An Atlanta hypoxic-ischemic encephalopathy lawyer may be able to help you pursue a medical malpractice case if your child suffers from the effects of a birth injury. Hypoxic-ischemic encephalopathy (HIE) causes long-term and permanent impairments and dysfunction and is preventable in many cases.
If you can prove your child’s birth injury occurred due to medical negligence, you can recover compensation for their treatment and care.
You can speak with a team member from the Birth Injury Lawyers Group during a free consultation today. You also can learn about your options based on the details of your child’s injury and prognosis. Call (800) 222-9529 to get started.
For a free legal consultation, call 1-800-222-9529
Moving Forward with Your Case Against an Atlanta Doctor or Hospital
An Atlanta hypoxic-ischemic encephalopathy lawyer will likely represent your family based on contingent fees. Most will not require an upfront payment before they begin work on your case. Instead, they will receive their fees as a percentage of the compensation they recover in your case.
Each state has laws in place that determine how the medical malpractice process works and the evidence necessary to prove your case. Like other states, Georgia requires you to work with a medical expert witness who can confirm that the caregivers violated the acceptable standard of care expected from a medical care provider and that this caused your child’s injuries.
Your lawyer will likely have a network of experts they work with regularly, including one with experience in HIE. Alternatively, they will use their network to identify an expert who will testify on your behalf after reviewing the relevant medical records.
This testimony from an expert witness will form the basis of your medical negligence case and serve as its primary evidence. Your attorney will use it to bolster their settlement negotiations with the malpractice insurance provider or center their argument around it in court.
Atlanta Hypoxic-Ischemic Encephalopathy Lawyer Near Me 1-800-222-9529
Damages Available in an Atlanta HIE Birth Injury Claim
Holding the at-fault doctor or medical care facility accountable is important, but recovering compensation to help you pay for your child’s treatment may matter more.
When your attorney gathers evidence to prove medical negligence, they will also gather information about your medical care costs, ongoing care, and support expenses, time missed at work, and more. This information will help you understand how much your case is worth and how much you should demand in a payout.
The compensation you recover should also make it easier to provide for your child’s needs in the future, including renovating your home for wheelchair access, upgrading their hearing aids, or investing in a van with a wheelchair lift. You can also seek damages for intangible losses your child experienced, such as their pain and suffering.
Deadlines for Taking Legal Action Based on Your Child’s Injuries
Every state sets deadlines, known as statutes of limitations, on how long you can wait to file a lawsuit under most circumstances. In Georgia, this is generally two years in a medical malpractice case per OCGA §9-3-71.
However, additional rules apply when the victim of the malpractice is a minor, such as in a birth injury case. While this extends how long you can wait to begin the legal process, there is a statute of repose of five years in Georgia. This means you must act before this deadline regardless of the outstanding circumstances in the case.
To determine the exact deadline for filing a lawsuit, if it becomes necessary, you should speak with the Birth Injury Lawyers Group. We represent families in and around Atlanta and can help you understand how Georgia’s laws apply based on the facts of your case.
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HIE Can Cause Lasting Challenges for Children
Hypoxic-ischemic encephalopathy occurs when a baby experiences asphyxia long enough to damage brain tissue and causes a lasting brain injury. Many things can trigger asphyxia in a baby just before birth, during labor, or shortly after birth. These include:
- Uterine rupture
- Placenta or umbilical cord complications
- Low blood pressure in the baby’s mother
- Getting stuck in the birth canal because of a breech presentation
- Shoulder dystonia
The doctor monitoring the baby and mother and delivering the baby must recognize the signs of asphyxia and address them immediately to prevent HIE. If the baby does suffer brain damage, there are a wide range of outcomes. Some children experience only mild effects.
According to Newborn and Infant Nursing Reviews, between 40 and 60% live with severe disabilities or die by age 2.
Long-Term Effects of HIE
HIE’s lasting effects include seizures, cerebral palsy and other motor disorders, intellectual disabilities, blindness, hearing loss, and more. Many children live with more than one of these conditions, such as cerebral palsy and epilepsy or cerebral palsy and an intellectual disability. This can make it more challenging to address their limitations through therapy and other means.
There is no way to prevent the effects of HIE once brain damage occurs. However, induced hypothermia shows promise in reducing the severity in some children. With medical treatment, therapies, and ongoing care and support, many children can live a high quality of life despite their injuries.
Get a Free Review of Your Child’s Case by Calling Now
The Birth Injury Lawyers Group offers free consultations. We want to discuss your child’s case and get you the help you need today. Call (800) 222-9529 to speak with a team member now.