Talk to a Maryland hypoxic-ischemic encephalopathy lawyer to file a legal claim for damages against a negligent hospital or doctor for your baby’s condition. Hypoxic-ischemic encephalopathy is a birth injury when a baby’s oxygen flow is restricted. It’s also known as birth asphyxia, neonatal encephalopathy, and perinatal asphyxia.
Though the injury can occur naturally, there are some instances in which medical staff’s actions or negligence could be responsible for causing harm to your child. A team of birth injury lawyers can help you seek compensation against medical professionals and caregivers. However, as medical malpractice cases have a strict time limit, you should speak with a qualified hypoxic-ischemic encephalopathy attorney as soon as possible.
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Hypoxic-Ischemic Encephalopathy Explained by a Maryland Lawyer
Our Maryland birth injury lawyers know families of affected children have a primal need to understand how hypoxic-ischemic encephalopathy (HIE) happens. HIE is a type of brain damage that occurs when an infant’s brain is deprived of oxygen and blood flow. And it usually happens during or around the time of birth. This lack of oxygen and blood flow can result in severe neurological injury and lead to long-term disabilities and developmental delays.
Main Causes of Hypoxic-Ischemic Encephalopathy
A HIE can be caused by various factors, such as:
- Placental complications. Complications during the delivery process, such as placental abruption or placental insufficiency can disrupt the oxygen and nutrient supply to the baby.
- Umbilical cord problems. Umbilical cord injuries are rare, but a compressed umbilical cord can restrict blood flow and oxygen delivery to the infant’s brain, causing brain injury.
- Prolonged labor or difficult delivery. Extended labor, failure to progress, or the improper use of delivery tools like forceps or vacuum extractors can increase the risk of oxygen deprivation.
- Maternal health conditions. Maternal conditions such as preeclampsia, gestational diabetes, or infections can contribute to a HIE.
Hypoxic-Ischemic Encephalopathy Symptoms
Recognizing the symptoms of hypoxic-ischemic encephalopathy is crucial to provide the proper medical care. Common signs and symptoms of HIE may include:
- Difficulty breathing
- Poor muscle tone
- Weak reflexes
- Seizures or abnormal movements
- Excessive sleepiness
- Difficulty feeding
- Heart or kidney problems
Legal Implications of Hypoxic-Ischemic Encephalopathy
If your child has been diagnosed with hypoxic-ischemic encephalopathy, it is essential to consider the legal implications and potential medical malpractice claims. While not all cases of HIE result from medical negligence, it is crucial to consult with an experienced Maryland lawyer specializing in birth injury cases to evaluate your situation thoroughly.
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How Can a Hypoxic-Ischemic Encephalopathy Lawyer Recover Damages?
Birth injuries can be overwhelmingly complicated for the parents of a victim but also the baby’s health and well-being. The cost of medical treatments is high, and your baby may need medical assistance and rehabilitation treatments for years or even decades. Pursuing damages may be your best chance at providing your kid with resources to cover every part of their treatment.
However, filing a medical malpractice claim for hypoxic-ischemic encephalopathy may not be an easy task. These are some of the functions our birth injury lawyers can take to help you:
Determining Liability for a Hypoxic-Ischemic Encephalopathy Case
To claim compensatory damages, you need to demonstrate that your baby’s injury resulted from a negligent nurse or doctor and not caused by genetic factors. To prove that, your attorney can interview witnesses and other doctors and review medical records and hospital schedules. Your attorney will use the found evidence to present an insurance claim or to fight for a verdict in a Maryland courthouse.
Calculating Damages for a Hypoxic-Ischemic Encephalopathy
You need to calculate appropriate damages to cover current expenses and future medical treatment. An attorney-however- can help you gather bills and invoices to calculate economic damages. Still, we can also help you calculate an appropriate amount for non-economic damages, such as your baby’s pain and suffering.
Represent Your Best Interests
In most cases, it will be necessary to negotiate with the hospital’s insurance, which can be overwhelmingly stressful, particularly when all your attention is on your baby’s health. But many cases go to court, so you should be ready to present your case to a judge or jury. An experienced hypoxic-ischemic encephalopathy attorney can take care of your legal claim, so you can focus on your baby’s treatment and your family’s well-being.
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Statute of Limitations for Hypoxic-Ischemic Encephalopathy Cases in Maryland
Maryland’s statute of limitations for personal injury claims like an HIE medical malpractice lawsuit is set at three years by Code of Maryland § 5-101. That means that waiting more than three years after your child’s birth injury is discovered could mean that you lose the right to pursue compensation at all.
It is important to remember that many situations can affect and reduce your time frame to file a claim. And an experienced hypoxic-ischemic encephalopathy attorney in Maryland can ensure that your paperwork is filed on time so that you retain your right to pursue justice for your child.
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Who Can Be Liability for Your Child’s Hypoxic-Ischemic Encephalopathy?
Hypoxic-ischemic encephalopathy is a complicated injury that can occur at birth. And depending on the details of your case, several different people or institutions may be at fault for your child’s birth injury. These include:
- Medical staff present at your baby’s birth
- Medical staff who attended to you before your baby’s birth
- Medical institutions such as hospitals or birthing centers
- Medical device manufacturers
Caregivers may be held at fault when they do not operate according to the nationally accepted standard of care. That includes actions like applying too much pressure during the delivery and negligence. For example, doctors could be liable for failing to diagnose risks associated with HIE that could have been used to prevent ischemia.
Ask a Maryland Hypoxic-Ischemic Encephalopathy Lawyer About Your Case
Hypoxic-ischemic encephalopathy is a devastating condition that can profoundly impact a child’s life and the emotional well-being of their family. Understanding the causes, symptoms, and legal aspects of HIE is essential for parents seeking justice and support.
You may need to talk to a specialized birth injury lawyer if your child has been diagnosed with HIE. Our mission is to provide you with professional legal representation to seek justice for you and your kid. Don’t wait for the three-year statute of limitations to pass. Contact us today to schedule a FREE consultation with a skilled Maryland hypoxic-ischemic encephalopathy attorney.
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