Rockville Birth Asphyxia Attorney

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:

• Seizures
• “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. 

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 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. 

Contact Brown & Barron online today to schedule a free case review with a with a birth asphyxia lawyer serving Rockville.