HIE at birth can result from medical malpractice during or after the birth of the infant.
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We can deal directly with insurance companies, medical providers, and defense lawyers on your behalf so that you can devote your attention to your family. Here are some of the ways our birth injury attorney can help:
Medical malpractice cases associated with HIE most commonly stem from:
โข Inexperienced medical staff
โข Mismanagement of issues related to the placenta, umbilical cord, or the motherโs uterus
โข Not properly using a fetal heart rate monitor
โข Failing to recognize non-reassuring fetal heart patterns
โข Mismanagement of high-risk pregnancy (not taking appropriate precautions)
โข Failing to provide therapeutic hypothermia when HIE is suspected (or should be suspected)
Select Justice is a group of investigators and technology professionals who are committed to bringing justice and help to people who are suffering from serious injuries. For over 12 years, we have built a network of legal partners and advisors that are devoted to helping individuals unite and fight against dishonest corporations by holding wrongdoers accountable for their unethical behavior
No parent goes into labor and delivery expecting everything to go perfectly. We understand that complications can happen, but we trust our obstetrician, the hospital, and the rest of the medical team to know how to handle any situation to keep the mother and the baby safe. When a preventable medical mistake happens due to negligence, that trust is broken, and lives can be shattered.
Labor and delivery personnel are trained to uphold high standards of care. If these professional standards are ignored, both mother and baby can suffer life-altering consequences. Hiring a birth injury lawyer to file a claim may not undo the harm that was caused, but it can help cover the costs of treatments that will allow your child to have the best possible quality of life.
The statute of limitations for filing a birth injury claim is different in every state. One thing that is the same in every state is the fact that if you file a claim after this timeframe has passed, you wonโt be able to get compensation. Thatโs why itโs critical that you reach out to us to learn what the laws are in your state.
There are four elements the law requires a birth injury attorney to prove to hold someone responsible for a birth injury. Your lawyer can help you build a case that proves all four of these factors:
Legal Duty of Care - You can only sue someone who owed you and your child a legal duty of care. Someone delivering medical services in a healthcare setting owes their patients a duty of care to provide quality service consistent with the standard of care.
Negligence - If a medical professional did not provide care consistent with the standard of care, then the medical professional is negligent. The standard of care depends on the circumstances of the case and other factors. Your attorney can help you build a case that establishes the defendant did not adhere to the standard of care given the circumstances of your case.
Causation - Causation means that the medical mistake caused or contributed to harm that the patient sustained. For example, if a doctor was negligent in not monitoring the child during labor, and the child suffered brain injuries due to oxygen deprivation as a result of the inadequate monitoring, then the doctorโs negligent monitoring caused the childโs injuries.
Damages - You must establish damages for your birth injury lawsuit. Damages may include economic losses, including lifetime cost of care, as well as non-economic losses like pain and suffering. The costs of disabled access home and vehicle modifications, adaptive technology, and special education and training may also be included in your damages.
In some cases, there may be multiple parties who share some degree of liability. Our birth injury attorneys will identify all potentially liable parties in your case.
When you hire a birth injury attorney, one of the first things we will do is review your evidence and estimate how much you can recover in your claim. Birth injury lawsuit settlements can vary significantly depending on each caseโs unique circumstances and state law.
Online settlement estimator calculators are not accurate. Only a lawyer can make an accurate estimate of your damages by reviewing your evidence.
When you share you personal and private information with our team of professionals, we take many special measures to protect your privacy. We are HIPAA-compliant to ensure any medical records you share with us are secure. Additionally, we follow other best practices in the areas of information security to assure your information is safe from prying eyes.
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