Topeka Birth Asphyxia Lawyer

Before a baby is born, parents usually do all they can to provide the right environment and conditions for the birth. After months of expectation, hearing the first cries of a healthy child is a source of joy to its family and friends. Unfortunately, this isn’t the case for every family in Topeka as some of them have to endure scary experiences during the birth of their children.

Many innocent babies pass through turbulent times when they are born. A lot of the time, birth asphyxia (perinatal asphyxia), a global infant mortality concern, is the culprit. Sadly, one of the common causes of birth asphyxia is the negligence of the medical practitioners you entrusted with your baby’s health.

Birth asphyxia can permanently alter the life of a baby and even become fatal in severe cases. If you have experienced such an unfortunate situation, you can claim damages for your pain and suffering, medical expenses, etc. That’s where a Topeka birth asphyxia lawyer comes in.

Your lawyer can help your case by filing a compensation claim, speaking with the insurance company, and, if necessary, pursuing a lawsuit. These are some of the last things you should be bothered with while your child battles to survive.

Our Topeka birth asphyxia attorneys at Palmer Law Group are waiting to speak with you concerning your case. We are eager to give you competent legal guidance and do the work it takes to recover adequate or maximum compensation on your behalf.

What Is Birth Asphyxia?

Birth asphyxia is a medical condition in newborn babies that is due to an insufficient supply of oxygen. This may occur before, during, or after birth, making it difficult for the baby to breathe.

Birth asphyxia can be treated, and affected babies can return to full health. However, not every affected baby can be as lucky. In many cases, the victim could grow up with life-changing medical challenges such as autism, low intelligence quotient, schizophrenia, epilepsy, and cerebral palsy.

There are several causes of birth asphyxia. Some of the common ones are:

• When a baby is born prematurely (before 37 weeks)
• Prolonged and problematic labor
• Infection while in labor
• Insufficient oxygen in the mother’s blood
• Compression of the umbilical cord
• When the baby inhales their first feces
• The baby’s blood cells lack sufficient blood
• A tear in the muscular walls of the uterus.

In a lot of cases, birth asphyxia results from the carelessness of the medical team. If you suspect that this is the case, you might be able to claim compensation for the mishap.

Once birth asphyxia is discovered, your major focus should be securing treatment for your child while an experienced lawyer handles the legal front. By getting fast and quality treatment, you can increase your child’s chances of full recovery or reduce the effects that may arise.

Our birth asphyxia lawyer can tell if you have a good shot at maximum compensation and help you proceed with compensation recovery while you focus on your child’s health.

What Damages Can You Claim in a Birth Asphyxia Lawsuit?

You should never be made to bear the brunt of your health care providers’ medical malpractice in birth asphyxia cases. The best thing to do in such situations is to secure the services of a birth injury lawyer.

Your lawyer will hold the at-fault party accountable and also let you know what damages you can claim. Generally, they’ll include any of the following:

Medical Bills

Birth asphyxia treatments don’t come cheap. If you do not demand compensation, you might end up footing expensive bills in addition to the pain you’re already enduring. Fortunately, you can secure payment for medical bills if the medical team is responsible for the baby’s condition.

Lost Parent Wages

As the parent of a child with birth asphyxia, you might not be able to work during the period of the crisis. This means that you may lose your wages as you focus on your baby’s recovery. Fortunately, the law provides for the defendant’s insurance company to bear responsibility for this loss.

Legal Fees

Your birth asphyxia lawyer can also help you secure damages to cover legal expenses. This should cover the legal costs you’ve incurred during the distressing period up until the case is concluded.

Non-Economic Damages

These are payments for indirect losses you’ve suffered due to the accident. These damages may include pain and suffering, loss of quality of life, and mental anguish.

How We Can Help

Our birth asphyxia lawyers are more than eager to hear about your child’s situation and your concerns about medical malpractice. As soon as we speak with you and get your approval, we will swing into action to investigate the case.

The competent attorneys at Palmer Law Group will scrutinize hospital records and equipment to determine if there was any negligence involved and, if so, to what extent. We will find out if the medical personnel did all they were expected to do to protect your child from birth asphyxia.

If we discover fault with the medical personnel, we’ll act promptly to file a compensation claim with the appropriate insurance company. We are also ready to proceed to court if need be and find expert witnesses to strengthen your case.

FAQs

Based on interaction with our previous clients, we’ve selected and provided answers to some questions we believe could be on your mind:

How Long Do I Have To File A Birth Asphyxia Claim? 

Based on the statute of limitations, you have two years from the time of the medical practitioners’ negligence to file a birth asphyxia compensation claim. Failure to meet this deadline will strip you of your rights to compensation, so it’s best to begin your claim process as early as possible.

How Much Compensation Can I Win?

While there’s no limit to the amount of compensation you can win in a birth asphyxia claim, Kansas places a $250,000 limit on how much you can obtain as non-economic damages. At Palmer Law Group, we always push for maximum compensation because we believe that no amount is too much to compensate for your ordeal.

What if I Am Partly At Fault for My Baby’s Birth Asphyxia? 

You could still be eligible for compensation even if you have some fault in your baby’s birth injury. Kansas operates on the modified comparative negligence standard for medical malpractice. This means that you can win compensation if your percentage of fault is less than 50%.

Can I Pursue My Birth Asphyxia Claim Without a Lawyer? 

Yes, it’s possible to handle your birth asphyxia compensation claim without seeking an attorney’s help.  However, given the complexity of Kansas medical malpractice laws, we strongly advise against it. Pursuing your birth asphyxia claim alone is extremely challenging and will significantly reduce your chances of maximum compensation.

Let A Palmer Law Group Attorney Fight For You

If your child has suffered birth asphyxia by a medical team’s negligence, our attorneys at Palmer Law Group know how to ease your pain. We will take over the responsibility of making sure that the medical professionals and health facility foot your bills.

Our team of award-winning medical negligence attorneys has secured over $100 million in settlement sums for past clients. We will leverage our robust experience to ensure that you are part of this success story. Let’s begin your journey to compensation ASAP.

Attorney LJ Leatherman

LJ Leatherman passionately believes in fair and dedicated representation for individuals who have been affected by automobile negligence, electrical injuries, firearm litigation, wrongful death, and third-party claims against insurance companies and all other areas of personal injury litigation. [Read More]