Birth is a fearful time for any parent, even with modern medical technology. There are so many things that can go wrong. Hearing that your baby suffered from a lack of oxygen or blood during birth is one of the most devastating things a new parent could hear.
Yet not all cases of this are because of random chance. Sometimes, they happen from negligence. If your child suffered from HIE at birth, speak with one of our Connecticut hypoxic ischemic encephalopathy attorneys immediately for advice. Your child will need expensive medical care, and you could be eligible for compensation.
For a free legal consultation, call 1-800-222-9529
Why Would I Get Compensation?
Hypoxic ischemic encephalopathy, or HIE, is an extremely serious birth complication. The cause is a lack of oxygen or blood to a baby’s brain. This can happen before, during, or just after birth. There are many likely causes.
Sometimes, the reason is pure negligence. If a doctor doesn’t take care to watch for things like an entangled or knotted umbilical cord, that can easily cause this condition. While not all cases of HIE can be prevented, many can be with proper medical care.
If we can show that a medical professional acted negligently and created an opening for HIE to happen, they could be held liable. Our HIE attorneys in Connecticut can fight to get you and your child compensation for what happened.
Connecticut Hypoxic Ischemic Encephalopathy Lawyer Near Me 1-800-222-9529
HIE is an Expensive Condition
Even mild cases of HIE can cause brain damage that can last the rest of your child’s life. Moderate and severe cases have a high risk of killing your child, and even if they survive, the prognosis is grim.
HIE can cause many changes in your child’s body and mind, including:
- Cerebral palsy and epilepsy
- Behavior, learning, verbal, and motor disorders
- Difficulty eating and breathing
- Developmental delays
- Neurodevelopmental delays
Your child can overcome some of these things with time and effort. Others, like cerebral palsy, cannot be cured. The severity of your child’s HIE depends on things like their developmental stage, the cause, how long they were without oxygen and blood, and other factors.
Caring for a child with HIE can require many specialists and many sessions of care. It can be extremely expensive to raise a child with HIE, which is why you need to speak with a lawyer with knowledge of hypoxic ischemic encephalopathy as soon as possible.
How Is Negligence Proved in HIE Cases?
To prove any medical malpractice case, it’s not as simple as showing that your doctor was caring for your child at the time of the incident. Medicine is an uncertain art, and the causes of fault aren’t always clear.
However, medical professionals are required to uphold certain standards of practice. If they violate those standards, it is assumed they were negligent. Our HIE lawyers in Connecticut work with medical experts to determine whether what happened to your child was because of a negligent act.
One of the most important things to prevent HIE is proper monitoring of the health of the baby and the mother for signs of distress. If there is a problem, doctors must take action immediately to fix the problem. If they fail to do so, that’s one cause of negligence.
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What Kinds of Compensation Could I Receive?
Compensation in any kind of personal injury case is intended to make the injured person as close to how they were as possible before the accident. This includes things like paying for future medical treatments, paying lost wages, and so forth.
For a child with HIE, it may not be possible to bring them completely to normal, but you can get compensation for covering all the best care medicine has to offer to your child. Payment for current and future medical bills is a tremendous help and could transform your child’s prognosis.
You may also be eligible for non-economic damages like pain and suffering, loss of relationship, or wrongful death damages. You’ll need to speak with a lawyer to get the full details on which damages you could use to get compensation.
HIE Caused by Medical Malpractice
Several risk factors can cause HIE in children, but various medical malpractice circumstances are linked to the condition. An infant can suffer HIE if a healthcare provider acts irresponsibly or negligently before, during, or after birth. Some common medical malpractice cases associated with HIE include:
- Mismanagement of problems linked to the umbilical cord, mother’s uterus, or placenta
- Inadequate or inexperienced staff
- Failure to properly use a fetal heart rate monitor
- Mismanagement of high-risk pregnancy
- Failing to offer therapeutic hypothermia once HIE is detected
- Failure to act quickly and appropriately to signs of fetal distress
- Failure to recognize non-reassuring fetal heart patterns
Working with a hypoxic ischemic encephalopathy attorney can help prove medical negligence and hold the at-fault party liable. It is devastating when a doctor fails to provide the necessary standard of care and it results in a disability. A legal team will fight for any compensation you may be entitled to and get justice for your child.
