Pittsburgh Hypoxic Ischemic Encephalopathy (HIE) Lawyers
Skilled Pittsburgh Medical Malpractice Attorneys Recover Just Compensation For Families Facing Hypoxic Ischemic Encephalopathy (HIE)
Hypoxic Ischemic Encephalopathy (HIE) is a condition that occurs when a baby’s brain does not receive sufficient oxygen and blood. HIE is considered dangerous and it warrants immediate medical intervention to minimize brain damage to the infant. Families who believe that their child’s hypoxic ischemic encephalopathy was the result of negligence on the part of a healthcare provider or facility may file a medical malpractice claim to recover damages.
The birth of a child is an emotional time and filing a claim of medical malpractice for your infant on your own can be a painful process. At Berger & Lagnese, LLC in Pittsburgh, PA, we understand. Our skilled medical malpractice lawyers work with families whose child has been diagnosed with hypoxic ischemic encephalopathy (HIE) to hold the at-fault parties accountable for their actions and their negligence.
How Do I Know If I Have The Basis For A Pennsylvania Medical Malpractice Claim For My Child’s Hypoxic Ischemic Encephalopathy?
If your child suffered hypoxic ischemic encephalopathy (HIE), you may be wondering if you have the basis for a medical malpractice claim in Pennsylvania. Medical malpractice is a form of professional negligence whereby a hospital, doctor, nurse, healthcare facility, or other medical professional behaves negligently and that negligence causes an injury to a patient.
Medical negligence may be exhibited in several ways, including:
- An omission in patient care
- An error in diagnosis
- Flawed medical treatment
- Poor health management
- Insufficient patient care after discharge
The negligent act may be in the form of an omission, an error in diagnosis, treatment, health management, or patient care after discharge.
Under personal injury law, a medical malpractice claim must meet the following criteria in order to be considered valid:
- A violation of the standard of care
- An injury was caused by the negligence
- The injury resulted in significant damages
If you believe your child’s injury could have been prevented by better medical care, or if you wonder if you have the basis for a medical malpractice lawsuit, schedule a free case evaluation with a medical malpractice attorney at Berger & Lagnese, LLC.
Dedicated Medical Malpractice Lawyers Help Families in Pittsburgh And Across Western Pennsylvania File Medical Malpractice Claims for Hypoxic Ischemic Encephalopathy (HIE)
Hypoxic Ischemic Encephalopathy (HIE) is often the result of medical malpractice. If a mother receives negligent care during pregnancy, or if there is negligence during childbirth or during the neonatal period, this can result in a newborn being deprived of oxygenated blood and developing HIE. Negligence on the part of a medical provider can also increase the severity of the HIE.
Hypoxic ischemic encephalopathy can be caused by negligent actions on the part of healthcare professionals, including — but not limited to — the following behaviors:
- Errors in monitoring of the fetal heart rate
- Taking inadequate precautions for a high-risk pregnancy
- A failure to respond promptly and appropriately to signs that a baby is being deprived of oxygen
- Mismanaging an element of the fetal presentation
- Improperly managing an issue involving the placenta, uterus, or umbilical cord
- Failing to provide hypothermia therapy to a newborn with HIE, which can minimize any lasting brain damage to the baby
If you believe that your child’s HIE was preventable, you may want to consider filing a medical malpractice lawsuit. A settlement or verdict in a birth injury lawsuit can provide critical funding to address the child’s future needs.
Legal Time Limits For Filing Medical Malpractice Claims For Hypoxic Ischemic Encephalopathy (HIE) In Pennsylvania
Every state establishes legal deadlines for filing civil claims in the state’s civil court system. These deadlines are known as “statutes of limitations”, and they differ from one state to another depending upon the type of underlying claim. Pennsylvania’s statute of limitations for filing a medical malpractice claim, such as a claim for hypnotic-ischemic encephalopathy, is two years from the time medical malpractice occurred.
The timeline for filing a medical malpractice claim in Pennsylvania begins at the point in time when the plaintiff realized — or should have realized — that an injury was sustained due to a medical practitioner’s negligent actions. Pennsylvania does not allow a lawsuit to be filed more than seven years from the time the injury occurred or from when the injured party realized or should have realized that it occurred. The one exception to this seven-year deadline is in cases where a foreign object was left inside a patient.
What Type of Compensation Can I Recover For My Pittsburgh Medical Malpractice Claim For Hypoxic Ischemic Encephalopathy?
If your child suffered hypoxic ischemic encephalopathy due to a medical practitioner’s negligent actions, you may file a claim of medical malpractice. Medical malpractice claims may be filed against physicians, nurses, EMTs, midwives, hospitals, medical facilities, and other health care professionals involved in your care.
In pursuing a claim of medical malpractice for hypoxic ischemic encephalopathy, you may seek to recover damages for any of the following losses:
- Medical bills
- Hospital bills
- Cost of future medical expenses as a result of the medical negligence
- Physical suffering
- Physical pain
- Emotional trauma
- Emotional suffering
- The loss of enjoyment in life
Sometimes the losses that an injured person has endured do not have an exact monetary value. In these situations, the courts will take into consideration all the factors of your case — and the compensation amount prepared by your medical malpractice attorney on your behalf — to determine and assign a monetary value for these immeasurable losses.
Experienced Attorneys Help Pittsburgh Families File Claims Of Medical Malpractice For Their Child’s Hypoxic Ischemic Encephalopathy
At a time when your focus should be on your newborn’s care and well-being, the mere thought of undertaking a medical malpractice claim for hypoxic ischemic encephalopathy can seem daunting. Let us help. At Berger & Lagnese, LLC, our compassionate medical malpractice attorneys are knowledgeable and experienced in handling birth injury claims for HIE.
Our medical malpractice team is dedicated to helping families recover the compensation they deserve for the pain and suffering they have endured as a result of medical malpractice. We are available to answer your questions, explain the process, and provide a free confidential case review to determine the merits of your case. Seek the justice you deserve for medical negligence.