When the brain is deprived of oxygen, even briefly, the consequences can be devastating. A hypoxic brain injury can result in permanent neurological damage, cognitive impairment, paralysis, or death.
If oxygen deprivation occurred because of medical negligence, a car crash, unsafe property conditions, or another preventable incident, you may have the right to pursue compensation. Speaking with an experienced Austin brain injury lawyer can help you determine your legal options.
Understanding Hypoxic Brain Injuries
A hypoxic brain injury, also known as cerebral hypoxia, describes harm to the brain that is caused by an inadequate supply of oxygen reaching the brain cells. An anoxic brain injury (anoxia) describes a complete lack of oxygen. Within just a few minutes of oxygen deprivation, brain cells begin to die. A prolonged loss of oxygen can result in severe brain injuries and permanent brain damage.
Common Causes of Hypoxic Brain Injury in Texas
Any situation where an individual’s oxygen supply gets interrupted or cut off could lead to a hypoxic or anoxic brain injury in Texas. This may occur due to:
- Anesthesia errors
- Intubation mistakes
- Complicated birth
- Birth injuries
- Drowning
- Cardiac arrest
- Carbon monoxide poisoning
- Choking
- Suffocation or strangulation
Hypoxia can lead to mild to severe brain injuries, with symptoms such as physical and cognitive impairment, seizures, coma, or death.
When Can You File a Personal Injury Claim for Hypoxic Brain Injury in Texas?
You can sue for a hypoxic brain injury in Texas if another person or party caused or contributed to the injury due to negligence. Within the context of a personal injury claim, negligence means someone has failed to conduct themselves with the proper amount of care, resulting in harm to others.
To have a valid claim to damages for a hypoxic brain injury, you need evidence of the following four things:
- Duty of care: the defendant or person you wish to hold accountable for your injury owed you a responsibility to act with reasonable care.
- Breach of duty: the defendant committed an act or omission that violated the duty of care owed to you.
- Causation: the defendant’s negligent, reckless or malicious act was the direct or proximate cause of your hypoxic brain injury.
- Damages: you suffered real losses as a result of brain hypoxia or anoxia, including brain damage, medical bills and lost wages.
You may have grounds for a medical malpractice, car accident, workplace accident, premises liability or product liability claim after suffering a hypoxic brain injury, depending on the circumstances. If a loved one tragically died from this type of brain injury, your family may also have grounds for a wrongful death claim in Texas.
Your Next Step: Contacting Our Brain Injury Lawyers
The strength of your hypoxic brain injury claim in Texas depends on the power of your evidence and the legal foundation of your case. A highly experienced Austin personal injury lawyer will be able to improve your odds of success by preserving key types of evidence, hiring neurological experts to testify, taking over settlement negotiations with an insurance company for you and representing you in court, if necessary.
At FVF Law Firm, our attorneys have over 100 years of combined legal experience. Find out how we can help you with a hypoxic brain injury case in Texas during a zero-cost, zero-pressure consultation.