Brain injuries take many forms and are not always caused by a direct impact. Anoxic brain injuries occur when the brain is deprived of oxygen for an extended period. These injuries frequently result from incidents involving near drowning, medical negligence, or complications during childbirth. When the injury is the result of someone else’s negligent act, a Henderson anoxic brain injury lawyer can bring the experience and knowledge to help.
Contact our dedicated traumatic brain injury attorneys today for a free consultation.
The brain requires a continuous supply of oxygen to function. When that supply is interrupted for four to six minutes or more, an anoxic brain injury may occur. Initial effects often include confusion and dizziness. As oxygen deprivation continues, neurons begin to fail and die, disrupting electrical signaling in the brain. This process can lead to loss of consciousness and, in some cases, coma.
Once the deprivation has reached 4-6 minutes, widespread brain damage can occur. This deprivation will impact parts of the brain responsible for memory, movement, and coordination. This damage may or may not be reversible with treatment.
If the oxygen deprivation goes on longer, the brain will undergo even more damage, much of which will be irreversible. After ten minutes, brain death is possible, and any recovery will likely include permanent impairments in cognition and senses. Some anoxic brain injuries can result in a permanent vegetative state.
Because the body is complex and interconnected, there is a wide range of incidents that can result in anoxic brain injuries.
One of the more common negligent causes of anoxic brain injury is medical malpractice. Anesthesia errors, failure to monitor oxygen levels, and surgical missteps can leave the brain deprived of oxygen for an extended period of time. A delayed response from EMT or ER professionals during a cardiac event or stroke can also result in anoxic brain injuries.
Near-drowning accidents may occur at private or public swimming pools, recreational areas like lakes and rivers, and in car accidents where the car is submerged. If there is a broken gate around a pool or a lack of adequate supervision, there may be liability for the accident and resulting anoxic brain injury.
If negligence has resulted in an anoxic brain injury, a personal injury lawsuit may allow the injured person and their family to seek compensation. Establishing negligence requires demonstrating that someone had a duty of care (such as a doctor treating a patient), that the person breached that duty, that the breach caused the injury, and that there are damages. A Henderson anoxic brain injury attorney may assist with gathering expert medical opinions and conducting a thorough review of medical records to support the claim.
In a complex case like an anoxic brain injury, much of this legal work will require interviews with expert medical professionals and careful evaluation of medical records.
In near-drowning accidents, in particular, it is important to consider Nevada’s practice of modified comparative fault (NRS 41.141). This means that even if the injured party is found partially at fault, they can still seek compensation if they are found to be less than 51% responsible.
In Nevada, most personal injury cases have no cap, and even medical malpractice cases (which have a cap for non-economic damages) have no cap for actual medical expenses. This can be especially important in an anoxic brain injury case where medical expenses can be substantial and lifelong.
An anoxic brain injury can permanently alter every aspect of a person’s life, from cognitive function to long-term independence. When negligence is involved, pursuing legal action may be an essential step toward securing financial support for ongoing care, rehabilitation, and quality of life.
A knowledgeable Henderson anoxic brain injury lawyer will evaluate your case, explain your legal options, and help you navigate the complexities of the claims process. Call now to begin a confidential consultation and take the first step toward protecting your rights.
