Brain damage is one of the most devastating injuries a person can experience. A brain injury of this degree could significantly impact a person’s ability to learn, speak, hear, see, or retrieve memories. Additionally, they could lose motor control, have trouble with tasks requiring dexterity, and see changes in their personality.
Sometimes, a negligent act or omission by another party can lead to an incident that causes a hypoxic brain injury. If you or a family member experienced brain damage and believe someone else’s negligence contributed to the incident, contact a Columbus hypoxic brain injury lawyer as soon as possible. They could help you pursue the compensation you deserve for your life-altering harm. Contact our firm today to discuss your unique case with a traumatic brain injury attorney.
What is a Hypoxic Brain Injury?
A hypoxic brain injury, also called cerebral hypoxia, occurs when the oxygen flow to the brain is restricted temporarily. If brain cells get insufficient oxygen, they die, resulting in brain damage.
According to the Cleveland Clinic, brain cells begin to die after just five minutes of low oxygen. The effect of cerebral hypoxia depends on the extent and duration of the oxygen deprivation. People with a hypoxic brain injury might experience:
- Cognitive impairment
- Muscle spasms
- Poor balance or muscle coordination
- Changes in personality
- Difficulty swallowing
- Blurred or double vision
Additionally, a severe hypoxic brain injury can lead to a coma. Some people are able to recover from cerebral hypoxia, but they may have permanent impairments stemming from the injury. Sometimes hypoxia may lead to brain death, causing the sufferer to require life support to maintain bodily function. People with brain death cannot recover and pass away if life support is disconnected. If someone has sustained a hypoxic brain injury due to another party’s negligence, our Columbus attorneys could help them pursue legal action against those responsible.
Causes of Cerebral Hypoxia
Any circumstance that deprives the brain of oxygen can lead to hypoxic brain injury. Some common causes of such injuries include:
- Near-drowning
- Smoke inhalation
- Heart attack and stroke
- Electrocution
- Choking
- Carbon monoxide poisoning
- Seizures
- Birth injuries
- Drug overdose
- Surgical errors
Many of the causes of hypoxic brain injuries result from another party’s negligence. For example, medical errors during surgery or birth may cause brain damage. A defective product could cause electrocution, carbon monoxide poisoning, or a fire, any of which could also lead to a hypoxic brain injury.
A Columbus attorney could investigate the incident that resulted in a hypoxic brain injury. If another party’s negligence played a role, our team could seek monetary damages to compensate for related losses. Damages could include medical costs, lost income, and restitution for pain, suffering, disability, and diminished quality of life.
Determining Liability for a Hypoxic Brain Injury
Seeking damages for a hypoxic brain injury requires a plaintiff to show that the injury is related to the conduct of another party. The specific requirements for proving responsibility for the damage will depend on the circumstances.
Product Liability
If a product malfunction or defect led to the situation that caused hypoxic brain damage, a Columbus attorney could bring a product liability lawsuit. In this case, a manufacturer may be held liable if a product left their control in a defective condition. In situations involving product liability, an injured party has up to two years after the date of injury to pursue a claim. However, a product liability lawsuit cannot go forward if the product left the manufacturer’s control more than ten years before the filing.
Medical Malpractice
Negligent medical care or treatment can lead to hypoxic brain injuries. Ohio Revised Code §2305.113 allows the injured person or their family one year from the incident date to file a lawsuit seeking medical malpractice damages from a healthcare provider. A plaintiff alleging a medical error caused a hypoxic brain injury must file their suit with a certificate of merit from a physician. This document attests that the physician reviewed the plaintiff’s medical record and found evidence suggesting they did not receive an appropriate standard of care.
Negligence
Negligence is defined as the failure to use the degree of care or caution a reasonable person would have used in similar circumstances. Negligence is the basis of many personal injury lawsuits. For example, if a person fell off a ferry and nearly drowned, the boat owner might be liable for the injured person’s cerebral hypoxia on a negligence theory. A plaintiff must bring a lawsuit seeking damages for personal injuries resulting from negligence within two years of an injury.
Speak to a Columbus Hypoxic Brain Injury Attorney Today
Recovery from a hypoxic brain injury is lengthy and demands considerable effort and determination. It may also require substantial financial resources. While you heal, pursuing legal action may be the last thing on your mind. Let a skilled attorney take care of the legal aspects of your case while you focus on healing.
If you or your family member is recovering from cerebral hypoxia, trust a Columbus hypoxic brain injury lawyer to press your claim for damages. They can help determine whose negligence contributed to your injury and hold them legally accountable. Contact our firm today to schedule a consultation.
