When the brain is deprived of oxygen, the consequences can be devastating and permanent. An anoxic brain injury occurs when oxygen flow to the brain stops completely. A hypoxic brain injury happens when the brain receives some oxygen, but not enough to function properly. In either case, brain cells begin to die within minutes, and the damage that follows can change a person’s life forever.
If you or someone you love has suffered a brain injury caused by oxygen deprivation, you need an experienced anoxic brain injury lawyer who understands how these complex cases work. At Friedman Law Offices, we have been representing injured Nebraskans since 1962, and we work with medical professionals to build strong claims on behalf of brain injury survivors and their families. Contact us today for a free consultation.
What Are Anoxic and Hypoxic Brain Injuries?
Your brain depends on a constant flow of oxygen-rich blood to keep its cells alive and functioning. When that supply is interrupted, the results can be catastrophic.
An anoxic brain injury means the brain received no oxygen at all. A hypoxic brain injury means it received some oxygen, but not enough. Medical professionals often refer to both conditions together as a hypoxic-anoxic injury, or HAI.
The critical factor in both types of injuries is time. Brain cells can begin dying in as few as four minutes without adequate oxygen. The longer the deprivation lasts, the more severe and widespread the damage becomes. A brief interruption may cause temporary confusion or memory problems. A prolonged one can result in permanent disability, coma, or death.
Common Causes of Brain Injuries From Oxygen Deprivation
Many anoxic and hypoxic brain injuries are the result of preventable negligence. Understanding the cause of the oxygen deprivation is often the first step in determining whether you have a legal claim.
Medical Errors: Surgical mistakes, anesthesia complications, and failure to monitor a patient’s oxygen levels during a procedure can all lead to brain damage. When a healthcare provider’s negligence causes oxygen deprivation, the injured person may have a medical malpractice claim.
Birth Injuries: Oxygen deprivation during labor and delivery is one of the most common causes of brain damage in newborns. Umbilical cord complications, delayed emergency C-sections, and failure to respond to fetal distress can all cut off a baby’s oxygen supply, potentially causing cerebral palsy or other lifelong conditions.
Auto and Truck Accidents: A severe collision on Interstate 80 or Lincoln’s busy corridors can cause injuries that lead to oxygen deprivation. Heavy blood loss, chest trauma that impairs breathing, and exposure to carbon monoxide from a running engine in an enclosed space can all starve the brain of oxygen. These injuries may form the basis of a personal injury claim against the at-fault driver.
Near-Drowning: Submersion incidents at pools, lakes, or other bodies of water can deprive the brain of oxygen for minutes at a time. Even after a person is resuscitated, the brain damage from those minutes without oxygen may be permanent.
Cardiac Arrest With Delayed Response: When the heart stops pumping, the brain loses its oxygen supply almost immediately. If emergency medical personnel or hospital staff fail to respond quickly enough, the resulting brain damage can be severe.
Workplace Accidents: Exposure to toxic chemicals, confined-space incidents, and industrial accidents can all cause oxygen deprivation. Injured workers may be able to pursue both a workers’ compensation claim and a third-party negligence claim, depending on the circumstances.
Carbon Monoxide Poisoning: Faulty heating systems, gas appliances, and inadequate ventilation can lead to carbon monoxide buildup that prevents the blood from carrying oxygen to the brain. Landlords and property owners may be held liable when their negligence causes these exposures.
Signs and Long-Term Effects of Brain Oxygen Deprivation
The effects of an anoxic or hypoxic brain injury depend on how long the brain went without adequate oxygen and which areas of the brain were affected. Some symptoms appear immediately, while others develop in the days and weeks that follow.
Cognitive effects are among the most common. These include memory loss, difficulty concentrating, impaired judgment, and trouble learning new information. Many brain injury survivors describe a persistent mental fog that makes it hard to perform tasks they once handled easily.
Physical effects can range from mild to severe. Weakness or paralysis, loss of coordination, tremors, and seizures are all possible outcomes. Some people lose the ability to walk, feed themselves, or perform basic daily activities without assistance.
Behavioral and emotional changes often accompany oxygen deprivation injuries. Personality shifts, increased anxiety, depression, and sudden mood swings can strain relationships and make it difficult for survivors to return to their normal lives.
In the most severe cases, prolonged oxygen deprivation can result in coma, a vegetative state, or death. Families facing these outcomes often require long-term medical support and specialized rehabilitation. Madonna Rehabilitation Hospitals in Lincoln is one of the nation’s leading facilities for brain injury recovery, and many Nebraska families rely on its programs as part of a lengthy rehabilitation process.
How Nebraska Law Applies to Anoxic Brain Injury Claims
Nebraska law provides several important protections for people who have suffered brain injuries due to someone else’s negligence, but it also imposes strict deadlines and rules that can affect your ability to recover compensation.
Nebraska has a four-year statute of limitations for most personal injury claims under Neb. Rev. Stat. § 25-207. That means you generally have four years from the date of injury to file a lawsuit. However, some claims have much shorter deadlines.
