Lack of adequate medical care during and after birth is considered medical malpractice. When a birth injury such as hypoxic ischemic encephalopathy (HIE) occurs, you and your family should know your rights and legal options.
If you are in Indiana and your child or someone in your family has suffered HIE, an Indiana hypoxic ischemic encephalopathy attorney can help you establish whether the birth injury was due to the negligence of your healthcare provider. If so, you may be entitled to compensation for your damages, and your attorney can help you navigate this intricate process. Call Birth Injury Lawyers as soon as possible to schedule a consultation.
How a Hypoxic Ischemic Encephalopathy Attorney Can Help You
A hypoxic ischemic encephalopathy attorney can help you pursue compensation if your baby has suffered a birth injury such as HIE. They will listen to your story and ask a few clarifying questions. If a consultation is all you require, they may provide one at no cost and advise you on your rights and possible next steps.
An objective assessment of your situation is critical because, in an emotional moment, you may make an irrational decision that weakens your case. Your attorney can help you in the following ways:
Investigating Your Case
Determining the exact underlying cause of your baby’s injury is critical to understanding whether you have a case. Although an Indiana hypoxic ischemic encephalopathy attorney is well versed in the medical and legal aspects of birth injuries, they will consult with medical professionals to recognize the subtle signs of malpractice.
They can work with medical care professionals and use their valuable perspectives, experience, and knowledge to gain insight into the errors that may have occurred before, during, or after birth. Access to reputable nurses and doctors Can strengthen your case.
Gathering Evidence
After concluding that medical malpractice was the underlying cause of your child’s injury, your attorney will begin collecting evidence to prove negligence. There are hundreds of different types of evidence that could be relevant to your case. Some of them include:
- Medical records
- Hospital records
- Healthcare policies and regulations
- Expert witness reports
- The nature of the injury
Your attorney will gather the necessary evidence to prove the doctor owed you and your child a duty of care that they breached by deviating from what a reasonable doctor would do.
Calculating Damages
A hypoxic ischemic encephalopathy attorney in Indiana can help you determine the amount of compensation the negligent party owes. The total amount of damages depends on your child’s past, present, and future medical expenses or, if the injury was fatal, funeral expenses. They can also include lost wages if you missed work or left your job to care for your child; compensatory damages for pain, suffering, and emotional distress; and even punitive damages to punish the negligent party.
If you try to calculate the amount yourself, you may unintentionally leave out several factors, resulting in less compensation. Also, because this is likely your first experience with a birth injury, you may not properly estimate your expenses. Your lawyer can help you calculate the total amount to ensure you are fully compensated and the negligent party is held accountable for their error.
Negotiating Compensation with the Other Party
During a medical malpractice case, settlement negotiations usually involve alternative dispute resolution. Your chances of receiving fair compensation are higher if you work with an Indiana hypoxic ischemic encephalopathy lawyer during these negotiations since they have experience handling the opposition’s intimidation tactics.
Fighting for You in Court
If you decide to proceed to trial after failing to reach a settlement with the negligent party, your lawyer will argue your case in front of a judge and fight for you to receive justice.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Potential Recovery from an HIE Lawsuit
If your attorney succeeds in proving that the medical professional was negligent and their negligence fully or partially led to your child’s birth injury, you can recover:
- Future medical and rehabilitation expenses for your child
- Additional care costs if they require assistive care
- Disability accommodations such as home modification
- Mobility devices such as wheelchairs
- Lost income from time spent in recovery or caring for your child
- Past medical expenses
- Future special education costs
- Compensation for your pain, emotional suffering, and distress
- Other related economic and noneconomic damages
If the negligence resulted in a fatality, your lawyer can help you file a wrongful death claim.
Indiana Hypoxic Ischemic Encephalopathy Lawyer Near Me (800) 222-9529
The Amount of Compensation You May Receive
In Indiana, there is a $1.25 million damage cap in personal injury claims and a $250,000 medical malpractice liability insurance cap on any single medical malpractice claim. This includes not only your past and current medical bills, but also all of the medical bills for treatment your injured child will need in the future.
Contact an Indiana Hypoxic Ischemic Encephalopathy Attorney Today
A birth injury as severe as HIE can have a devastating impact on your entire family. It is expensive to treat and stressful to deal with, and you may even have to give up your job to care for your child.
Working with a hypoxic ischemic encephalopathy lawyer in Indiana can help you and your family by fighting for you to receive financial compensation for your child’s birth injury. At Birth Injury Lawyers group, will work to hold the negligent medical professional accountable and protect future patients from malpractice. Call or contact us online for a free consultation today.
"We are committed to helping families who have suffered medical negligence."
