to take advantage of you.
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How to Hold Someone Responsible for Your Child’s HIE
To take legal action against a medical institution or similar body, you need to submit an HIE claim with your local county clerk. These claims elaborate on the circumstances that contributed to your child’s diagnosis. You can also use them to elaborate on the economic value of the losses you endured related to your child’s lack of care.
The format and content of an HIE claim both play a role in how quickly it moves forward in court, if at all. When you collaborate with a Denver hypoxic ischemic encephalopathy attorney, you can cross your T’s and dot your I’s while holding the proper parties accountable for your losses.
File Your Child’s HIE Claim Before Time Runs Out
Filing an HIE claim on your child’s behalf can put you in a unique situation. To start, you need to hold a position as your child’s guardian ad litem. This is different from being your child’s supervisory guardian, as the position allows you to move forward with a case for compensation on your child’s behalf.
Moreover, you need to get your HIE claim to the right parties within Colorado’s statute of limitations. Fortunately, Colorado delays the statute of limitations placed on cases involving children. In other words, you have until your child turns 18 to pursue a case on their behalf.
After that, your child has three years to file an HIE claim with their local county clerk. You can learn more about the tolling of the statute of limitations in Colorado Revised Statutes § 13-80-102(1)(a).
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HIE Claims Help You Secure Financial Support for Your Child’s Recovery
It can take a significant amount of money to help your child address their HIE. When your child’s condition is rooted in someone else’s negligence, though, paying those bills can feel painfully unfair. That, however, is where an HIE claim comes in. Our attorneys want to help you use these documents to request damages based on your child’s pain and suffering.
Specifically, our team wants to help you demand that a liable party cover your:
- HIE-related medical bills
- Labor expenses
- Lost wages or time at work
- Childcare expenses
- Mobility aids
- Mental anguish and/or emotional distress
- Pain and suffering
- Wrongful death
We can estimate the value of your and your child’s losses during your initial case evaluations. Together, we can add the cost of your bills and substitute multipliers for your non-economic losses. When we present your claim to a Denver civil court, you can bet that our birth injury lawyers will advocate for you to receive the most HIE compensation possible.
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Schedule a Case Consultation With Birth Injury Lawyers Now
HIE dramatically changes the plans you may have had for both yourself and your child. That doesn’t mean that you should have to endure the financial consequences of someone else’s negligence. If you’re concerned about how an HIE diagnosis may impact your future, contact our birth injury lawyers today.
Our team of HIE attorneys in Denver are prepared to stand by you as you hold the right parties accountable for their medical negligence. We can offer our expertise to your case and mediate settlement conversations while prioritizing the damages that you’re owed. Reach out to schedule your case consultation ASAP.
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