Nebraska follows a modified comparative negligence rule with a 50 percent bar. If you are found to be 50 percent or more at fault for the incident that caused your injury, you cannot recover any compensation. If your share of fault is less than 50 percent, your recovery is reduced by your percentage of responsibility.
There are a few other Nebraska-specific rules worth knowing. The state does not allow punitive damages in civil cases. Medical malpractice damages are capped at $2.25 million under Neb. Rev. Stat. § 44-2825, which includes both economic and non-economic losses. Nebraska is an at-fault state, meaning the at-fault party and their insurance are typically responsible for paying damages.
These rules underscore the importance of consulting an attorney as early as possible. Evidence can disappear, medical records can become harder to obtain, and shorter deadlines for certain claim types can catch families off guard.
Compensation Available in Oxygen Deprivation Injury Cases
Brain injuries caused by oxygen deprivation often result in substantial lifetime costs. The compensation you pursue should account for both your current needs and the long-term care you may require.
Economic damages cover the financial losses directly tied to the injury. These include past and future medical expenses, hospitalization, surgery, medication, physical therapy, occupational therapy, and any assistive devices or home modifications you need. If the injury prevents you from working, you can also seek compensation for lost wages and diminished earning capacity. Many anoxic brain injury survivors require ongoing professional care, and the cost of long-term rehabilitation or in-home assistance can be prohibitive.
Non-economic damages address the losses that do not come with a receipt. Pain and suffering, emotional distress, loss of enjoyment of life, and the impact on your relationships are all compensable under Nebraska law. In cases involving catastrophic injuries, these non-economic damages often represent a significant portion of the total recovery.
Brain injury cases require careful calculation by medical and financial professionals who can project future costs over the course of a lifetime. At Friedman Law Offices, we work with these professionals to help ensure that every aspect of the injury’s impact is accounted for in your claim.
Frequently Asked Questions
What Is the Difference Between Anoxic and Hypoxic Brain Injury?
An anoxic brain injury occurs when the brain receives no oxygen at all. A hypoxic brain injury occurs when the brain receives some oxygen, but not enough to function normally. Both can cause permanent brain damage, but anoxic injuries tend to be more severe because the brain is completely cut off from its oxygen supply.
Can I File a Lawsuit if My Child Suffered a Brain Injury During Birth?
Yes. If a doctor, nurse, or other medical provider’s negligence caused oxygen deprivation during labor or delivery, you may have a medical malpractice claim. Common examples include failure to monitor fetal heart rate, delayed C-section decisions, and improper use of delivery instruments. Nebraska’s two-year statute of limitations for medical malpractice applies, though there are exceptions for claims involving minors.
How Long Do I Have to File an Anoxic Brain Injury Claim in Nebraska?
For most personal injury claims, Nebraska allows four years from the date of injury. Medical malpractice claims have a two-year deadline, and wrongful death claims must also be filed within two years. Missing these deadlines can permanently bar your claim, so speaking with an attorney early is critical.
What Compensation Can I Recover for a Brain Injury Caused by Oxygen Deprivation?
You may be able to recover compensation for medical expenses, rehabilitation costs, lost wages, loss of earning capacity, pain and suffering, emotional distress, and loss of quality of life. In cases requiring long-term or lifelong care, the total value of a claim can be substantial.
How Do I Prove Negligence in an Anoxic Brain Injury Case?
You must show that another party owed you a duty of care, breached that duty, and that the breach caused your brain injury and resulting damages. In medical malpractice cases, this typically requires testimony from medical professionals who can explain how the standard of care was violated. Your attorney will gather medical records, oxygen monitoring data, and other evidence to build your case.
What Should I Do if I Suspect Medical Negligence Caused a Brain Injury?
Seek immediate medical care and make sure everything is documented. Request copies of all medical records related to the injury. Then contact an experienced brain injury attorney as soon as possible. Early legal involvement helps preserve critical evidence, such as monitoring records and surgical notes, which may be essential to your claim.
Friedman Law Offices Can Help With Your Brain Injury Claim.
Oxygen deprivation brain injuries are among the most complex and life-altering cases we handle. They require a thorough understanding of both the medical science and the legal strategies needed to hold negligent parties accountable. At Friedman Law Offices, we have been representing injured people throughout Nebraska for more than 60 years, and we have the experience and resources to take on these challenging claims.
We understand that families dealing with an anoxic or hypoxic brain injury are often overwhelmed. The medical decisions alone can feel impossible. Adding a legal case on top of that is daunting. That is why we handle brain injury cases on a contingency fee basis. This means you pay no attorney’s fee unless we recover money for you, and we advance the costs of investigating and litigating your case.
If you or a loved one has suffered a brain injury from oxygen deprivation, Friedman Law Offices can help you understand your options and pursue the compensation your family needs. Contact us today at 800-876-1093 for a free initial consultation.