Can I Sue if My Baby Suffered Oxygen Deprivation at Birth?
January 15, 2021
You may be able to sue if your baby suffered oxygen deprivation at birth if the problem was caused by a medical professional’s negligence or fault. A medical negligence lawyer in philadelphia can help.
When an infant is deprived of oxygen at birth, the resulting brain damage can have a devastating effect on the child and the entire family, as the child may not be able to function and may require expensive medical and rehabilitative care for a lifetime. If the oxygen deprivation was caused by a medical professional’s negligence before, during, or after delivery, you may be entitled to sue for compensation to cover the cost of treatment and for your losses.
At this a difficult and tragic time, when you are trying to deal with the financial, physical and emotional consequences of your child’s injury, the thought of filing a lawsuit may be overwhelming. Fortunately, you do not have to handle the pressures involved with navigating the legal system alone.
The Philadelphia birth injury lawyers at Wapner Newman understand what you are going through and are here to help you handle all legal hurdles involved with holding the responsible parties accountable, obtaining justice, and securing the funds necessary for your child’s care.
We offer a free, no-obligation consultation to examine the facts of what happened to your baby and determine the best way to proceed with getting the settlement you deserve. We work on a contingency basis, so there is no cost to you unless and until we win your case.
Call Wapner Newman for a free, confidential consultation today at (215) 569-0900.
What Compensation Can I Get in an Oxygen Deprivation at Birth Lawsuit?
Because the effects of oxygen deprivation at birth can be so severe and last a lifetime, juries and judges are likely to be sympathetic. Compensation can be substantial, ranging into the hundreds of thousands to millions of dollars, depending on the factors and expenses involved in the case.
The losses that you are awarded payment for are called “damages,” and may include both economic and noneconomic damages.
Economic Damages – are for your monetary costs and losses. These may include:
- Costs of immediate medical treatment, medication, and care
- Future medical care, rehabilitation or physical therapy, and psychological counseling
- Expenses to cover a child’s special needs and education
- Modifications needed to a child’s home and costs of special adaptive equipment
- The amount of income lost over the course of a child’s entire lifetime.
Noneconomic Damages — are for intangible losses that do not have a specific monetary value, and may include:
- Compensation for pain and suffering
- Mental and emotional turmoil and anguish
- Loss of enjoyment of life.
Pennsylvania does not cap compensatory and non-economic damages, so there are no limits to how much a court can award you.
Punitive Damages — In rare situations, where the medical malpractice was caused by actions that were willful, wanton misconduct or made with reckless indifference to your rights, you may also be awarded punitive damages. These are capped at 200 percent of compensatory damages if there is no intentional misconduct.
Our Wapner Newman attorneys know how important it is to fight for payment for the damages and costs your family suffered. Call us today to take the first step toward getting just compensation for your child’s birth injury at (215) 569-0900.
Proving Negligence for Birth Injury from Oxygen Deprivation
Not everything that goes wrong medically is medical malpractice. To win your lawsuit for birth injury due to oxygen deprivation, our attorneys would have to show that a medical practitioner was negligent and at fault for causing the damage to your child.
The doctors and nurses that care for mothers and infants have the duty to do everything possible to ensure that their patients receive the best care possible. They can be held liable if they fail to provide care that meets the basic standards of their profession, such as failing to recognize and respond to signs of a complication during birth. When medical professionals are careless or reckless and your child suffers oxygen deprivation injuries as a result, they should be held accountable for the consequences of their negligence.
To prove a provider’s actions were negligent our attorneys must show that:
- The defendants owed you a duty of care.
- They breached this duty by actions or failure to act.
- This breach caused the oxygen deprivation that injured your child.
- This resulted in damages to the child.
Examples of a breach of duty may include:
- Failing to detect signs of fetal distress or a dangerously low oxygen level
- Failure to determine the need to perform a C-section to prevent damage to a child
- Failure to treat an infant who was deprived of oxygen at birth or to provide proper care in a neonatal unit
- Failure to detect umbilical cord prolapse or strangulation, which can cause hypoxia (lack of oxygen).
To prove negligence, our attorneys would:
- Investigate the circumstances of the oxygen deprivation to gather evidence, determine how the injury occurred, and identify all the parties who were responsible
- Interview witnesses and examine medical records and reports
- Utilize expert witnesses to give testimony as to how the standard of care was breached and the damages that resulted and the effects on your child and family.
Call Our Attorneys if Your Baby Suffered Oxygen Deprivation
Medical malpractice cases are complicated, and since evidence and witnesses disappear over time, it is important to contact our attorneys as soon as possible. In addition, according to Pennsylvania laws 42 Pa.C.S. § 5524(2), there is a statute of limitations or deadline to file most medical malpractice claims of two years from the time the malpractice allegedly occurred. If you do not file before this deadline, the courts most likely will refuse to hear your case.
At Wapner Newman, our legal team is committed to giving your case individual attention and getting the best settlement possible. We can help by:
- Determining what would be a fair settlement for the damages to your child
- Dealing firmly and aggressively with healthcare providers, insurance companies and other attorneys
- Building your case based on research, Pennsylvania law, and similar cases
- Fighting for compensation through a settlement or a trial if necessary.
Throughout the process, we will keep you informed on the progress of your case and be there to answer any questions you might have. We have helped hundreds of clients through the years secure the compensation when their child has suffered an injury at birth.
Call us today at (215) 569-0900 to schedule your free case evaluation.