What to Do if HIE Occurs Due to Medical Negligence in Connecticut
Since Connecticut uses a fault-based insurance system, it is essential to take critical steps after your child has been diagnosed with HIE caused by a negligent medical professional. While seeking treatment is crucial, so is filing a lawsuit against the responsible healthcare provider. Hiring a qualified Connecticut hypoxic ischemic encephalopathy lawyer increases your chances of receiving fair compensation.
Proving Negligence in an HIE Birth Injury Claim
If a medical professional or hospital was negligent and it led to your baby’s injury, Connecticut law may entitle you to file a suit against the at-fault party. However, you must prove that the other party was responsible and acted negligently, leading to your child’s injury. In Connecticut, you must demonstrate the following elements of negligence to recover damages:
- Duty of care: The doctor or hospital owed you a duty of care.
- Breach of duty of care: The doctor or hospital breached your duty of care.
- Causation: The breach caused injuries to your child, which primarily lead to HIE.
- Damages: The injury resulted in damages, such as medical expenses, pain and suffering, and lost wages.
A Connecticut hypoxic ischemic encephalopathy attorney at Birth Injury Lawyers Group can help prove liability and hold the responsible party or parties accountable. A birth injury lawyer can also explain your legal options and protect your baby’s rights throughout the legal process.
Statute of Limitations for HIE Claims in Connecticut
The statute of limitations is the time limit that victims have to take legal action to recover damages against a negligent party. Under Connecticut General Statute § 52-584, the statute of limitations for HIE claims is two years from the date the injury occurred. Therefore, it is essential to file your HIE claim within that timeframe to recover benefits from a negligent healthcare provider.
Failing to file your claim within two years can result in a dismissal of your claim, and you might not recover any damages. Working with an experienced hypoxic ischemic encephalopathy attorney can help ensure you file your lawsuit within the time limit to recover any damages caused due to your child’s disability.
How a Connecticut Hypoxic Ischemic Encephalopathy Attorney Can Help
When your child has been diagnosed with HIE and is facing life with a severe medical condition, seeking legal representation as soon as possible is essential. The comprehensive legal services of a qualified Connecticut hypoxic ischemic encephalopathy attorney will help you throughout the legal process. Generally, a lawyer can help you:
- Collect relevant evidence to prove the doctor or hospital acted negligently and caused your child’s disability
- Calculate and estimate the value of your HIE claim and recover the maximum settlement
- Represent your best interests in court and ensure your child gets justice
- Negotiate with insurance companies for a reasonable settlement
- Build a strong defense against the defendant to win your case
- Handle all communication on your behalf and advise you of your legal rights
What if I Lose My HIE Birth Injury Lawsuit?
Birth injury cases can take a long time to finish and there is always a chance you could lose. That’s why we make it as risk free as possible for you. Our lawyers are paid on a contingency basis.
What this means is that you will owe nothing to us unless you receive compensation. There are no hidden fees, and all consultations are free. If you win, you will pay your lawyer a percentage of your total winnings, and you’ll know exactly how much it is before you start a contract.
If you lose your case, you will owe us nothing. This is the fairest way to give everyone access to legal representation, and it’s why you should not hesitate to speak with one of our hypoxic ischemic encephalopathy attorneys.
Seek Help Now From a Connecticut HIE Lawyer
If your child suffers from HIE and you live in Connecticut, call us right away at the number on our screen or use our contact form. We will put you in touch with a qualified hypoxic ischemic encephalopathy lawyer in Connecticut who can help you start your case.