Damages for Hypoxic-Ischemic Encephalopathy Cases

Hypoxic-ischemic encephalopathy is a serious condition that occurs when there is a lack of oxygen and blood flow to the brain, typically during childbirth. This can lead to damage to the brain tissue and, in severe cases, can result in long-term neurological deficits or even death. Hypoxic-ischemic encephalopathy is often the result of a doctor’s failure to recognize or appropriately manage conditions that may compromise oxygen supply and blood flow during childbirth, which may be considered medical malpractice. If your child developed hypoxic-ischemic encephalopathy after birth, you may have legal grounds to pursue a medical malpractice claim, and you should speak to an attorney. The skillful Baltimore birth injury attorneys of Arfaa Law Group can advise you of your potential claims as well as recoverable damages for hypoxic-ischemic encephalopathy and aid you in pursuing a favorable result.

Hypoxic-ischemic encephalopathy causes damage in various parts of the brain, affecting functions such as motor control, cognition, and other neurological processes. The severity of hypoxic-ischemic encephalopathy can vary, ranging from mild to severe. Initial treatment of hypoxic-ischemic encephalopathy typically involves providing supportive care to stabilize the infant’s vital signs and prevent further injury to the brain.

Long-term outcomes for infants with hypoxic-ischemic encephalopathy can vary widely depending on the severity of the condition and the promptness and effectiveness of medical interventions. Some infants may recover fully, while others may experience lasting disabilities and require lifelong care. As such, it is not uncommon for infants with hypoxic-ischemic encephalopathy to require services, including physical, occupational, and speech therapy, early intervention programs, and educational support. They may also need medical monitoring, especially for potential seizures, orthopedic devices, and assistive communication tools.

The costs associated with caring for a child with hypoxic-ischemic encephalopathy can be astronomical, and many parents lack the resources to provide such care. Consequently, they may pursue claims for damages for hypoxic-ischemic encephalopathy against the doctors who cared for the mother and child during birth.

It’s important to note that not all cases of hypoxic-ischemic encephalopathy are the result of medical errors, as some instances may occur despite appropriate medical care due to unforeseen complications. As such, in order to recover compensation for hypoxic-ischemic encephalopathy in a medical malpractice case, the plaintiff bears the burden of demonstrating the defendant’s fault.

In Maryland, a plaintiff in a medical malpractice case will usually have to prove the defendant’s negligence to establish liability. To do so, the plaintiff has to show that the defendant had an obligation to offer treatment that comported with the standard of care, which is the care that a competent doctor practicing in the same specialty would offer.

The plaintiff then will need to show that the defendant’s breach of the standard of care proximately caused the plaintiff to sustain actual damages. In other words, the plaintiff would not have suffered harm but for the defendant’s breach. The plaintiff will most likely need to hire an expert to testify regarding the standard of care and to explain how the defendant failed to adhere to the standard. Expert testimony is also usually needed to demonstrate causation.

A plaintiff that successfully demonstrates a defendant’s liability may be awarded damages for hypoxic-ischemic encephalopathy, which includes the cost of any necessary care, lost wages, and out-of-pocket expenses, as well as compensation for the mental and emotional trauma suffered.

Hypoxic-ischemic encephalopathy often causes substantial and lasting trauma, and in many instances, it is the direct outcome of a doctor’s careless actions. If your child developed hypoxic-ischemic encephalopathy because of mistakes a doctor made during labor and delivery, you might be owed compensation, and you should talk to an attorney about your possible claims. The trusted Baltimore birth injury lawyers of Arfaa Law Group are accomplished at recovering damages for hypoxic-ischemic encephalopathy and other harm sustained during birth, and if you hire us, we will work tirelessly on your behalf. We have an office in Baltimore, and we regularly represent families in birth injury lawsuits throughout the city. You can contact us through our form online or at 410-889-1850 to arrange a conference.