It can result from a number of injuries or illnesses, but is most common in newborns as a result of complications during the birthing process. When a newborn suffers hypoxia, it often results in brain damage, which is devastating not only to the child but to his or her family.
Sometimes hypoxia is the direct result of medical incompetence, and when this is the case, the family of the child can sue for damages. With instances of medical malpractice resulting in hypoxia, an attorney who specializes in such cases can help the family to receive the compensation they deserve.
How Does Hypoxia Happen?
A newborn’s brain can be damaged by direct deprivation of oxygen, or by severe hemorrhage causing that deprivation. Intracranial hemorrhage, or bleeding in the brain, occurs when blood vessels burst within the skull. Sometimes this is due to a difficult labor or delivery putting pressure on the skull, causing it to become deformed. In some cases, this is preventable and could be the result of medical negligence on the part of delivery room personnel, or equipment that was not functioning as it should have.
If your child has sustained brain damage due to hypoxia, an attorney can help you to obtain medical records, and then advise you as to the most effective course of action. Not all cases of hypoxia due to medical malpractice end up in court – frequently, the hospital will offer to settle out of court. It is, however, very important that you not try to arrange a settlement on your own, because you will be up against legal experts retained by the hospital. You need a hypoxia attorney to work on your behalf.
If you are able to show negligence, then you have a basis for a lawsuit. You will have to show that the hypoxia was caused because of something that the doctor, nurse, midwife, or other medical professional did, or neglected to do, and that action or inaction constituted medical negligence.
This means that you have to identify what is the normal standard of care – what a similar, competent professional would have done in the same situation. You also have to show how their conduct failed to meet that standard.
In cases of hypoxia, your attorney will work with you to obtain expert medical testimony from people who work in the field, and who will provide an opinion that the defendant was negligent. Some states will only hear a medical malpractice lawsuit if you can provide such testimony.
See an Attorney
Doctors and hospitals pay out millions of dollars in any given year to insurance companies that have expert legal teams to look after their interests. That’s why, if your child has been injured through negligence causing hypoxia, an attorney is absolutely essential. Medical malpractice attorneys can investigate the case, evaluate the circumstances, and determine if medical negligence or malpractice caused the hypoxia that resulted in the brain damage.
In the face of dealing with a brain-damaged child, receiving compensation may be the furthest thing from your mind. But as the child grows, you will be faced with recurring medical expenses and other costs related to the care of your damaged child. You are also entitled, if the harm occurred due to medical malpractice, to compensation for your emotional suffering. A hypoxia attorney will work on your behalf to ensure that you receive the compensation you deserve.