The brain requires a constant inflow of oxygen to function. In fact, some brain cells begin to die within five minutes after they lose oxygen. If there is not enough oxygen getting to the brain, the result may be severe brain damage or death. Cerebral hypoxia affects the cerebral hemispheres, a condition in which the entire brain loses oxygen. Brain injuries arising out of the loss of oxygen may be compensable if they resulted from medical malpractice or other negligence. For example, some newborns suffer birth injuries as a result of oxygen loss. In another example, brain injuries caused by loss of oxygen may be due to anesthesia complications. At the Dean Law Firm, our Ocala medical malpractice lawyers may be able to bring a lawsuit on behalf of someone who suffered brain injuries due to malpractice or negligence.
Doctors sometimes make errors when caring for patients. Losing oxygen for too long may result in serious injuries, including cerebral hypoxia. You may be able to recover damages if a doctor made a mistake that resulted in you or a loved one losing oxygen and suffering a brain injury. However, not every mistake may be considered medical malpractice. Medical malpractice exists if a doctor’s conduct falls below the standard of care for other doctors in the same specialty, and the failure to meet the standard of care is the legal cause of a patient’s injuries.
For example, improper monitoring or poor handling of a newborn may result in lack of oxygen flow to a baby’s brain while they are being born. This may result in birth injuries that necessitate lifelong care for the baby. The key issue is whether the nursing staff and obstetricians behaved in the same way that other competent nurses and obstetricians would have during the birth process. If they did not, and their actions were the legal cause of the birth injuries, they may be held liable.
Any health care provider whose negligence causes brain injuries may be held liable for medical malpractice. This may include any licensed entity or individual that provides medical treatment, including doctors, nurses, hospitals, and medical groups. However, the plaintiff will need to obtain and present a certificate of merit at the beginning of the case. The thinking behind the certificate of merit is that it will prevent defendants from needing to prepare to defend against a frivolous lawsuit. However, in practice, it makes it harder for patients to recover damages after suffering life-altering injuries, such as brain injuries. A qualified physician expert needs to review all of your pertinent medical records to look at whether the staff and doctors in your case did something wrong. Physicians may serve as experts only if they are licensed to practice medicine in Florida or are otherwise qualified through the State of Florida Department of Medicine. The expert will need to provide an affidavit saying that there is enough to support your malpractice claim.
Damages that may be recovered if you suffer brain injuries caused by lack of oxygen and establish liability in court include hospitalization, rehabilitation, counseling, medical care, caregivers, medical mileage, expenses not covered by health insurance, lost wages, lost earning capacity, pain and suffering, and loss of consortium. If you lose a loved one who passes away as a result of medical malpractice, you may be able to recover compensation for loss of companionship, loss of parental support, the expenses required to obtain grief support, and funeral and burial expenses. These damages depend upon your relationship with the victim.
At the Dean Law Firm, our Ocala attorneys can represent you in a claim related to brain injuries caused by lack of oxygen. We can also bring wrongful death claims on behalf of family members whose loved ones died due to lack of oxygen. Call us at 352-387-8700 or contact us via our online form for a free appointment with a brain injury lawyer. We also serve medical malpractice victims in The Villages, Crystal River, and other communities throughout Citrus, Levy, Sumter, Marion, and Lake Counties.
