Hypoxic ischemic encephalopathy (HIE) is a potentially serious condition caused by oxygen deprivation to the brain. Children with HIE can be lethargic, limp, unreactive to sounds or sights, experience seizures, and have feeding difficulties. Fortunately, you can pursue compensation and justice for your child if you suspect their condition is due to negligence or a healthcare provider’s careless actions.
Birth Injury Lawyers Group has extensive knowledge in birth injury cases and can help you seek justice for your child if their condition was caused by a negligent doctor. A Maine hypoxic ischemic encephalopathy attorney can also estimate the value of your claim and help you seek compensation from the at-fault party.
For a free legal consultation, call 1-800-222-9529
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 nonreassuring 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.
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What to Do if HIE Occurs Due to Medical Negligence in Maine
Since Maine 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 Maine hypoxic ischemic encephalopathy lawyer increases your chances of receiving fair compensation.
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Proving Negligence in an HIE Birth Injury Claim
If a medical professional or hospital was negligent and it led to your baby’s injury, Maine 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 Maine, 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 ofduty 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 Maine 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.
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Recoverable Damages in an HIE Claim
An infant diagnosed with HIE may require extensive medical treatment and frequent monitoring throughout their lives. Parents of children diagnosed with HIE often suffer financial difficulties and other challenges associated with the condition. If your child has HIE caused by a negligent healthcare provider, you can file a lawsuit and recover damages.
Some recoverable damages in an HIE claim you may receive to cover costs associated with the management of your child’s condition include:
- Past, present, and future medical costs
- Pain and suffering
- In-home medical care
- Lost wages and earning capacity
- Permanent disability
- Additional benefits associated with your child’s condition
In some cases, HIE can result in the death of your baby, and you may be able to file a wrongful death claim against the responsible party. At Birth Injury Lawyers Group, a Maine hypoxic ischemic encephalopathy lawyer can help determine the value of your claim and recover damages related to your child’s condition. Whether you’re filing for wrongful death or recovering damages, the legal team is on your side.
Statute of Limitations for HIE Claims in Maine
The statute of limitations is the time limit that victims have to take legal action to recover damages against a negligent party. In Maine, the statute of limitations for HIE claims is three 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 three 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 Maine 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 Maine 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
Contact an Experienced Maine Hypoxic Ischemic Encephalopathy Attorney Today
If your child was diagnosed with HIE caused by a negligent doctor or hospital, an experienced Maine hypoxic ischemic encephalopathy attorney at Birth Injury Lawyers Group can help. We will fight for your child to receive justice and for you to receive financial compensation. Contact us to learn more or schedule a free consultation with our legal team today.
Call or text 1-800-222-9529
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