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Can I Recover Compensation for a Hypoxic Brain Injury?

Posted in Brain Injury on November 19, 2021

If you or a loved one has been diagnosed with a hypoxic brain injury, don’t hesitate to contact an attorney in Dallas for a free initial legal consultation. You may be eligible to file a lawsuit against the person or party who caused your brain injury in pursuit of financial compensation. Whether or not you have the right to recover financially depends on the circumstances surrounding your injury.

What Is a Hypoxic Brain Injury?

There are two types of brain injuries: traumatic and acquired. A traumatic brain injury is caused by an external source of trauma, such as a bump or blow to the head. An acquired brain injury is caused by internal problems. A hypoxic brain injury is a type of acquired brain injury. Both types of brain injuries have the potential to be severe or catastrophic, meaning they can inflict permanent brain damage on the victim.

A hypoxic brain injury describes damage inflicted to the brain due to decreased oxygen flow to the brain’s cells. An anoxic brain injury describes a complete loss of oxygen to the brain. Brain cells need a constant supply of oxygen to survive and function correctly. Oxygen deprivation can result in the permanent impairment of a brain cell’s function. After approximately four minutes, oxygen deprivation can cause brain cell death.

Symptoms and Effects of a Hypoxic or Anoxic Brain Injury

There is no such thing as a minor brain injury. A hypoxic brain injury at any level is a condition that must be taken seriously. A hypoxic or anoxic brain injury can lead to short-term or long-term symptoms for a survivor, such as:

  • Headaches
  • Slurred speech or trouble communicating
  • Confusion or disorientation
  • Loss of memory
  • Trouble concentrating
  • Trouble balancing
  • Motor impairment
  • Changes in sleep patterns
  • Personality changes
  • Facial drooping
  • Seizures
  • Loss of consciousness
  • Coma or death

Whether or not a victim can make a full recovery from a hypoxic brain injury depends on the circumstances, the diagnosis and the individual. Treatments such as therapy and rehabilitation may help a patient recover.

Hypoxic Brain Injuries and Medical Malpractice

You may be able to recover financial compensation after being diagnosed with a hypoxic brain injury if there is proof that one or more parties reasonably could have prevented your injury with due care. If a defendant committed a negligent act or omissions and this caused your hypoxic or anoxic brain injury, the defendant may be held civilly liable (financially responsible) for your related losses and damages.

To be negligent means to use less than an appropriate amount of care. Two of the most common examples of negligence in association with acquired brain injuries are medical malpractice and birth injuries. A few types of medical malpractice can cause brain hypoxia. For example, if an anesthesiologist uses too much anesthesia or improperly intubates a patient, this could interrupt the flow of oxygen to the brain, resulting in a hypoxic or anoxic injury.

A birth injury could also cause brain hypoxia. A baby’s brain is delicate while still in development. Any interruption to its oxygen supply before, during or shortly after birth can cause permanent brain damage. If a doctor fails to monitor fetal vital signs and notice that a baby is losing oxygen due to umbilical cord prolapse, for example, the doctor may not react appropriately to restore oxygen flow. If there is proof that any type of negligence caused or contributed to your hypoxic brain injury, you may be eligible for financial compensation.

Contact a Brain Injury Lawyer in Dallas

Always contact a brain injury attorney after being diagnosed with a hypoxic brain injury. An attorney can help you with the complicated legal process, including identifying what caused your injury and fighting for a fair financial recovery on your behalf. Although no amount of money can make up for a brain injury, a positive case outcome can give you the ability to move forward with greater peace of mind. Contact The Law Firm of Aaron A. Herbert, P.C. today for a free consultation about your case.