Anoxic and Hypoxic Brain Injuries

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Anoxic and hypoxic brain injuries can occur after accidents, head injuries, and medical malpractice. Both can result in long term life-altering complications.

No matter the cause of your brain injury, Thomas J. Henry Law has the resources necessary to prove your claim. Call now for your free consultation.

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What are Anoxic and Hypoxic Brain Injuries

Cerebral hypoxia occurs when the brain does not receive a sufficient amount of oxygen. Without a constant supply of oxygen, the brain ceases to function properly. Cerebral anoxia occurs when the oxygen flow to the brain is completely stopped. Brain cells can begin to die in under five minutes after the oxygen supply is cut. Severe brain damage, coma, and death oftentimes follow cerebral anoxia and hypoxia. The extent of brain damage generally depends on the length of time that the brain went without a sufficient supply of oxygen.

What Causes Hypoxic and Anoxic Brain Injuries?

Anoxic and hypoxic brain injuries can be caused by a variety of accidents, including:

  • Automobile accidents (crushed windpipe)
  • On the job accidents (breathing in smoke or carbon monoxide, electrocution)
  • Unsafe premises (slip and fall injuries)
  • Medical malpractice (anesthesia complications, ventilator problems, feeding errors)

Understanding the Symptoms of a Hypoxic Brain Injury

Individuals suffering from a hypoxic brain injury may exhibit severe signs and symptoms, such as:

  • Inattentiveness
  • Poor judgment
  • Uncoordinated movements
  • Seizures
  • Mood swings or personality changes
  • Unresponsiveness
  • Unawareness
  • Lack of breathing
  • No response of the pupils to light

Oxygen supply must be restored as soon as possible to reduce the risk of a severe brain injury or death. These injuries can be treated in a variety of ways, including, oxygen therapy, medications, and cooling of the brain. Years of rehabilitation may be required following a traumatic brain injury like anoxia or hypoxia.

Anoxic and Hypoxic Brain Injuries in Children

Among the most common causes of brain damage in children is hypoxic ischemic encephalopathy (HIE). This is a critical condition that occurs in infants and is characterized by inadequate amounts of oxygen reaching the brain prenatally, intrapartum, or postnatally. When a doctor fails to provide a reasonable level of care, your child may be exposed to HIE resulting in permanent disability or even death. Long term abnormalities resulting hypoxia and anoxia in a baby can also include:

  • Seizures
  • Cognitive deficits
  • Motor impairments
  • Learning disability
  • Cerebral palsy
  • Hearing problems
  • Vision problems

If your child suffered a brain damage due to complication before, during, or after childbirth, contact Thomas J. Henry Law immediately.

Brain Injuries Caused by Ventilators

Patients with medical problems that make it difficult to breathe are often put on a ventilator. Ventilators can help a patient with breathing or control breathing completely for the patient. Unfortunately, if a problem arises with the ventilator, the patient can suffer severe injuries, such as an anoxic or hypoxic brain injury.

In 2002, The Joint Commission released a report regarding 23 ventilator-related deaths and comas, in which 65 percent were related to the malfunction or misuse of an alarm. Errors involving a ventilator could be a sign of medical negligence and malpractice.

Contact an Experienced Anoxic and Hypoxic Brain Injury Lawyer

If you or a loved one suffered from an anoxic or hypoxic brain injury, contact Thomas J. Henry. These injuries leave individuals with severe injuries that could take years to fully rehabilitate. If the injury was due to someone else’s negligence, you may be entitled to collect damages including pain and suffering, medical bills, future medical costs, lost wages, and more. Sadly, in some cases, these brain injuries lead to permanent coma or death. If your loved one passed away due to the negligence of a healthcare provider or a mishap involving a ventilator, call us today for a free legal consultation.

Our experienced medical malpractice and brain injury attorneys are available 24/7, nights and weekends to help you with your case. We have law offices located in Corpus Christi, San Antonio, and Austin, serving clients across Texas and nationwide.

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Your Anoxic and Hypoxic Brain Injury Questions Answered

We have straight answers to difficult questions to help you make critical decisions, navigate legal process and help you get justice.

Following an anoxic or hypoxic brain injury, there are always more questions than answers. At Thomas J. Henry, we’re here to answer any questions you have about your injury case.

Insurance companies will attempt to pay out as little as possible when resolving an injury claim. When an individual pursues compensation from an insurance company without the aid of an attorney, the insurance company may see the lack of representation as an opportunity to lowball the injured victim as there is no immediate risk of trial or legal recourse.

