G. Eric Nielson & Associates, LLC

Childbirth is supposed to be one of the most joyous occasions in a woman's life; however, sometimes there are problems during childbirth that can result in your newborn suffering severe, maybe even lifelong injuries.

Anoxic/Hypoxic Ischemia

Two problems that can occur during childbirth are Anoxic Ischemia and Hypoxic Ischemia. Anoxic Ischemia means there was absolutely no oxygen being delivered to the baby during childbirth or right after delivery, and hypoxic ischemia means there was a decreased and inadequate amount of oxygen getting to the infant. The decreased amount of oxygen or the total lack of oxygen causes damage to the infant's brain and/or spinal cord.

When a newborn suffers from these serious conditions, it is quite possible that a physician's medical malpractice is to blame. Though hypoxic ischemic encephalopathy is quite rare (2-4 cases out of every 1,000 births), when the condition does develop, it is very serious in that it can threaten the baby's survival and cause permanent brain damage. Approximately 20% of all infants with this condition will die during the newborn period. And of the ones that do survive, at least 25% will have permanent neurological problems. Hypoxic ischemic encephalopathy is a frequent cause for epilepsy, mental retardation and learning disabilities.

The exact causes of this condition are not known, but some studies have revealed that complications with the umbilical cord, rupture of the uterus, maternal low blood pressure, and other complications can cause hypoxic ischemic encephalopathy.

What Can You Do?

Many mothers and fathers feel helpless when their baby is born with these conditions and they don't know how to manage everything that will now be coming their way. Young parents may be faced with astronomical medical bills, long-term care costs, and special schooling expenses. We can help you. Our law firm has attorneys with a great deal of medical malpractice experience, and we know how to help families that are in your situation. If your child's condition was caused by medical malpractice, we will fight to get you the compensation you deserve.

If you or a loved one has suffered from Hypoxic/Anoxic Ischemia or any other birth injury, please contact the experienced Medical Malpractice Attorneys at G. Eric Nielson & Associates, serving Salt Lake City, Price, Tooele and the surrounding areas.

Today the Utah Court of Appeals issued its decision in Harper v. Evans, 2008 UT App 66, --- P.3d ---. The court upheld a trial court's ruling that the patient had delayed in bringing her claim to court, and the statutory time limit for doing so had expired.

Statutes of limitation--laws that place limits on how long an injured person has to sue--are just one of the many legal pitfalls facing malpractice victims. There are some narrow exceptions and statutory tolling provisions, but as Harper illustrates, courts are generally strict in enforcing the time limits.

If you believe you have been injured by medical error, do not delay in seeking legal advice. Even if your claims have merit, you can be precluded from any recovery if you wait to long. You should seek legal assistance immediately.