The Role of a Lawyer in Addressing Newborn Hypoxic-Ischemic Encephalopathy

Hypoxic-ischemic encephalopathy occurs when an infant experiences decreased blood flow to the brain and oxygen deprivation during the birthing process. HIE can cause brain damage and other medical conditions such as cerebral palsy. If your baby was diagnosed with HIE, medical negligence may have been the cause. Talk to an experienced Dallas hypoxic-ischemic encephalopathy attorney to find out if you are entitled to financial compensation for your baby’s care.

What Is Hypoxic-Ischemic Encephalopathy

Hypoxic-ischemic encephalopathy in newborns is frequently linked to medical negligence. It can be caused by a wide variety of complications, most of which are facilitated or caused by a doctor’s actions or lack thereof. It happens when an infant’s brain does not receive a sufficient amount of oxygen (hypoxia) or blood (ischemia). Decreased blood flow to the brain means that reduced glucose and oxygen are reaching the brain cells. It also causes calcium in the brain cells to increase, which could lead to apoptosis (cell death). In serious cases, this could cause lifelong neurological disabilities including cerebral palsy. In many cases, HIE is preventable with proper medical care.  

What Is a Hypoxic-Ischemic Encephalopathy Attorney?

Hypoxic-ischemic encephalopathy attorneys are personal injury attorneys who specialize in representing families impacted by HIE due to a lack of appropriate medical care.

Based on the severity, hypoxic-ischemic encephalopathy could mean permanent disabilities that many families are not financially and emotionally prepared to handle. These disabilities can include an increased risk of epilepsy or cerebral palsy, difficulties with motor function, and cognitive impairments.

HIE attorneys file medical malpractice lawsuits that allow families to pursue the money they need to cover the lifetime expenses intrinsic to taking care of a baby with HIE.

From a legal standpoint, hypoxic-ischemic encephalopathy and medical malpractice are tightly interwoven. However, even though a medical connection exists, an HIE attorney's job is still a complex one requiring skill. They must be able to establish that something went wrong during delivery, labor, or pregnancy, and as a result, the infant sustained a birth injury. Instead, your attorney must demonstrate medical malpractice by proving:

• The level of skill and care that a reasonable healthcare professional would have shown in the same or similar situation  
• How the medical professional failed to meet this standard 
• That the medical professional’s negligence caused injury to the infant

By bringing a claim of medical negligence, the parents may be able to, at the very least, ease the financial worries arising from the provider’s negligence. 

What Causes Hypoxic-Ischemic Encephalopathy?

Some causes of infant hypoxic-ischemic encephalopathy associated with birth injury malpractice are:

• Prolonged labor or delivery: Extended labor increases the risk of hypoxic-ischemic encephalopathy, particularly if it is not properly managed with an emergency C-section
• Fetal distress: Insufficient monitoring or lack of response to signs of lack of oxygen, respiratory problems, or abnormal heart rate
• Diminished lung function: Caused by negligence in addressing problems relating to the infant’s lung functions during or immediately following birth
• Placental abruption: Failing to recognize or address a ruptured placenta could result in reduced oxygen and blood flow to the newborn 
• Umbilical cord issues: Failure to identify and address umbilical cord complications, such as prolonged pinching

If you suspect that your baby’s condition was caused by the negligence of a healthcare professional, a Dallas hypoxic-ischemic encephalopathy attorney can help. 

How Can a Hypoxic-Ischemic Encephalopathy Attorney Help Me?

A skilled hypoxic-ischemic encephalopathy attorney can streamline the legal process by handling all legal aspects of your case. Based on the circumstances of your child’s injury, an experienced birth injury attorney can also help by:  

• Reviewing your case for free: Most reputable birth injury attorneys offer prospective clients a free initial consultation to discuss their case and determine if they have a valid claim.
• Investigating your child’s injury: Your attorney will closely study the events surrounding your baby’s birth and determine if HIE was due to negligence.
• Gathering evidence: Your Dallas HIE attorney will obtain your medical records, consult with experts, and collect other pertinent evidence to build the strongest case possible. 
• Filing a lawsuit: They will handle every phase of the lawsuit, and ensure that all documents are filed in a timely fashion with the appropriate court. 
• Negotiate a settlement: Your attorney will work to obtain maximum compensation for you and your baby without going to court.
• Representing you at trial: If a fair settlement agreement cannot be reached, they will protect your rights by representing you in court. 

By partnering with an experienced HIE attorney, you can focus on yourself and your baby. Your birth injury attorney will work hard to secure the justice and financial compensation your family needs and deserves.

When Should I Hire a Birth Injury Attorney?

Ideally, you need to consider working with a birth injury attorney the minute you suspect your baby’s condition could have been caused by a medical mistake. It is essential to take immediate action because Texas has a rigid two-year deadline for filing a birth injury lawsuit. This deadline is referred to as the statute of limitations and once it expires, you will be barred from pursuing any legal action and from collecting compensation. This is just one of the reasons it is vital to partner with a birth injury lawyer who has experience in handling these kinds of lawsuits. 

It is also possible that your baby was not diagnosed or was misdiagnosed after birth. Fortunately, a knowledgeable Dallas birth injury attorney can make sure that your lawsuit is filed before the statute expires, even if you have not received a formal diagnosis. When it comes to finding out what legal avenues are open to you, don’t wait.

Rasansky Law Firm

Your baby’s health and well-being are your number one priority. Hiring the right birth injury attorney can make a world of difference in the results of your case. Birth injury cases involving hypoxic-ischemic encephalopathy are complicated and demand an attorney who not only has years of experience practicing personal injury law but is also committed to advocating for the unique needs of your family. 

If medical negligence caused your child’s hypoxic-ischemic encephalopathy or other birth injury, you may be eligible for compensation to cover their medical bills and other losses. If you think you have a valid birth injury case, schedule a free consultation with a Dallas birth injury lawyer at Rasansky Law Firm by calling us at (214) 651-6100.