Philadelphia Anoxic Brain Injury Attorney
When your child was injured at birth, you have the right to know what happened. Oxygen deprivation is one of the most common issues during labor and delivery. Whether it is partial oxygen deprivation or complete oxygen deprivation, you have the right to know what caused it and whether someone is liable for your child’s suffering. Our Philadelphia anoxic brain injury attorney understands the devastating effects a birth injury may have on your family, and we are here to assist you.
Anoxic brain injuries caused by a lack of oxygen are very dangerous and often fatal. The Villari Firm has over two decades of experience representing families who have suffered life-changing injuries or lost a child due to a birth injury. You can be assured that our lawyers will spare no effort in seeking the utmost compensation available to you.
Talking to an anoxic brain injury attorney in Philadelphia PA is crucial if you suspect your child was born with a birth injury. Your rights can be better understood, and your claim for compensation can be better defended. Do not hesitate to reach out to our birth injury law firm. Call us today!
Why do I need an Anoxic Brain Injury Lawyer in Pennsylvania?
Healthcare professionals are expected to provide excellent medical care and prevent any injuries during the birthing process. Unfortunately, even minor medical errors can result in years of extensive care that may include surgery, medication, and many forms of therapy for your child.
Fortunately, our Philadelphia anoxic brain injury attorneys at The Villari Firm can seek compensation on behalf of your family to pay for ongoing and future medical care. Our birth injury lawyers can:
- Help you understand your rights
- Assess your case and determine if you have an anoxic birth injury case
- Identify the medical professionals liable for your child’s injury
- Build your case and file a claim to the relevant court of law
- Gather evidence such as medical records and witness statements
- Consult with medical professionals who can also testify for you in court
- Prove negligence and liability
- Negotiate a fair settlement with insurance companies
- Represent you in court trials if settlement is not feasible
Do not feel pressured to hire the first lawyer you speak to. To guarantee that your claim is in excellent hands, contact a Philadelphia anoxic brain injury attorney with the necessary training, skills, and experience. You owe it to your child to get the best legal representation available. To know more about how we can be your best help, speak to our birth injury attorney today!
What is Anoxic Brain Injury?
Anoxic brain injuries in babies occur when the brain is deprived of oxygen for an extended time. The brain cells die after roughly 4 minutes without oxygen. This causes brain damage in the newborn. Infants who are deprived of oxygen at birth can develop hypoxic-ischemic encephalopathy (HIE), which causes brain damage. A severe type of HIE in babies is known as anoxic brain injury.
A shortage of oxygen to an infant’s brain can result in life-long physical problems, blindness, mental retardation, and permanent brain damage. And it may be caused by medical malpractice and may support a birth injury claim. Doctors are responsible for monitoring newborns before, during, and after birth to ensure they do not suffer needless risks for this type of harm.
If your newborn was born with a brain injury due to anoxia or total lack of oxygen, you might be able to seek compensation through a birth injury claim. A Philadelphia brain injury attorney can assist you in understanding your legal rights and alternatives.
What is Anoxic Brain Injury vs. Hypoxic Brain Injury?
Hypoxic and anoxic brain injuries are acquired severe brain injuries that happen when brain cells are deprived of oxygen. These injuries are quite similar and are frequently used interchangeably. However, there are distinctions between the two.
Anoxia occurs when the brain is entirely deprived of oxygen. Organs require oxygen to function. Without an oxygen supply, brain death occurs after around four minutes. As a result, prolonged anoxia is extremely harmful, and even short-term anoxia can negatively affect your baby.
Hypoxia, as opposed to anoxia, occurs when there is a reduction in the amount of oxygen. The brain is still able to receive some oxygen, but not enough. The damage caused by a lack of oxygen to the brain and other organs is more gradual in hypoxia than in anoxia. Yet, brain death and disability may occur if the oxygen supply is not rapidly restored.
What are the Common Causes of Newborn Anoxic Brain Injury?
A newborn might suffer from a lack of oxygen to the brain while developing in the mother’s womb during pregnancy, labor, or after birth. Some of the risk factors for anoxic brain injury are unavoidable. However, unsafe circumstances may be addressed in each case, and quick response times can make all the difference.
Below are a few of the risk factors that may cause anoxic brain injury in infants:
- Preeclampsia, diabetes, and vascular disease in the mother
- Congenital fetal illnesses
- Umbilical cord injury
- Placental abruption
- Prolonged, difficult labor
- Low maternal blood pressure during labor (which can restrict blood supply to the infant)
- Advanced maternal age
- Undiagnosed maternal infection
- Newborn infection after birth
- Trauma during labor and delivery
- Low amniotic fluid
- Forceps and vacuum extractor injuries
- Neonatal resuscitation failures
- Medical error
When brain damage occurs, a child requires more care and assistance in order to survive and thrive. The most important thing you can do to safeguard your right to compensation is to consult with an anoxic brain injury attorney in Philadelphia PA as soon as feasible. A medical malpractice lawyer can assist in determining the cause and the viability of your claim for damages.
