The human brain depends on a constant supply of oxygen to function properly. When that oxygen flow is interrupted, even for just a few minutes, serious and often permanent damage can result. This is known as an anoxic brain injury, and it can affect individuals of any age, including newborns, patients undergoing surgery, or residents in medical facilities.
Anoxic brain injuries are especially tragic because they are often preventable. If a healthcare provider’s negligence led to a delay in restoring oxygen or treating a condition that restricted oxygen flow, they may be legally responsible for the harm caused.
At McWhirter, Bellinger & Associates, our experienced anoxic brain injury attorneys help South Carolina families pursue justice and compensation for injuries that never should have happened. If your loved one suffered brain damage due to a lack of oxygen, we’re here to help.
What Is an Anoxic Brain Injury?
An anoxic brain injury occurs when the brain is completely deprived of oxygen for a prolonged period of time. Without oxygen, brain cells begin to die within 4 to 5 minutes, leading to widespread and irreversible damage if not corrected immediately.
Anoxic injuries are distinct from hypoxic injuries, where the brain receives a reduced amount of oxygen. While both are dangerous, anoxic injuries are typically more severe and associated with higher rates of long-term disability or death.
Common Causes of Anoxic Brain Injuries
Anoxic brain injuries can occur in a wide range of medical settings. Some of the most common causes related to medical malpractice include:
- Surgical Errors
- Anesthesia mistakes
- Delayed intubation
- Improper patient monitoring during surgery
- Birth Injuries
- Umbilical cord compression
- Delayed cesarean section
- Prolonged labor without fetal monitoring
- Placental abruption or uterine rupture
- Cardiac or Respiratory Arrest
- Delayed CPR
- Medication overdose
- Failure to monitor or respond to declining oxygen saturation
- Emergency Room or ICU Negligence
- Failure to secure an airway
- Delayed diagnosis of stroke or heart attack
- Failure to treat sepsis or respiratory failure
- Choking or Drowning Incidents
- Especially in hospitals, nursing homes, or childcare facilities where proper supervision is required
Symptoms and Effects of Anoxic Brain Damage
The symptoms and severity of an anoxic brain injury depend on how long the brain was without oxygen and which areas were affected. Common consequences include:
- Loss of consciousness or coma
- Seizures
- Memory loss
- Cognitive impairments
- Speech and language difficulties
- Muscle weakness or paralysis
- Loss of coordination or balance
- Behavioral or personality changes
- Long-term vegetative or minimally conscious state
In infants and children, anoxic brain injuries can also result in conditions like cerebral palsy, developmental delays, or epilepsy.
How Medical Negligence Can Lead to Brain Injury
Anoxic brain injuries are frequently the result of avoidable delays or mistakes by healthcare professionals. Some examples of negligence include:
- Failing to monitor a patient’s oxygen levels
- Delaying intervention when oxygen saturation drops
- Improper administration of anesthesia or sedatives
- Inadequate response during a cardiac arrest
- Mismanaging labor and delivery complications
In medical malpractice law, providers are required to meet the standard of care expected of similarly trained professionals. When they fail to meet this standard and a patient suffers harm, they may be held liable for damages.
Proving an Anoxic Brain Injury Malpractice Claim
To bring a successful malpractice claim in South Carolina, your attorney must prove:
- A provider-patient relationship existed.
- The healthcare provider owed a duty of care.
- The provider breached that duty by acting negligently.
- That breach directly caused the brain injury.
- The injury resulted in measurable damages, such as medical costs, lost income, or pain and suffering.
These cases often require expert testimony from physicians who can explain how the care provided deviated from accepted medical practices. Our firm works with leading medical experts to build strong, evidence-based cases.
What Compensation Can Be Recovered?
An anoxic brain injury can create a lifetime of challenges for the patient and their loved ones. Victims often require round-the-clock care, assistive technology, and long-term rehabilitation. The financial and emotional burdens are staggering, but compensation can help secure a more stable future.
Economic Damages:
- Hospital bills and medical expenses
- Costs of in-home care or long-term residential care
- Physical, speech, and occupational therapy
- Lost income or reduced earning capacity
- Adaptive equipment and home modifications
Non-Economic Damages:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Permanent disability or disfigurement
- Loss of companionship or parental guidance (in pediatric cases)
In especially egregious cases, punitive damages may also be awarded to punish reckless or grossly negligent behavior.
What If the Injury Occurred at Birth?
When an infant suffers an anoxic brain injury during labor or delivery, it is often the result of poor monitoring or delayed decision-making by the medical team. These injuries can lead to lifelong conditions like:
- Cerebral palsy
- Seizure disorders
- Intellectual disabilities
- Behavioral and social impairments
South Carolina law allows parents to bring a birth injury malpractice claim on behalf of their child. Our personal injury attorneys have extensive experience handling these emotionally complex cases and will guide you every step of the way.
Why Choose McWhirter, Bellinger & Associates?
At McWhirter, Bellinger & Associates, we believe that families affected by preventable brain injuries deserve answers, accountability, and full financial recovery. Our team has decades of experience handling complex medical malpractice and birth injury cases throughout South Carolina.
When you hire us, you get:
- AÂ free, confidential consultation
- A contingency fee arrangement, you don’t pay unless we win
- Access to top-tier medical experts
- Compassionate, personalized service
- Offices across seven locations in the Midlands of South Carolina
We know what’s at stake in these cases, and we fight to get families the resources they need to move forward.
Contact Us Today
If your loved one suffered an anoxic brain injury due to a medical provider’s negligence, you have the right to pursue justice. Let us help you investigate what happened, hold the responsible parties accountable, and secure compensation for the care and support your family deserves.
Call McWhirter, Bellinger & Associates today. It won’t cost you anything to see if we can help.®
