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When you trust the health of your baby to medical professionals but they make mistakes and something goes wrong, it can lead to severe health problems like hypoxic ischemic encephalopathy (HIE) in newborns. This is a serious condition that can cause brain damage that can permanently impair a child and lead to expensive treatments and continuing care.
If your child developed HIE because of a medical practitioner’s mistake, error, or negligence, you may be entitled to compensation through a hypoxic ischemic encephalopathy lawsuit. However, Alabama medical malpractice laws are complicated, proving fault can be difficult, and medical practitioners, their insurance companies, and their lawyers will do everything possible to fight your claim.
Fortunately, there is help available, so you do not have to fight for compensation on your own. At Caldwell Wenzel & Asthana, our skilled HIE lawyers know how insurance companies operate and how to fight for justice and the fair compensation that you and your child deserve. We will investigate to find out just how your child’s injury occurred and who was responsible and handle all dealings with insurance companies to win a fair settlement that can help your child into the future. We are fully prepared to advocate for you in court if necessary.
We offer a free consultation to discuss your case and determine the best way to move forward. Call us today to get started at (251) 444-7000.
WE WON AN $8 MILLION MEDICAL MALPRACTICE CASE
There are many lawyers out there, and it is important to find one you feel comfortable with but who also has the experience and resources necessary to aggressively negotiate and litigate complicated birth injury claims.
Here are some reasons why our Hypoxic ischemic encephalopathy birth injury lawyers at Caldwell, Wenzel & Asthana are your best choice:
When you retain Caldwell Wenzel & Asthana to represent you, we start working for you immediately. We will:
Our hypoxic ischemic encephalopathy attorney in Alabama will do everything possible to obtain the best settlement possible. Call us today to get started while evidence is available and witnesses can be found.
HIE can lead to permanent conditions, including cognitive disabilities, hearing and vision impairments, and seizures. These are expensive conditions to treat and may necessitate continuing care for a lifetime. Few parents can afford such care, and the negligent parties should be held liable for the damages – the costs and losses that result from HIE – in a medical malpractice lawsuit.
The award you receive should cover both your economic damages for calculable costs and your non-economic damages that do not have a specific dollar value but negatively impact quality of life. In Alabama, some of the damages that you can claim for your child in a hypoxic ischemic encephalopathy case include:
Punitive damages may also be awarded in rare cases when the defendant acted in an especially egregious or malicious way (such as delivering a baby while under the influence of drugs or alcohol).
To win your case, it is important to establish who is responsible for your child’s birth injury. According to Alabama Code § 6-5-548, our attorneys must:
This involves showing the existence of the following legal elements:
Our Alabama HIE attorneys will establish the appropriate standard of care and conduct investigations and get expert medical testimony to prove all these elements. Due to our experience in birth injury cases, we know what to look for. Common causes of HIE include:
Dealing with a baby with HIE is overwhelming, and you are bound to have many questions. We can best address your specific concerns at your free consultation, but to get started, here are some answers to questions our HIE attorneys are often asked:
How do I know if my baby has HIE?
Your physician may suspect HIE based on signs exhibited during labor, delivery, and examination after birth. Some symptoms to look out for are:
If suspected, there are various tests to confirm HIE and check for the extent of brain injury.
Are there time limits for filing a lawsuit?
Yes, Alabama has a statute of limitations that sets time limits for filing. According to the law (Alabama Code Section 6-2-38), you generally have two years from the date of the birth injury or six months after the discovery of the injury to file a claim or the courts are likely to refuse to hear your case.
How much compensation will I be awarded?
There are a wide range of compensation awards possible for an HIE case, and it is not unusual for the courts to award six- to seven-figure damages. The amount you receive depends on the circumstances of the case and factors such as the extent and severity of the HIE, the costs of care, and the effects on the ability to live a normal life, work, and have relationships.
What if my child died after suffering HIE?
HIE can cause death in occasions where oxygen is shut off from the brain for too long. In this case, our attorneys may be able to file a wrongful death claim. Under Alabama law (Section 6-5-410 of the Code of Alabama), our attorneys can win a punitive damage award that is paid directly to the family members, and compensation may cover funeral and burial costs, in addition to other damages.
Who can be held liable for Infant Hypoxic Ischemic Encephalopathy?
Anyone—from nurses and midwives to nurse practitioners, anesthesiologists, and obstetricians—can make errors in judgment or execution, from not adequately monitoring a fetus during pregnancy to waiting too long to perform a C-section. The practitioner can be held liable if these errors lead to infant HIE.
Our Alabama HIE lawyers know how difficult a time this is for you and will be there to help throughout the entire legal process, answering your questions and keeping you informed.
When your doctor, medical team, or medical facility fails to perform their responsibilities, and your otherwise healthy baby is faced with the burdens of HIE as a result, you and your child deserve compensation. The compassionate HIE birth injury attorneys at Caldwell Wenzel & Asthana understand how hard it is for your family to cope with the financial and emotional burdens you face and are here to help.
If you even suspect that medical negligence may have been responsible for your child’s injuries, call us today for a free initial consultation at (251) 444-7000. There are no fees to you unless and until we win your case.