Few moments in life are more joyful than the birth of a child. While this day is the culmination of months or even years of anticipation, the unfortunate reality is that serious complications can arise. When the medical professionals you rely on make crucial errors, your newborn could suffer severe injuries.
If unexpected issues arose during your child’s birth, our birth injury lawyers are here to help. Your child could face a significant financial burden for the rest of their life due to the doctor’s error, and a Rockville birth asphyxia attorney could help you pursue compensation that will provide for your child’s needs.
Understanding Birth Asphyxia
According to StatPearls, birth asphyxia is a serious medical condition that involves diminished oxygen and blood flow to a child’s brain. These injuries occur shortly before, during, or immediately after their birth. Also referred to as perinatal asphyxia or hypoxic-ischemic encephalopathy (HIE), this birth injury can have long-term, devastating consequences.
Birth asphyxia can have a wide range of effects. The severity of these injuries will largely depend on how long the child went without oxygen. Severe or prolonged asphyxiation can lead to permanent disabilities or even death. According to the Birth Injury Help Center, some of the effects of birth asphyxia can include:
- “Floppy” muscles
- Excessive irritability
- Irregular breathing, heart rate, or blood pressure
- Death, in 15-20% of cases
Having a newborn with birth asphyxia can be a traumatic experience for any parent. Addressing your child’s needs could require significant resources, which a successful insurance claim or civil lawsuit might provide.
Get in touch with a birth asphyxia lawyer serving Rockville, 410-547-0202 for a free case evaluation.
Time Limits Apply to a Birth Asphyxia Lawsuit
It is not unusual for parents to wonder how much time they have to file a birth asphyxia lawsuit. Unfortunately, that is not always a simple question to answer. While a deadline applies to any civil lawsuit related to birth asphyxia, that deadline can vary substantially depending on unique circumstances.
There are two different types of birth asphyxia lawsuits. Parents could sue for the damages they incurred after their child suffered birth asphyxia. The child could also have their own claim related to the damages they suffered. The deadline for each of these types of cases is different.
Deadline for the Parents to Sue
If a parent wants to file a birth asphyxia lawsuit, the statute of limitations is governed by Md. Code, Cts. & Jud. Proc. § 5-109. According to the law, a parent has five years from the date of their child’s injury to file their lawsuit.
An exception may extend this timeline if they did not immediately notice the harm their child suffered. Issues regarding the statute of limitations in these cases are complex, so you may want to rely on the guidance of a Rockville birth asphyxia lawyer.
Deadline for the Child to Sue
The law is far more generous when it comes to allowing a minor child to pursue a birth injury lawsuit. Unlike the three-year deadline that applies to parents, a child has the opportunity to wait until they are an adult to pursue their own case. Under the law, a minor who has suffered a birth asphyxia injury due to medical malpractice has until the day they turn 21 to file their lawsuit.
How Could an Attorney Help With Your Birth Asphyxia Case?
Few types of lawsuits are as complex as birth injury cases. It can be difficult to navigate the issues surrounding medical mistakes, especially when the injury victim is a newborn. A Rockville birth asphyxia lawyer could help you and your family navigate this complex process in various ways.
Advising You of Your Options
You could have multiple legal options in your case, such as different defendants to seek compensation from and various claims to pursue. Your attorney could carefully evaluate your case and advise you on every important decision you will face.
Preparing Your Case
Several steps go into building a winning birth injury case, and your attorney could handle each of them for you. Initially, your attorney must carefully investigate how your child’s birth asphyxiation occurred. Using this information, they could then develop a theory of negligence.
Settling Your Case
A negotiated settlement might be an option in your case. Your attorney could reach an agreement with the insurance company that results in fair financial compensation for you and your child.
Filing a Lawsuit
There are times when your best course of action involves filing a lawsuit. Your attorney could prepare you for the litigation process while working to negotiate a settlement with the other party.
How Could Negligence Lead to Birth Asphyxia?
When doctors and their supporting staff carefully follow the normal standard of care, birth injuries are few and far between. However, birth asphyxia may be an issue in cases where doctors, nurses, or administrative staff did not live up to the standards held by the medical community. Establishing that these medical providers were negligent is central to a successful civil claim.
There are different ways that negligence could result in birth asphyxia. Some of these errors are exclusive to doctors, while others could occur due to mistakes by nurses or administrative staff. Some of the possible acts of negligence that may lead to birth asphyxia include:
- Failure to identify and address risk factors
- Failure to monitor vitals or signs of fetal distress
- Failure to adequately respond to warning signs
- Delayed C-section
- Improper dosage of labor-inducing drugs
- Failure to promptly treat asphyxia
All of these errors are avoidable mistakes. When these errors result in your child suffering unnecessarily, our firm could help you hold the responsible parties accountable.
Talk to a Rockville Attorney About Your Child’s Birth Asphyxia Injury
Every child deserves appropriate, safe medical care at the time of their birth. The reality is that many children face hardships as soon as they are born due to medical errors.
If your child is living with birth asphyxia injuries due to a medical error, or if your child passed away from their injuries, you could have a viable case for compensation. Contact Brown & Barron right away for a free consultation to learn how a Rockville birth asphyxia attorney could help.
Contact Brown & Barron online today to schedule a free case review with a with a birth asphyxia lawyer serving Rockville.