Having a baby is a complex process that begins as soon as you realize you are pregnant. From check-ups through delivery, your doctor and medical care team are responsible for doing everything that they can to keep you and your child healthy. If you believe that a birth injury related to a lack of oxygen to the brain (neonatal anoxia) was caused due to negligence, a Columbus Medical Malpractice Lawyer can help you determine if you should file a lawsuit and pursue damages.
When you call The Fitch Law Firm LLC, a staff member can offer you a free consultation. We can tell you more about your legal options and how your family can move forward.
Pursuing Damages for Your Newborn’s Injuries
A newborn anoxic brain injury happens when the infant does not receive enough oxygen during birth, and the resulting injuries can result in a lot of financial stress. That is why some parents decide to pursue damages in a civil suit. A settlement could be used to cover:
This brain injury can result in more medical bills for the mother and the infant. Childbirth is already expensive enough, even with insurance, and these extra costs could easily begin to cause financial hardship for your family.
Long-Term Care Costs
A brain injury related to a lack of oxygen at birth could result in other medical issues that have lasting effects. Paralysis, cerebral palsy, and other problems that arise due to anoxic brain injury can render the child unable to care for themselves through adulthood. Your compensation should be calculated with the future cost of care for your child in mind.
If your child requires more care because of a brain injury, that may require one or both parents to take time off from work. This can mean lost wages and even more financial hardship. In some situations, your compensation may be able to help make up for these lost paychecks as well.
Pain and Suffering
Any other physical and psychological pain and suffering resulting from a lack of oxygen at birth should be considered when your settlement is being negotiated.
If the lack of oxygen at birth led to the death of your child, you may be able to pursue wrongful death damages, such as loss of companionship and funeral and burial services.
If your child experienced anoxic brain injury due to a medical practitioner’s actions or inaction, you should not have to pay for someone else’s mistakes. At The Fitch Law Firm LLC, we understand that coping with the brain injury or death of a newborn can be difficult.
Our compassionate medical malpractice attorneys will handle the legal aspects of your case, so you can take the time you need to make necessary arrangements.
For a free legal consultation with a Columbus newborn anoxic brain injury lawyer, call: (614) 545-3930Call Now »
How a Lawyer Can Help
Having representation can help you fight for the best legal outcome and take some stress off you in this trying time. A medical malpractice lawyer Columbus that handles birth injuries that stem from a lack of oxygen may:
- Communicate with all involved parties
- Determine fair compensation and help you pursue damages
- Keep you updated on your case and its progress
- Name liable parties and show their negligence
- Gather the evidence needed to make your case
- Argue in court and in front of a jury, if necessary
Your lawyer is there to act as your advocate and fight for the best possible results for you and your family.
Who Is at Fault in a Birth Injury Case?
When you go to the hospital to give birth, you depend on the doctors, nurses, and other medical practitioners to act in the best interests of you and your child. Even with the best of intentions, sometimes medical errors occur due to negligence. Negligence that results in birth injuries include:
- Improper use of birthing equipment, such as vacuum extractors and forceps
- Miscommunication between medical practitioners
- Failure to identify risk factors prior to birth, such as the baby’s size and position in the womb
- Failure to notice that the newborn is in distress before, during, or after birth
- Failure to take appropriate action if the baby is distressed
- Failure to diagnose umbilical cord issues
- Overlooking infection after birth
- Administering incorrect medication or wrong dosage
While many birth injuries arise from individual negligence, some issues may be due to systematic problems within the hospital or medical facility. If your child experienced a lack of oxygen to the brain because of any of the above factors, reach out to an anoxic brain injury attorney to discuss your options. They will examine your case and help determine who is responsible for your baby’s injuries and how to move forward with your case.
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Common Causes of Birth Injuries
The birth process places significant pressure on the infant from uterine contractions, contact with pelvic bones, and the use of forceps. Injuries that occur during the birthing process can range from moderate bruising to joint damage, swelling, temporary paralysis, or broken bones. A variety of factors can increase the potential for birth injuries, including the shape of the mother’s pelvis and the size of the baby.
Other common causes of birth injury include:
- Premature birth
- A long or difficult labor
- The baby’s position in the birth canal
- The use of devices like forceps in the delivery
Your care team should know the risks and prepare for the possibility of birth injuries and be ready to treat them. While many birth injuries resolve themselves within weeks or months, some injuries can cause lasting damage to the baby. Brain injuries due to lack of oxygen, also known as anoxic brain injuries, can be especially dangerous.
The Types of Brain Injuries Caused by a Lack of Oxygen
An anoxic brain injury is caused by a lack of oxygen making its way to the brain. Just a few minutes without oxygen can result in the death of brain cells, leading to immediate and potentially long-lasting health effects. There are multiple types of anoxic brain injuries, including:
- Anemic anoxia: this type of brain injury occurs when the blood cannot carry enough oxygen to the brain. This can also happen if there is not enough blood in the body to get the needed oxygen to the brain.
- Anoxic anoxia: this kind of brain injury can occur when there is not enough oxygen in the air, resulting in suffocation.
- Toxic anoxia: in these situations, a chemical or poison has somehow interfered with the brain’s ability to take in oxygen from the blood.
If your child experienced anoxic brain injury due to the negligence of a medical practitioner, you can seek compensation for the losses you sustained. Medical practitioners have a duty to provide care that ensures the health and well-being of the mother and child during birth.
If they do not meet that standard of care and your child is injured as a result, our Columbus newborn anoxic brain injury attorneys will help you seek fair compensation for the difficulties you endured.
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If you believe that the negligence of medical professionals caused your child’s birth injury, call The Fitch Law Firm LLC. A consultation can help you become more informed about how a Columbus Personal Injury Lawyer can help you build your case and pursue the compensation you and your family may deserve.
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