Newborn (neonatal) anoxia, or lack or oxygen at birth, is a potentially serious condition that can affect your child for life. If your child’s birth was marred by medical incompetence that led to a brain injury, a Dayton newborn anoxic brain injury lawyer can help you understand your rights and fight for the compensation you deserve.
Call the Fitch Law Firm LLC at (937) 660-4232. We charge no fees unless you win compensation in your case.
Medical Incompetence May Have Caused Your Infant’s Birth Injury
Birth injuries are more likely to occur under certain conditions, such as if the baby is unusually large or was in a breech position. In these conditions, your physician should already be on the alert for potential problems. Even when there are no complications, it is their responsibility to provide you with competent care. If they fail to do so, you and your child could pay the price.
Many birth injuries are relatively minor, temporary and will heal over time with minimum medical treatment. Others, however, may affect your child for a lifetime. A lack of oxygen to the brain in newborns (neonatal anoxia) can cause long-term effects like brain damage.
The long-term consequences of neonatal oxygen deprivation may include motor impairment (e.g., trouble moving or controlling movement of the limbs), chronic pain, and mental illness. All of these symptoms may require treatment and special services—services that cost a lot of money, especially if you or your partner have had to work fewer hours or give up your job entirely to take care of your child.
Fortunately, there may be a way for you to get some extra money to cover these expenses while holding the liable parties responsible for their negligence. You could file a lawsuit for medical malpractice, and a Dayton newborn anoxic brain injury lawyer may be able to help. Call the Fitch Law Firm LLC at (937) 660-4232 to learn more about your options. The case evaluation is free and places you under no obligation.
For a free legal consultation with a newborn anoxic brain injury lawyer serving Dayton, call 614-963-2808
Seeking Compensation for a Brain Damage Due to Lack of Oxygen at Birth
If you decide to sue for damages, the type of damages you qualify for depends on how seriously the birth injury has affected your family. A lawyer can help you calculate the maximum possible amount that you may be able to recover.
Of the two types of damages you might be entitled to, non-economic damages will likely be the harder one to quantify. They include the emotional and physical consequences of the birth injury, such as:
- Disability: The birth injury was directly responsible for your child’s physical and/or intellectual disabilities.
- Pain and suffering: Your child’s injury has caused them physical and emotional stress, such as chronic pain or depression.
- Reduced quality of life: Your child will struggle with the aftereffects of neonatal anoxia for the rest of their life.
- Loss of consortium: Your baby succumbed to their birth injury, leaving you without the child you expected and hoped to add to your family.
Economic damages serve as remuneration for the money you spent and the income you lost due to the birth injury. Specific examples include:
- Loss of income: You (or your partner) stayed home from work for a while as you adjusted to life with your disabled newborn.
- Loss of employment: You (or your partner) decided to become a stay-at-home parent to better accommodate your child’s needs.
- Medical costs: This includes treatment for any condition caused by the injury, such as therapy, physical therapy, surgery, and medication.
- Funeral costs: You had to lay your child to rest, which included paying for things like a casket and other funeral-related items.
Dayton Newborn Anoxic Brain Injury Lawyer Near Me 614-963-2808
You Can Decide What Action to Take
In most cases, according to Ohio Revised Code § 2305.113, you have the right to take legal action against your health care provider for up to one year following the date of the malpractice. Whether you take advantage of that right is entirely up to you. Before you make that decision, however, make sure you fully understand the pros and cons of filing a lawsuit and hiring a lawyer to represent you.
The Fitch Law Firm LLC can answer all your questions about the legal process, the benefits of hiring a lawyer, and how your case may go. Here is just a small sample of the services we can provide for you during this difficult time:
- Look for supporting case evidence: We will obtain your child’s medical records, talk to expert witnesses, and more to strengthen your case for damages.
- Notify all relevant parties: To begin your claim or lawsuit, you must send the liable party a letter notifying them of the suit. We can do that for you, in addition to submitting all other paperwork throughout your case.
- Strive for a settlement: In many cases, we can negotiate a fair pretrial settlement with the liable party.
- Represent you at trial: Your lawyer will schedule court dates and present your case in court if negotiations do not lead to a settlement in your favor.
- Update you: This is your lawsuit, and you deserve to know what is happening at all times. We will let you know about any case developments, no matter how big or small.
- Answer your questions: We know the law can be complicated and even intimidating. We are happy to address any and all concerns you bring to us.
Reach Out to The Fitch Law Firm LLC
Finding out your child suffered a birth injury is always devastating, but it is even more so when that injury was the result of your health care provider’s careless actions or inaction. The Fitch Law Firm LLC wants to help your family get the justice—and the monetary compensation—you deserve.