What A Hypoxia Attorney Can Tell You About Brain Injury Litigation

By Author: duffy duffy
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If you had traumatic labor and delivery, and are worried that your child may have suffered brain damage during the birthing process your next step should be to contact a hypoxia attorney, who can help you understand the nuances of brain injury litigation. Listed below is some important information your attorney can share with you.

Your child may have suffered brain injury due to hypoxia

Each child is unique and has his own rate of development. However, there are important milestones that each child needs to hit during his period of growth. The abilities to speak and execute fine motor skills are vital to any child’s development. If after a thorough examination, review of records and other data your child’s pediatrician suspect’s brain injury, and you recall that your baby experienced distress during delivery; you should collect your child’s medical records from the very beginning and consult with a hypoxia attorney. He or she can review the voluminous records and advise you if the brain injury may have been due to lack of oxygen suffered by the baby during birth.

Hypoxia may have been caused ...
... by doctor’s negligence

Labor and delivery is very stressful and often unpredictable, and unfortunate results do occur through no fault of anyone involved. However, if the doctor makes a mistake that could have been avoided or does something that goes against the acceptable medical standard in the community, he or she may be sued for negligence, especially if the mistake causes injury to the child. For example, a doctor’s failure to order a timely c-section resulting in respiratory distress, can result in hypoxia complications. Hypoxia attorneys understand the difficulties you are facing; having helped many families get through this process and will be with you every step of the way through this litigation process.

Medical malpractice cases are notoriously difficult to litigate

Oxygen deprivation, leading to dead brain cells, can be caused by many factors, other than medical malpractice. Few examples are heart attack, carbon monoxide poisoning, choking or head trauma. Since hypoxia has so many causes it is difficult to win, unless there is a clear proof of a doctor’s mistake during labor and delivery. Even then the doctors and their insurance companies refuse to settle with the plaintiff and force the case to a jury trial where juries are notoriously pro-doctor, not to mention the cost of hiring expert witnesses to testify on plaintiff’s behalf is significant.

There are strict deadlines for starting medical malpractice lawsuits

Infant’s statute is “tolled” meaning their right to sue the responsible party can be extended till after they reach majority. The parents right to sue, however, does not get the same extension, thus if you’ve incurred significant medical expenses to care for your child and will continue to have bills in the future, getting in touch with a hypoxia attorney without delay can put you on the right path toward suing a negligent party and getting the recovery that will provide for your child’s treatment and care.

Brain injury lawyer : At Duffy & Duffy we understand brain injury and the medical mistakes that can cause it. You can receive financial compensation for life-long expenses for your child. For more detail please visit http://www.duffyduffylaw.com