What are the Signs of an Anoxic Brain Injury?
A healthcare professional should continuously look out for indications of fetal distress during labor and delivery. Your unborn child could experience long-term health issues if you don’t monitor and get a diagnosis in a timely manner. Even though it could be difficult to identify an anoxic brain injury just after delivery, you should keep an eye out for any unexpected symptoms.
Anoxic brain injury symptoms after birth may include:
- Seizures
- Excessive crying
- Difficulty sleeping
- Elevated heart rate
- Limited movement or paralysis
If your child does not reach important developmental milestones, this could be an indication that they suffered serious trauma after birth. If you are worried about the growth of your child, you should discuss your concerns with a doctor or any trained medical practitioner, as well as seek legal advice from a brain injury attorney in Philadelphia PA.
How to Prove Negligence in Anoxic Brain Injury Cases
Your Philadelphia medical malpractice lawyer must provide evidence to support your premise in an anoxic brain injury lawsuit. If you claim that the negligent at-fault party caused your infant’s brain to be oxygen-depleted for a while, your lawyer may retain doctors, medical experts, and other specialists. These experts could examine every known piece of information to determine the cause of your child’s oxygen deprivation and testify on your behalf.
You also need to compile evidence establishing that the at-fault party was negligent. There are four primary components that must be presented in order to demonstrate that a party was negligent. They are as follows:
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Duty of care: You must demonstrate that the defendant owed you the same level of care, caution, and prudence that a reasonable person in a similar scenario would exhibit.
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Breach of duty: You must prove that the defendant violated their duty of care by failing to act in a reasonable manner.
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Causation: You must provide evidence or a direct link that your injury was caused by the defendant’s breach of their standard duty of care.
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Damages: You need to demonstrate that you have suffered actual losses as a direct and proximate result of the negligent actions of the defendant.
Proving negligence in any medical malpractice claim is difficult. Do not try to navigate this process without the help of a Philadelphia anoxic brain injury attorney. The last thing you would want to happen is to risk your chances of obtaining financial claims by committing irreversible mistakes.
What Compensation are Available for an Anoxic Brain Injury Victim?
Anoxic brain injury victims and their families may be able to receive compensation for their injuries if it can be demonstrated that the brain trauma was caused by someone else’s careless or negligent behavior.
The type of damages you may be eligible for will depend on how severely the birth injury affected your family. The highest amount you might be able to collect can be calculated with the assistance of a Philadelphia anoxic brain injury attorney.
Your economic and non-economic damages entitlement may include
- Medical bills
- Ongoing and future care costs
- Mobility tools and therapeutic devices
- Out-of-pocket expenses related to your child’s birth injury or treatment
- Loss of wages
- Pain and suffering
- Mental anguish
- Wrongful death
To begin your battle towards obtaining justice and fair compensation, get in touch with a Philadelphia birth injury attorney for reputable legal representation. While The Villari Firm advocates for your rights, you can fully concentrate on healing and creating a future for you and your child.
What is the Statute of Limitations for Anoxic Brain Injury Lawsuits in Pennsylvania?
In the state of Pennsylvania, the statute of limitations for commencing a claim for medical malpractice, such as an anoxic brain injury lawsuit, is two years. It begins from the date on which the negligence was either discovered for the first time or should have been detected.
According to 231 Pennsylvania Code Rule 1042.3, a medical malpractice plaintiff or the plaintiff’s attorney must submit a signed certificate of merit stating that an appropriately licensed professional has reviewed the plaintiff’s claim and believes there is a reasonable probability that the defendant’s health care provider’s conduct fell short of acceptable professional standards and caused the plaintiff’s claimed harm.
This certificate must be filed with the original document that outlines the plaintiff’s allegations or within sixty days of the filing of the initial complaint.
If you have questions or are confused about the process of submitting an anoxic brain injury claim, immediately reach out to a personal injury lawyer in Philadelphia. You only have a limited timeframe to fight for what you and your child deserves.
Call our Philadelphia Anoxic Brain Injury Attorney Now!
A catastrophic brain injury caused by anoxia can have serious and expensive long-term effects on your child. They not only cause numerous challenges in your family’s everyday routine, but they also run the risk of permanently impacting your child’s lifetime. The bright future you have started to imagine for your baby may crumble down in an instant.
If you believe that your child’s birth injury was caused by a lack of oxygen, and may have been caused by a medical professional’s neglect, call our Philadelphia anoxic brain injury attorney right away. A call to our birth injury law firm is a step towards achieving a better future for your child and family. Call us now!
