If your child sustained an anoxic brain injury that led to short- or long-term negative effects, you may be entitled to receive compensation for damages caused by the brain injury.
A Marion newborn anoxic brain injury lawyer from the Fitch Law Firm LLC may be able to work on your case and help you pursue compensation. Our legal team’s services including calculating your damages, collecting evidence, and representing you in negotiations or court.
Our Law Firm Can Assess Your Damages to Calculate How Much Compensation to Pursue
Your child’s birth injury may entitle you to economic and non-economic damages. Though these terms sound similar, they represent very different types of compensation. Economic damages refer to past and future financial stresses related to a medical injury.
These damages might include:
- Medical care, including emergency and/or long-term treatments for your child
- Reduced income, including wages and other benefits that you and/or your partner gave up so that you could stay home to care for your injured child
- Reduced earning capacity, including wages and other benefits that you and/or your partner may have to give up in the future to continue caring for your child
Non-economic damages, on the other hand, refer to past and future physical and mental anguish brought on by your child’s injury. These damages may include:
- Pain and suffering, including physical and mental distress the birth injury caused your child or will cause them in the future
- Disability, including physical and intellectual difficulties caused by the birth injury that your child would not have developed otherwise
- Quality of life, including your child’s inability to live independently because of their birth injury
Our law firm can review your damages and help you calculate their values to set a goal for compensation in your case.
Damages for Death Caused by Birth Injuries
In some cases, anoxic brain injuries can lead to the newborn’s death. If you are filing a medical malpractice claim or lawsuit regarding your child’s death, you may be able to pursue additional damages, such as:
- Costs for funeral services, burial services, or cremation services
- Loss of filial consortium, which includes loss of love and affection from your child
- Pain and suffering regarding your grief
For a free legal consultation with a newborn anoxic brain injury lawyer serving Marion, call 614-545-3930
What a Marion Newborn Anoxic Brain Injury Lawyer Can Do for You
Below are some of the services our legal team at the Fitch Law Firm LLC can provide you when building your medical malpractice case:
Looking for Evidence
Evidence can be used to support your argument on how the liable party was at fault and why you deserve compensation. Your lawyer may be able to strengthen your case by gathering evidence, which might include:
- Expert statements, such as from other medical professionals
- Your child’s medical records
- Medical images of your child’s brain injury
Negotiating Settlement Terms
The liable party’s insurance company may be held responsible for covering your child’s damages. The company may react to your lawsuit by:
- Offering to pay exactly what you ask for
- Offering less than what you ask for
- Denying your claim and refusing to pay anything
Your lawyer can meet and negotiate with the insurance company in an effort to reach a settlement. They can also advise you on how fair a settlement offer is based on our team’s calculations on the value of your case.
Representing You in Trial
If you and your lawyer decide to file a medical malpractice lawsuit and go to court, your lawyer can make all of the arrangements, including:
- Scheduling the trial dates
- Preparing trial exhibits
- Submitting exhibits to the court
- Finding witnesses to testify on your behalf
- Examining and cross-examining witnesses on the stand
- Delivering opening and closing arguments to the jury
If your child was the victim of medical malpractice, take legal action now. At the Fitch Law Firm LLC, it is our mission to hold irresponsible individuals, including medical providers, accountable for their actions. We charge no fees unless we win compensation for you.
Marion Newborn Anoxic Brain Injury Lawyer Near Me 614-545-3930
You May Be Able to Sue Multiple Parties for Medical Malpractice
Who can you sue in a malpractice case? The liable party in malpractice cases is usually:
- An individual medical provider, like a doctor or a nurse
- A medical facility, like a hospital
Whether you sue one or both of these entities will depend on how your child’s injury happened and what evidence you can find to prove that they are at fault.
Newborn Anoxia Can Lead to Long-term Consequences
“Anoxia” is the medical term for a complete lack of oxygen flow. Newborn (or neonatal) anoxia occurs when something prevents oxygen from reaching your child’s brain. Depending on how long the anoxia lasted (i.e., how long it took your doctor to notice it and treat it), your child may recover completely, or they may have permanent health problems.
Long-term consequences of newborn anoxia may include:
- Neurological damage
- Difficulty in maintaining a healthy weight
- Chronic pain
- Sleeping problems
- Mental illness
In addition, boys may be more likely to develop health problems than girls. Sadly, not all babies survive newborn anoxia. According to the Centers for Disease Control and Prevention (CDC), 1.8% of all newborn fatalities in the U.S. in 2019 were caused by “respiratory distress,” which includes newborn anoxia.
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The Fitch Law Firm LLC Can Help You File a Medical Malpractice Lawsuit
Per Ohio Revised Code §2305.113, you may have just one year to file your medical malpractice lawsuit. A year after the malpractice occurs, if you have not taken action, you lose your right to compensation.
The Fitch Law Firm LLC can manage your lawsuit on your behalf. Call our Marion, Ohio office at (740) 212-1686 at any time to get started.