Hypoxic ischemic encephalopathy (HIE) goes by many other names, including birth asphyxia, perinatal asphyxia, and neonatal encephalopathy. If your baby suffers from HIE, it means that they did not receive enough oxygen to their brain at some point before, during, or after their birth.
In some cases, medical staff may be responsible for causing or failing to diagnose risks for HIE. As a form of brain damage, the condition can lead to many medical interventions and treatments, ultimately resulting in significant expenses.
New Jersey hypoxic ischemic encephalopathy lawyers can help your family seek justice and secure compensation for your child.
For a free legal consultation, call 1-800-222-9529
New Jersey Laws on HIE Claims
When you file a claim against a doctor, caregiver, hospital, or other at-fault party for your child’s hypoxic ischemic encephalopathy in New Jersey, your claim is considered a medical malpractice lawsuit. There are strict rules about this type of personal injury claim, and a birth injury lawyer can help ensure that everything is done properly and on time.
The Statute of Limitations for New Jersey Hypoxic Ischemic Encephalopathy Claims
In general, New Jersey Statute § 2A:14-2 provides a two-year statute of limitations for medical malpractice claims. This means that you must file your case within two years of the injury to your child or risk losing the right to pursue compensation at all.
However, your child may be eligible to file a lawsuit for compensation if their parents have not filed before their 12th birthday. A skilled HIE lawyer in New Jersey can help you figure out and abide by the deadline in your specific case.
The Burden of Proof in New Jersey Medical Malpractice Claims
New Jersey law says that any medical malpractice claim must prove that the medical care provider strayed from the accepted “standard of care” of healthcare practice. This means you and your attorney will need to show evidence that:
- The physician or medical staff did not adhere to the accepted medical standards
- This breach of the medical standards directly caused or contributed to your child’s injury
- Your child’s injury (HIE) has resulted in damages or harms
Going up against hospitals and physicians with large bankrolls can be difficult even in the best circumstances. After suffering a birth injury to your child, you should not have to deal with this level of stress. Our HIE lawyers can help ease the legal burden on your family while you work to care for your child.
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What Is the Value of Your New Jersey HIE Claim?
Getting justice for your baby is obviously a priceless, invaluable goal, and it’s one that our New Jersey birth injury lawyers take incredibly seriously. In addition to justice, there is also the issue of your ongoing medical bills and the effects of the injury that your child will endure for the rest of their life.
These effects are called damages, and they constitute the monetary value of your HIE claim. Damages come in two categories: economic harms and non-economic effects.
The first category of damages includes all the ways that your baby and your family will be financially harmed by the injury to your child. This can include items like:
- Current and future medical expenses related to your child’s HIE
- Costs of installing accessibility equipment in your home
- Your child’s lost earning potential due to disability
- Wages you have lost because of caring for your child
Of course, monetary harm is far from the only way that you and your baby can be negatively impacted by hypoxic ischemic encephalopathy. All the harms your child experiences that are not purely money-based are lumped into the non-economic damages category, such as:
- Physical pain your baby endured
- Their mental or emotional suffering
- Lost ability to enjoy life
- Lost quality of life
An attorney can help you better understand the compensation you and your child deserve by evaluating and cataloging all these damages. Knowing what you are truly owed helps you to avoid settling for a lowball offer that won’t adequately cover your family’s needs.
Do You Have to Go to Court for an HIE Claim in New Jersey?
Understandably, many families who have experienced birth injuries simply want the ordeal to be over and done with so that they can move on with their lives and focus on their children. The good news is that most personal injury claims never see the inside of a courtroom.
In fact, most claims settle during the negotiation phase. Your attorney will sit down with opposing counsel to come to agreeable compensation terms.
Using evidence like expert witness testimony, video or photos of the birth, medical records, and additional factors, your lawyer will show that the medical staff is at fault for your child’s injury. They also catalog your family’s damages to accurately determine what you’re owed.
However, the goal is to get your family the compensation you deserve. While many cases settle before a trial, you need an HIE lawyer in New Jersey who is unafraid to take your claim to court when the other side does not want to provide you with adequate compensation.
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Speak With Hypoxic Ischemic Encephalopathy Lawyers for Free
At the Birth Injury Lawyers Group, we are dedicated to providing justice to families who have experienced all manner of birth injuries, including HIE. Our New Jersey hypoxic ischemic encephalopathy attorneys offer FREE consultations to better understand how we can help you in your specific case.
If you and your family are ready to pursue legal action against medical staff that caused or contributed to your child’s hypoxic ischemic encephalopathy, call us or contact us online today to schedule your appointment.