The birth of a child is an exciting time for families, but the negligence of a healthcare provider could cause serious harm to newborns. Negligence can even lead to a lack of oxygen, called anoxia. Without enough oxygen, your child can suffer brain damage that can affect them for the rest of their life in significant ways. In some tragic cases, anoxia can cause death. Our Miami anoxia attorneys are determined to hold providers accountable for this harm.
When medical malpractice occurs, Freidin Brown, P.A. is here to help families seek justice. For over 45 years, our firm has helped victims fight for compensation. We have what it takes to go up against providers and their insurance companies, and we have the results to prove it. Let our Miami medical malpractice lawyers get to work for you now. Our free case evaluations are available 24/7. Se habla español.
Our Team Is Familiar With the Dangers of Anoxia and its Impact on Families
Anoxia is a condition where there is a complete lack of oxygen to a part of the body, typically the brain. You may also hear it referred to as hypoxia since this word means there is limited flow of oxygen. When hypoxia is so severe, it causes anoxia. Anoxia and hypoxia during labor and delivery or after birth is called birth asphyxia, perinatal asphyxia, or neonatal asphyxia.
Injuries related to anoxia can be very serious. Some cases are less severe than others, and children may heal from some of their injuries. Other children, however, have long-term or lifelong injuries from birth asphyxia. Injuries from oxygen deprivation can vary but can include:
- Cerebral palsy and other neurological issues, like epilepsy
- Hypoxic-ischemic encephalopathy (HIE)
- Developmental and intellectual disabilities
- Persistent pulmonary hypertension (PPH)
- Lactic acidosis
- Blindness
- Death
Providers, hospitals, and insurance companies may try to argue that these injuries were unavoidable or unrelated to the oxygen deprivation your baby suffered. A Miami anoxia lawyer from our firm is prepared to fight these and other arguments that at-fault parties may use.
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Risk Factors for Anoxia and the Role of Negligence
A medical team should monitor fetal and maternal health carefully, helping to manage risk factors and complications that could endanger patients. Some injuries or conditions that can contribute to asphyxia at birth include:
- Placental abruption or placenta previa
- Umbilical cord prolapse or compression
- Uterine rupture
- Premature birth
- Breech birth
- Abnormal maternal blood pressure
- Maternal infection
- Meconium aspiration syndrome
When a doctor, nurse, or other provider is negligent, babies and their families can suffer serious consequences. Some examples of negligence include:
- Failure to monitor for signs of fetal distress: Signs of fetal distress can show providers that the fetus is not getting enough oxygen. Providers should be looking for these signs and take appropriate actions to minimize harm or prevent issues.
- Delayed C-sections: Cesarean sections can be life-saving procedures during labor. For example, the baby may be in the wrong delivery position, or issues with the placenta can make vaginal birth unsafe—these and other risk factors make C-sections essential. Negligent delays in ordering c-sections can mean fetuses are deprived of oxygen.
- Failure to monitor maternal health: Sometimes, maternal health concerns can increase the risks of birth asphyxia. For example, if anesthesia is harming the mother’s ability to breathe, fetal oxygen levels are also limited. Preeclampsia is another potential risk factor for birth injuries like anoxia.
- Medication errors: Providers can make errors when administering, distributing, or prescribing medicines. Medication errors during pregnancy, labor, or after birth can hurt one or both parties and contribute to oxygen deprivation.
Anoxia cases are quite complex and can involve many factors. The negligence that hurt your baby may not be listed above, but you may still have a case. The team at Freidin Brown, P.A. is ready to hear from you.
Victims of Anoxia Can Have Significant Losses
As Miami anoxia lawyers, we are determined to fight for the maximum possible compensation for your child. While no amount of money can make up for the mental distress, physical trauma, and long-term difficulties your family is facing, you deserve justice. Some of the damages we can seek include:
- Current medical expenses
- Future medical needs
- Pain and suffering
- Emotional distress and mental anguish
- Future expenses for in-home health aides, educational needs, and assistive devices
- Home modification and travel expenses
- Wrongful death expenses in the event of the tragic loss of your child.
