If you have recently given birth and your baby suffered from conditions related to birth asphyxia, you undoubtedly have many questions, such as:
- How could this happen to us?
- How can I pay for any of this?
- Who is responsible for my baby’s injuries?
- What legal options do I have and should I speak with an attorney?
First and foremost, the team at Cullan & Cullan LLC wants you to know that you have options available and we are prepared to assist you in your recovery. Birth asphyxia effects thousands of families across the country every year, with many newborns either passing away shortly after birth or struggling with crippling disabilities. In either case, it is a crushing emotional and mental reality that too many parents must contend with. Unfortunately, in some instances had the proper care been taken before, during or after the birth, many babies would have avoided injury altogether. If you are facing such a situation you may have ground to take legal action in a Nebraska personal injury claim. Contact Cullan & Cullan LLC today and receive a free comprehensive case consultation with our medical malpractice team.
As both physicians and attorneys, brother Patrick and Joseph Cullan understand the complex set of circumstances you face. Over the years they have helped many families achieve their legal goals with a number of successful birth-related malpractice claims. With their knowledgeable representation, you will be able to obtain justice for your baby and receive the kind of settlement your family will need, for today and tomorrow. Some of the more common expenses covered by economic and non-economic damages include:
- Emergency medical treatment and arrangements
- Long-term specialist treatments
- Physical and emotional therapy
- Mental pain and suffering
- Wrongful death
What Causes Birth Asphyxia?
Birth asphyxia refers to a health condition caused by lack of oxygen to the baby’s brain and other organs during the birth process. If a child is deprived of oxygen during this stage, it could result in lasting physical and cognitive damage.
Oxygen deprivation associated with birth asphyxia can be caused by the following:
- Umbilical cord problems
- Hypoxemia in the mother
- Placental abruption
- Maternal infection
- Fetal infection
- High or low maternal blood pressure
- Poor fetal heart monitoring
- Premature birth
- Maternal anemia
- Respiratory problems
What Are the Long-Term Effects of Birth Asphyxia?
If a baby experiences birth asphyxia, they could suffer several different long-term problems. Depending on the severity of the injury, or how long the child was deprived of oxygen, the damage may be more or less severe. The long-term or permanent results of birth asphyxia may include:
- Behavioral disorders
- Cerebral palsy
- Cognitive problems
- Emotional problems
- Hearing or visual impairments
- Learning disabilities
- Speech delays
Who Is Liable For My Child’s Injuries?
When any birth injury occurs, there are several parties who could be found liable. In cases involving birth asphyxia, the doctor, nurse, or other healthcare professional responsible for monitoring and caring for the mother and child may be found liable. If, for example, a nurse fails to monitor the fetal heart rate correctly, or if a doctor fails to perform a necessary C-Section to restore the baby’s oxygen supply, either party could be held negligent for failing to show duty of care in the same way another reasonable qualified professional would have.
In some cases, healthcare facilities, like birthing centers and hospitals, may be liable for failing to sterilize equipment properly, poor hiring practices, or other similarly negligent mistakes. Whatever the case in your situation, our firm can help determine who is liable for your child’s injuries.
Compensation for Birth Asphyxia in Nebraska
You may be thinking, however, "What good is a settlement now? The damage cannot be undone." This is true and as a firm that specializes in malpractice claims involving infants and children, we empathize with your pain. But while we cannot turn back the clock, we can find a way to make the present and the future one in which you can recover in peace. With a successful claim, you will be able to overcome any immediate financial hurdles and work to find a sense of closure. Let us help you discover your rights and options in this case today. Call Cullan & Cullan LLC to schedule a free case evaluation today at (402) 882-7080.