Alabama Birth Asphyxia Lawyer
Birth asphyxia is not the norm, but it is not uncommon. Around 15% of all babies experience some sort of asphyxia when being born, and many are left with debilitating conditions for the rest of their lives. If your child has suffered birth asphyxia, an Alabama birth asphyxia lawyer can potentially help you get justice and compensation for your child.
Why Choose Us?
Experience Matters
The Alabama birth asphyxia injury lawyers at Caldwell Wenzel & Asthana, PC have nearly three decades of fighting for clients. They have brought in substantial compensation figures for injury victims and have garnered a reputation for being fierce and tenacious litigators. Thousands have trusted us in the past, and so can you.
When you choose Caldwell Wenzel & Asthana, you get a firm with:
- Multiple millions of dollars in settlements and verdicts recovered for clients
- Award-winning and industry-recognized attorneys state and nationwide
- Attorneys who are not afraid to go to trial when necessary.
You also get a direct line to the Alabama birth asphyxia injury lawyers working on your case, and you are always kept in the loop as to the progress of your case.
Understanding Birth Asphyxia
Birth asphyxia occurs when a baby experiences an oxygen deficit before, during, or after childbirth. During the lack of oxygen, waste builds up in the cells, particularly brain cells, and the cells become damaged.
Generally speaking, three factors determine the severity of the injury caused by birth asphyxia:
- How long the oxygen deprivation lasted
- The level of the oxygen present
- The speed of treatment to address the issue.
Competent monitoring, proper training, and fast action can all significantly minimize the effects of birth asphyxia. In fact, many cases of birth asphyxia see victims make a full recovery and lead normal lives.
However, many children face permanent disabilities or extremely long roads to uncertain recovery. Hypoxic-Ischemic Encephalopathy (HIE) is a particularly devastating condition caused by birth asphyxiation.
Although certain steps, such as brain cooling, can be taken to deal with lighter cases of HIE, severe cases result in significant and usually permanent damage to the brain and other organs. Death is also common.
For those that survive, some of the long-term consequences of this tragic occurrence include:
- Difficulty meeting developmental milestones
- Epilepsy and conditions characterized by seizures
- Cognitive impairment
- Cerebral palsy
- Speech and learning disabilities
- Difficulty feeding and caring for themselves
- Sensory problems, including vision and hearing issues
- Mental health conditions.
But before any of these develop, signs and symptoms of birth asphyxia may manifest quite forcefully, including:
- Low or high fetal heart rate
- Weak muscle tone and minimal muscle movement
- Gasping or depressed breathing
- Blue or pale skin
- Tremors and seizures
- The presence of meconium.
It is an unfortunate but not uncommon occurrence in U.S. hospitals. Parents of affected children should seek legal counsel to determine their options for taking legal action.
Fault for Birth Asphyxia
Negligent healthcare professionals who cause injuries from birth asphyxia can be held liable for losses. The hospitals and birthing centers where these professionals work may also be held responsible.
Negligence is established by demonstrating that the healthcare provider owed a duty of care to a patient and violated this duty of care by failing to live up to recognized standards of care. Causation must also be proved by demonstrating that the failure to maintain a standard of care caused the injury, which would be birth asphyxia in this case.
Who Can Be Held Liable?
How birth asphyxia occurs determines liability. When a birth asphyxia attorney takes your case, they will immediately begin searching for the exact cause of the asphyxiation. Because numerous professionals are involved in childbirth, your attorney’s investigation could lead them to any of the following healthcare workers:
- Doctors, from OBGYNs to anesthesiologists
- Nurses, including registered and vocational nurses
- Lab and testing technicians
- Midwives and doulas.
In other words, any professional who has a hand in the treatment can potentially engage in a negligent act that leads to birth asphyxia. The circumstances of your case will decide. In general, the inquiries regarding fault will look at the following:
- Did the healthcare professional do something that caused the birth asphyxia?
- Did they fail to do something, which caused the asphyxia?
- Did they act appropriately when asphyxia was suspected or confirmed?
These and other relevant questions require medical knowledge and experience with medical malpractice cases. Birth asphyxia lawyers routinely seek the services of medical experts to bolster their cases and better represent their clients.
Compensation for Birth Asphyxia
Victims of birth asphyxia and their families typically incur significant losses due to birth asphyxia, even in mild cases. Fortunately, recompense is available for many of them. Although no amount of money can reverse a birth asphyxia injury, money does go a long way in helping people build for the future.
Typical damages that can form the basis of a claim for compensation include:
- Medical bills, including prescriptions, treatment, and transportation
- Lost future earnings
- Pain and suffering
- Other intangible losses.
Sadly, insurance companies usually attempt to devalue victims’ claims and pay less, all to save money. However, seasoned birth asphyxia lawyers know what their clients’ claims are worth and do not entertain subpar compensation offers.
How Our Team Can Help
We Handle All Aspects of Your Case
Birth asphyxia ruins lives and brings with it overwhelming stress. And fighting for compensation adds another level of pressure that victims and their families simply do not need. Our team of birth asphyxia lawyers at Caldwell Wenzel & Asthana strategically manages every aspect of your birth asphyxiation case, giving you the precious time and space you need to be with your loved ones.
We take care of:
- Drafting and creating important documents
- Filing all documents on time and responding to inquiries regarding your claim
- Investigating your case and gathering the appropriate medical evidence
- Hiring the appropriate medical experts to provide testimony
- Negotiating with adjusters from insurance companies.
Our clients enjoy the peace of mind that goes along with choosing seasoned professionals for representation. If your child has been harmed, we can potentially recover a substantial compensation award that can help you build a future for your child.
Frequently Asked Questions
Below are some of the questions we often receive surrounding birth asphyxia. Please reach out to speak with a birth asphyxia lawyer from our team if you have any other inquiries.
Can I afford a birth asphyxia lawyer?
Yes. Clients are not responsible for any upfront costs and only pay at the end of the case. Additionally, payment is based on the amount of the settlement your birth asphyxia attorney recovers for you.
How much compensation can I get for birth asphyxia?
It depends. Each birth asphyxia case is different and generates its unique damages. By scheduling a free consultation with a birth asphyxia attorney, you can get a better idea of the compensation you might receive for your case.
What conditions put children at risk for birth asphyxia?
Certain conditions of the mother can put a child at risk for birth asphyxia, most notably maternal high blood pressure and diabetes. Certain liver problems raise the risk as well.
How do I go about seeking compensation for birth asphyxia?
The first step in pursuing compensation in a birth asphyxia case should always be meeting with an experienced Alabama birth asphyxia lawyer. An Alabama birth asphyxia lawyer is the one professional in your situation that will look out for your best interests. Once you have met with and contracted an attorney’s services, they will take care of things from there, always making decisions with your best interests in mind.
Contact Caldwell Wenzel & Asthana for Help
Here for You When You Need Us
Our Alabama birth asphyxia injury lawyers fight hard to get their clients justice. If your child has experienced asphyxia while being born, substantial funds may be available for their future.
Call 251-444-7000 today to learn how Caldwell Wenzel & Asthana can potentially help you with your birth asphyxia case.