Hypoxic-ischemic encephalopathy (HIE) is a serious birth injury often associated with intellectual disabilities, cerebral palsy, epilepsy, and other related co-occurring disorders. HIE is caused by different factors, including negligence by medical professionals. If your doctor fails to monitor HIE signs during your child’s birth, you might be able to file for compensation to recover damages.
Our birth injury lawyers in Georgia understand how devastating it can be when your child has been diagnosed with HIE due to negligence by a hospital or medical professional. Our Georgia hypoxic-ischemic encephalopathy attorney can help you learn your legal options and recover compensation from the at-fault party.
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Hypoxic-Ischemic Encephalopathy and Medical Malpractice
You might want to talk to a Hypoxic-ischemic encephalopathy lawyer with experience if your baby was recently diagnosed. While multiple risk factors may cause HIE, the condition is primarily associated with medical malpractice, specifically during late pregnancy, labor, delivery, or the neonatal period.
During labor and delivery, the medical professional should act quickly to manage any serious birth injury under the required standard of care. However, if the medical team fails to address the issue or take precautions to prevent HIE, you might be eligible for compensation.
Delayed C-sections, anesthesia errors, mismanaged shoulder dystocia, and failure to diagnose or treat infections in an infant are examples of medical malpractice that can result in HIE. Still, a group of birth injury lawyers in Georgia can help establish negligence, and your child gets justice.
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Holding a Negligent Healthcare Provider Liable for Hypoxic-Ischemic Encephalopathy
Hypoxic-ischemic encephalopathy is a severe and devastating injury that can be managed by urgent medical intervention. If your child is an HIE victim, you might be eligible to file a medical malpractice claim against the negligent healthcare provider. However, you must prove that the doctor failed to use the level of care a competent medical professional would have used under similar circumstances.
Since treatment for HIE is costly, Georgia law allows victims of HIE to obtain compensation to recover various expenses and other injury-related costs.
Our birth injury attorneys can review medical records and interview witnesses to prove negligence, resulting in your baby’s condition. In addition, since some medical care professionals may deny liability, our legal team can help you hold the healthcare provider accountable and recover losses.
Compensatory Damages After a Hypoxic-Ischemic Encephalopathy Diagnosis
When your baby is diagnosed with HIE, you will likely face significant financial challenges for the rest of your child’s life. That involves regular therapies and special care, among other medical needs, which can be costly. However, if your child was diagnosed with HIE or other related conditions due to medical error, you should not have to incur these expenses or similar costs.
Filing a medical malpractice lawsuit action against a negligent healthcare provider can enable you to receive a settlement to cover various costs associated with the HIE. Some recoverable damages in a hypoxic-ischemic encephalopathy claim include:
- Past, present, and future medical expenses
- Pain and suffering
- Emotional distress
- Wrongful death benefits
- Other expenses directly emerging from the child’s disability
If your child dies due to HIE, you may file a wrongful death claim to hold the negligent party liable and recover losses. Working with a medical malpractice attorney can help you present the necessary proof of negligence and recover maximum compensation from the liable party.
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Statute of Limitations for an HIE Lawsuit in Georgia
The statute of limitations refers to the time limit or period a plaintiff has to file a suit against the at-fault party and recover damages. The law describes various statutes of limitations based on the types of birth injury and other aspects. Under the Georgia code, there is a two-year statute of limitations to file a medical malpractice claim after childbirth or a two-year deadline once the child turns five.
Suppose your child dies with hypoxic-ischemic encephalopathy, Ga. Code §9-3-71(a) gives you a two-year statute of limitations to file a wrongful death claim. Unfortunately, meeting these deadlines can be challenging for most people. Therefore, working with an experienced Georgia hypoxic-ischemic encephalopathy attorney can help you prepare your claim early and file a case against a negligent healthcare provider before these periods elapse.
How a Georgia Hypoxic-Ischemic Encephalopathy Lawyer Can Help
If your child was diagnosed with HIE or birth injury caused by a medical error or negligence, you have a right to take legal action and pursue compensation from a healthcare provider. However, the legal process can be time-consuming and complex, especially when caring for your child. Hiring a competent hypoxic-ischemic encephalopathy attorney at Birth Injury Lawyers Group can help you understand your legal options and recover a reasonable amount.
A Georgia hypoxic-ischemic encephalopathy attorney has extensive knowledge of patient rights, the continuing costs of caring for a child with HIE, and how a lawsuit can provide valuable compensation. Hence, an attorney can help you with the following:
- Scrutinize medical records and other relevant evidence to support your claim
- Estimate the value of your case
- Protect your rights and that of your child throughout the case
- Negotiate with the other party for a reasonable settlement
- Represent you in court and handle all communication on your behalf
- Argue your case aggressively and represent your best interests in and out of court
- If necessary, take your case to trial
A Georgia hypoxic-ischemic encephalopathy attorney can ensure you receive a fair settlement to cover medical care expenses for your child. In addition, if your child has died due to HIE caused by a medical error or negligence, an attorney can help your family recover damages.
Frequently Asked Questions About HIE
What Is Hypoxic-Ischemic Encephalopathy (HIE), and How does It Occur?
Hypoxic-ischemic encephalopathy is a medical condition that occurs when an infant’s brain doesn’t receive sufficient oxygen and blood flow during or around birth. This lack of oxygen and blood supply can lead to brain cell damage and, in severe cases, permanent brain injury.
When medical negligence or errors contribute to the occurrence of HIE, it may give rise to a birth injury or medical malpractice claim. An attorney specializing in HIE cases can guide families through the legal process, advocating for their rights and seeking the maximum compensation they deserve for their child’s injuries.
What Are the Long-Term Effects of HIE on a Child’s Development?
Hypoxic-ischemic encephalopathy can have lifelong consequences, depending on the severity of the brain injury and the areas of the brain affected by oxygen deprivation. Perinatal hypoxia can cause severe disabilities in a child’s physical, cognitive, and behavioral skills. Some of the potential long-term effects include motor impairments, cognitive challenges, speech and language delays, sensory impairments, behavioral and emotional issues, and seizures.
What Legal Options Are Available to Families Affected By HIE?
Families affected by HIE may have some legal options available to seek compensation and support, such as:
- A medical malpractice claim
- A birth injury lawsuit
- A wrongful death claim
- Social Security Disability benefits
- Special education rights
However, consulting with an experienced attorney specializing in birth injury and medical malpractice cases is important. They can assess your circumstances, gather evidence, and guide you through the legal process.
Contact a Georgia Hypoxic-Ischemic Encephalopathy Attorney Today
If your child has HIE due to the actions of a careless healthcare provider, a hypoxic-ischemic encephalopathy lawyer in Georgia can help. We have the skills and resources to handle your HIE claim and can help you go after the maximum compensation amount. Contact us to schedule a free legal consultation with our legal team today.