Can I Sue if My Baby Suffered Oxygen Deprivation at Birth?
Hospitals are a safe place to have your newborn. However, sometimes things do not go as planned. The mistakes made can having long-lasting effects on your little one.
Oxygen deprivation at birth is avoidable in most cases. So, when it happens, it leaves parents confused and suffering alone. It is your right to seek damages that are both economic and non-economic. Attorneys that specialize in negligence go a long way to getting the compensation you deserve.
What is birth asphyxia?
Birth asphyxia happens when the brain does not receive adequate oxygen. People experience mild versions every day when we choke or hyperventilate. It is super dangerous for infants because 6-7% of cases lead to Cerebral Palsy.
Some doctors and medical malpractice attorneys believe that birth asphyxia leads to preventable brain injuries that happen during labor and delivery. It is why consulting with a lawyer who specializes in these types of cases is so critical to ensuring your baby has the long-term care they may need.
Negligence only accounts for a small percentage of cases of oxygen deprivation. However, when a medical professional fails to act when there are warning signs, you have the right to seek compensation for you and your little one.
Types of Damages
The definition of damages is the amount of money a jury or judge imposes because of negligence or a violation of rights. The three types of damages are – economic, non-economic, and punitive.
Economic damages are your costs and losses, including:
- Medical treatment
- Future and long-term care, including rehabilitation and therapies
- Special needs and education
- Home modifications and medical equipment
- Lost income throughout your child’s life
Non-economic damages are losses that do not have a monetary value, including:
- Pain and suffering
- Mental anguish
- Loss of quality of life
Punitive damages work a tad differently. It is a rare ruling where medical malpractice plays the most important factor. If a doctor, nurse, or hospital were involved in willful and wanton misconduct that led to your child’s injuries.
The Process of Proving Negligence
Things go wrong sometimes, and not every instance is medical malpractice. It is the job of Philadelphia birth injury lawyers to prove that the medical professional was negligent and at fault for your child suffering from oxygen deprivation at birth.
It is up to doctors and nurses to go above and beyond their duty to ensure that patients receive the best care possible. They have the training and expertise to meet the basic standards of care. So, when they fail to recognize and respond to complications during birth, they are negligent and accountable for the consequences.
The reason for hiring an attorney that specializes in medical negligence is that they not only do the work it takes to prove the claim, but they are also there to guide you through a devasting time in your life.
It is their job to show your provider’s actions were negligent. They must show that the defendant owed the duty of care and failed to act. It is up to your attorney to show that the breach led directly to your child’s injury and the resulted damages.
When it comes to oxygen deprivation at birth, the breaches of duty could include:
- Failure to notice signs of critically low oxygen levels
- Failure to perform a C-section to prevent injury to your child
- Failure to treat your newborn after oxygen deprivation
- Failure to administer proper care in a neonatal unit
- Failure to detect warning signs like umbilical cord prolapse or strangulation
The Importance of Contacting an Attorney
When your baby suffers from oxygen deprivation at birth, you are dealing with something no parent should have to go through. It is why you need and deserves an attorney that specializes in these sorts of cases.
It is not only about the paperwork involved. Your representation acts as an advocate for you when it comes to every step of the process. Your lawyers will conduct an independent investigation so they can prove negligence on the part of your healthcare provider.
During labor, people bustle in and out of the hospital room. Your legal representative will ask them for witness statements. Attorneys use the testimony of nurses and hospital staff to prove that negligence occurred because of a breach in the standard of care that led to your child’s injuries.
Your legal team works for you. In many cases, they do not take a dime until there is a settlement that all parties agree to. Your lawyers will handle healthcare providers, insurance companies, and the opposing law firm aggressively. They build a case based on facts and research.
Your team understands local, state, and federal laws and mandates. They will advocate for you and the compensation and justice you deserve. It includes going to trial to fight for your rights and the rights of your injured child.