Attorneys for hypoxic-ischemic encephalopathy claims in Pennsylvania work to secure compensation for families who have been affected by this type of birth injury. The condition also goes by the names birth asphyxia, neonatal encephalopathy, and perinatal asphyxia.
Our compassionate Pennsylvania birth injury lawyers can help you fight for compensation and justice for your child if they’ve suffered from this condition. The effects can be lifelong for survivors. Many babies die from the condition. In either case, you may be owed for what happened.
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What Is Hypoxic-Ischemic Encephalopathy (HIE)?
Ischemia occurs when your baby’s blood flow is restricted before, during, or after delivery. Hypoxia means your baby isn’t getting enough oxygen. Encephalopathy is the medical term for brain damage.
Thus, HIE is brain damage caused by either too little blood flow or too little oxygen. Birth injury cases like these are often stressful and difficult to handle, especially for the parents of injured children who need care.
Even mild cases of HIE can have devastating effects, including learning disabilities, developmental delays, cerebral palsy, seizures, and much more. It can also shorten your baby’s lifespan. Thousands of babies die every year because of HIE.
Pennsylvania Hypoxic Ischemic Encephalopathy Lawyer Near Me 1-800-222-9529
What HIE Attorneys in Pennsylvania Can Do for You and Your Child
If your baby suffered HIE and we can prove medical malpractice caused it, you can get compensation to pay for your baby’s care. Proving malpractice happened at birth is extremely difficult without the help of an experienced birth injury attorney.
Studies have shown that personal injury claimants who are represented by attorneys consistently receive more compensation than those who represent themselves. Besides making more financial sense, it’s also good to have an experienced Pennsylvania HIE attorney on your side in order to navigate the complexities of our legal system.
Your birth injury lawyer can help at every step of the lawsuit process, including:
- Filing your claim within the appropriate time frame
- Collecting and preserving evidence of fault and of the harms your baby has suffered
- Negotiating with opposing counsel for a fair settlement
- Taking your case to court if necessary
File Your Legal Claim in Time
In Pennsylvania, most personal injury claims have a statute of limitations of two years from the date of the injury, per 42 Pa. C.S. § 5524. This includes medical malpractice claims. Minors have a longer period to file, but we must claim any related injuries to the mother within this time frame.
Failing to file a claim within this two-year period means that you likely will lose the legal right to pursue compensation at all. Knowledgeable attorneys for HIE victims can help families file their claims properly and on-time so they don’t lose their chance at justice.
Collect Evidence to Support Your Claim
Your attorneys also work to catalog and preserve evidence that supports your claim for compensation. This can include a range of evidence types, including:
- Photos or videos of the delivery (if available)
- Expert witness testimony from other physicians or medical professionals
- Documentation of your child’s injuries
- Medical records
- Testimony from eyewitnesses (such as family members or hospital staff present at the delivery)
Proving your HIE claim requires evidence like this. By calling us soon after your baby has been diagnosed, you improve your chances of capturing this evidence while it’s fresh.
Handle Settlement Negotiations
In most personal injury claims, the cases are settled long before they ever reach the courtroom. The two sides, along with legal counsel, gather all their evidence and enter negotiations regarding appropriate compensation.
In order to get the compensation your family deserves to set up your child’s future, it’s best to have an experienced Pennsylvania attorney on your side. This not only signals the opposing counsel that you mean business, but it also means you are willing to go to court if that’s what it takes to get the fair compensation your child deserves.
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Proving Who Is At Fault for Pennsylvania HIE Claims
There are a number of defendants in your HIE case, and a skilled Pennsylvania lawyer will help you determine who to sue. Sometimes, HIE occurs with no one to blame. However, there are also instances in which medical malpractice can be the cause.
If we believe that medical error caused your case, you may pursue compensation from:
- Doctors and medical staff present at your delivery
- The hospital or healthcare center where your delivery took place
- Manufacturers of medical equipment (in rare cases in which faulty equipment is to blame)
Medical professionals can be held liable if they break from the nationally accepted standard of care. This means acting in ways that the average, reasonable medical professional would act. Examples of breaking the standard of care could include actions as simple as failing to diagnose risk factors of HIE or more blatant actions like an excessive use of force during childbirth.
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Compensation in HIE Lawsuits
Your child and your family deserve to receive compensation that adequately meets the financial needs associated with living with HIE. This can include compensation for harms like medical bills, the cost of accessibility modifications to your home, lost wages as a result of missed work, and your child’s lost capacity to earn a paycheck in their adult life.
Additionally, there are many ways in which your family is affected that aren’t related to money at all. For example, you can receive compensation for damages like your child’s pain and suffering, lost ability to enjoy life, lost quality of life, etc.
It’s the job of your Pennsylvania hypoxic-ischemic encephalopathy lawyer to adequately estimate the totals of these losses and fight for appropriate compensation from the at-fault party. Your doctor’s insurers will try to pay as little as they can, and they will if you don’t have the help of a lawyer.
Free Consultations from Our Pennsylvania HIE Attorneys
The Birth Injury Lawyers Group was founded by attorneys who have experienced the pain and difficulties of birth injuries in their own personal lives. We passionately and empathetically work with families just like yours with the goal of achieving justice, peace, and compensation that you deserve.
Schedule a FREE consultation with one of our HIE attorneys in Pennsylvania today, and let us know how we can help you. All our attorneys work on a contingency basis, which means you pay us no fee unless we win your child compensation. Contact us today.
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