By hiring a competent attorney who has a reputation for achieving large verdicts in the courtroom, you are sending a message to the insurer. It will provide the insurance company with extra incentive to offer a fair settlement the first time.

If that first offer is not fair, an experienced personal attorney will have the resources and the knowledge to negotiate with the insurance company in pursuit of a better offer.

Thomas J. Henry Law offers free case reviews so that you can better understand your legal options. This means you pay nothing for your first consultation. Additionally, Thomas J. Henry Law works on a contingency fee basis meaning that if you do choose to hire us, you pay us nothing unless and until we win your case.

To learn more about what it takes to speak with an injury attorney about your claim here.

The cost associated with hiring a personal injury attorney and how payment is collected may vary from firm to firm. At Thomas J. Henry, we work on a contingency fee basis. This means that we don’t charge our clients a penny unless and until we when their case.

Working on a contingency fee basis allows clients access to resources and legal representation they might otherwise struggle to afford. The more serious a case is, the more money it costs to take to trial. This is because complex litigation tends to take longer to resolve and the entities involved fight harder.

This is especially true if your lawsuit is against a large company, as would be the case in a trucking accident or on-the-job injury. Such companies employ teams of lawyers and have seemingly unlimited financial resources. You need an attorney who has the same. Thomas J. Henry employs a team of more than 100 attorneys and has the money to fight your case out to the end.

Finally, by collecting any fees and expenses after a verdict or settlement is secured, Thomas J. Henry can help ensure his clients are able to focus on healing. “The client’s job is to heal. We will handle the rest,” says Thomas J. Henry.

In a contingency fee arrangement, an attorney agrees to accept a fixed percentage of your recovery as payment. This means that if you win your case, your attorney will collect their fees and expenses from the money awarded to you. However, if you lose your case, your attorney will collect nothing.

Most lawyers prefer not to work on contingency cases for two reasons:

  • There is a risk the firm will be paid nothing
  • Any payment is delayed until money is collected from the opposing party

Generally, a lawyer who accepts contingency fee cases:

  • Regularly represents clients who lack the financial resources to pay hourly attorneys fees (as is often the case for personal injury victims).
  • Is more selective about the cases they accept.
  • Is very confident in their ability to win the cases they choose to handle.

In Texas, a personal injury case is only worth what a jury is willing to award you. This is why you need an attorney who can not only prove the economic damages you have sustained due to your accident, but can also demonstrate the value of non-economic damages you may have sustained, such as pain and suffering, mental anguish, and loss of consortium.

Learn more about how to estimate the value of your personal injury claim here.

When you win your Texas personal injury case, there is a multitude of damages you can recover depending on the facts of your case. From past and future medical expenses to lost wages to pain and suffering, a jury will look at the facts of your case to determine exactly what types of compensation you are entitled to.

Among the most common damages recovered in personal injury lawsuits are:

Lost wages – You may be entitled to compensation for the impact an accident or injury has had on your salary or wages. This includes wages lost due to time spent in the hospital, rehabilitation, or the loss of a job due to disability.

Loss of earning capacity – Similar to lost wages, loss of earning capacity seeks to recover income that has been lost due to an accident or injury; however, whereas lost wages is focused on salary or wages that have already been lost, loss of earning capacity seeks damages based on future income.

Medical treatment – Damages almost always include the cost of medical care associated with an accident or injury. Damages can include reimbursement for treatment you have already received as well as compensation for the estimated cost of medical care you will need in the future.

Property loss – If any of your property was damaged or lost as a result of a personal injury accident, your attorney will seek reimbursement for repairs or compensation based on the fair market value of any property that was lost.

Pain and suffering – If your injury has resulted in pain or serious discomfort, you may be entitled to pain and suffering damages. This can include pain experienced when an injury was caused, pain experienced immediately after an injury was caused, and any ongoing pain that can be attributed to the injury or accident.

Loss of enjoyment – These damages attempt to quantify loss of enjoyment in day-to-day pursuits like hobbies, exercise, and other recreational activities.
Emotional distress – Not all injuries are physical. If your accident or injury has had a psychological impact and has resulted in things like anxiety, depression, or sleep loss, you may be entitled to emotional distress damages.

Loss of consortium – Typically applied to wrongful death lawsuits, loss of consortium damages can also be sought when a severe injury has resulted in a loss of companionship or an inability to maintain a sexual relationship with a spouse. Children may also sue for loss of consortium if the injuries have significantly hampered the victim’s ability to provide care, nurturing, or comfort.

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