No matter the outcome of this negligence, we will fight for accountability. Our Miami anoxia birth injury lawyers understand this is a challenging time, and we will not make you pay anything upfront. Our team takes cases on a contingency fee basis, which means you only pay us if we win. Call Freidin Brown, P.A. now for a free consultation.
We’re Here to Help with Your Anoxic Brain Injury Case—Call Now!
FAQs Parents Have for Our Miami Anoxia Attorneys
Nothing can ever prepare your family for dealing with anoxia and related birth injuries. You probably have many questions and concerns, and our team is here to provide answers. Keep reading below for some of the frequently asked questions our anoxia birth injury lawyers receive.
How Much Are Anoxia Injury Cases Worth?
There is no average settlement amount for medical malpractice lawsuits—the value of damages varies on a case-by-case basis. Many factors that affect your malpractice settlement, including:
- The severity of your child’s injuries and their medical needs
- The emotional and mental impact on your family
- The strength of evidence in your child’s anoxia injury case
Our team has experience delivering satisfactory case results for birth injury cases and other medical malpractice claims. One of our recent results includes a $7.75 million settlement on behalf of an infant who suffered severe hypoxia and a serious blot clot in their brain’s sinus cavities at a South Florida hospital.
While we cannot promise results, our firm’s lawyers have the resources, experience, and abilities necessary to fight these challenging cases. Let us get to work for you.
How Long Do I Have to Sue for Anoxia Caused by Malpractice?
Florida Statutes § 95.11 establishes a deadline for filing a lawsuit for injuries, including those birth injuries caused by medical malpractice. Time limits for malpractice cases, especially those involving young children, are complicated.
While some circumstances can extend the deadline to act, you cannot wait too long to file your suit. Our Miami anoxia lawyers can determine how long you have to file, take the appropriate measures to file your claim, and protect your child’s right to damages.
How Do Anoxia Attorneys Prove Medical Malpractice?
Determining negligence is a complex matter, especially when it comes to birth injury claims. Our lawyers must establish the main elements of negligence when trying to establish liability: duty of care, breach in the standard of care, causation, and damages.
- Duty of care simply means proving that a provider owed you (and your child) a duty of care—essentially, if a doctor, nurse, or other medical professional is providing care to you and your child, this establishes the legal duty.
- Another important factor is determining a standard of care for the profession and then proving the breach of this standard. The standard of care refers to the level of care provided, and if it meets the level expected of this profession. Establishing this benchmark and proving a breach are often the most complex part of any case, and our attorneys are equipped to handle this responsibility.
- Causation means showing that your provider’s actions directly lead to your baby’s anoxia. A provider’s lack of actions can also directly cause harm.
- Our lawyers must also prove you and your child have damages and losses due to this negligence. We can use medical bills, patient records, and other forms of evidence to show that your family has suffered harm.
Do not let just any firm handle your case—our Miami personal injury lawyers have years of experience managing medical malpractice claims, and we know the ins and outs of malpractice law.
What Parties Can I Sue for Anoxia Injuries?
Labor and delivery can involve many parties, and many actions of negligence can contribute to an infant’s anoxia. It can be confusing to figure out which party is liable, but our team will get to the bottom of this investigation. Some at-fault parties can include:
- Obstetricians and gynecologists (OB-GYNs)
- Nurses and nurse practitioners
- Midwives
- Other physicians and healthcare professionals involved in treatment and care
- Hospitals and other healthcare facilities, like the University of Miami hospitals, facilities in the Baptist Hospital system, and other hospitals in the Miami area
These and other medical professionals could have contributed to the circumstances that caused your baby’s anoxia. Let us get to work and determine who we can hold accountable for your family’s harm.
Don’t Let Providers Get Away With Malpractice—Our Miami Lawyers Can Help You Now
No parent should ever have to deal with what you are going through. We know how overwhelming it can be to take care of your child after they’ve suffered injuries from anoxia. We are here to be an advocate for your baby, so let Freidin Brown, P.A. get to work.
Our Miami anoxia lawyers can help you seek compensation that helps your family with medical bills, emotional harm, and other losses and expenses. Please call us now to get started with a free and confidential case review.