Birth asphyxia, perinatal asphyxia, and neonatal encephalopathy are all alternative names for hypoxic ischemic encephalopathy (HIE). The condition occurs when a baby is deprived of the appropriate amount of oxygen at some point before, during, or soon after birth.
HIE can cause a wide range of disabling conditions that could affect a child’s life in the long-term. Though there could be natural causes, medical malpractice may have played a part in your child’s HIE diagnosis. With help from experienced HIE lawyers in Ohio, you and your family can seek compensation and justice.
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Who is Responsible for Your Child’s Birth Asphyxia?
There are many types of situations that could cause your baby’s condition. Sometimes, doctors, OBGYNs, and other medical professionals may fail to diagnose issues that may lead to HIE. In other cases, the cause could be more direct, including:
- Improper use of force during delivery
- Failing to act on restricted airways in a timely manner
- Use of outdated or unapproved tools during delivery
Whether through a misdiagnosis, lack of diagnosis, or direct action or negligence, medical professionals and the organizations that employ them could be held legally responsible for causing your child’s medical condition and associated damages.
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Ohio Hypoxic Ischemic Encephalopathy Lawyers Help Get Your Child Compensation
Any injury or medical condition can lead to significant financial, emotional, and physical hardship both for your child and for you. These damages, when totaled, constitute the monetary value of your Ohio HIE claim. The at-fault party in your case may owe your baby compensation for economic suffering as well as more subjective types of harm known as non-economic damages.
Calculating HIE Claims’ Economic Damages
This category of harm includes all the ways that your baby’s injury and condition affects both your finances and their future financial capabilities. For example, your hypoxic ischemic encephalopathy lawyer in Ohio could be able to get you and your child compensation for:
- Medical bills
- Future medical expenses (such as accessibility modifications to your home)
- Wages lost as you take care of your baby
- Your child’s lost future earning capacity (an estimate of the amount of money they will not be able to make in the future due to their disability)
Understanding Non-Economic Damages Compensation
The financial harms your family and child suffer as a result of their hypoxic ischemic encephalopathy are far from the only ways that such a condition can cause harm to you. There are more subjective types of suffering that also deserve compensation. These non-economic damages include issues like your child’s pain and suffering, loss of quality of life, and similar ills.
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Proving Medical Malpractice in Ohio HIE Claims
There are many laws surrounding medical malpractice lawsuits in Ohio. This is good because it helps protect medical caregivers, but it also means that spearheading a case can be time consuming, stressful, and difficult.
Ohio hypoxic ischemic encephalopathy attorneys can help ease this burden by taking on all the legal responsibilities associated with your claim. They will work to meet Ohio’s burden of proof for medical malpractice cases, which means showing that:
- The at-fault party strayed from the nationally accepted medical standard of care
- This breach of the standard of care directly contributed to your child’s subsequent hypoxic ischemic asphyxia
- Due to your baby’s HIE, you and your child have suffered compensable harm
Often, proving medical malpractice requires attorneys to work with expert witnesses. These are physicians with experience delivering babies, and their testimony can help show the court that the average, reasonable medical professional would have acted in a different way than the at-fault party.
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There is a Short Window to File HIE Claims in Ohio
Getting your child the medical attention they need after suffering from hypoxic ischemic encephalopathy is obviously your first priority. However, Ohio’s existing laws have a very short deadline by which your must file an intent to sue for compensation. This statute of limitations for medical malpractice claims is set at one year from the date of the injury to your child.
In certain situations, you may have additional deadlines that you must adhere to in order to preserve your child’s right to pursue justice and compensation. While you and your family focus on taking care of your precious newborn, Ohio birth injury attorneys can ensure that your paperwork is handled properly and filed on time.
Speak With Experienced Ohio HIE Lawyers for Free
The Birth Injury Lawyers Group was founded by attorneys who have personally experienced the pain of birth injuries within their own families. Our Ohio hypoxic ischemic encephalopathy attorneys are compassionate representatives who fight aggressively for justice on your behalf.
We provide all clients with a free, no-obligation consultation to discuss the details of your claim, and we don’t get paid a fee unless and until we win your child the compensation they deserve. Call us today or head over to our contact page to schedule your free consultation and get your push for justice started.
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