The Legal Implications of Hypoxic-Ischemic Encephalopathy in Newborns

Giving birth to a baby is supposed to be a joyous and happy occasion. Sadly, it can also be heartbreaking and worrying when your sweet infant sustains a birth injury caused by medical negligence. Hypoxic-ischemic encephalopathy can occur when a newborn’s brain does not receive enough oxygen. Hypoxic-ischemic encephalopathy is associated with numerous medical conditions, such as developmental problems, seizures, and cerebral palsy. If your child’s HIE was the result of medical negligence, you might be eligible to bring a birth injury lawsuit against the doctor, nurse, or facility responsible. 

Was Your Baby’s HIE Caused By Medical Negligence?

Hypoxic-ischemic encephalopathy occurs when a baby’s brain does not receive enough oxygen for a length of time. It can happen during gestation, labour, delivery, or shortly after the baby is born.

There are multiple causes of HIE. During pregnancy, it can be the result of:

  • Pre-eclampsia
  • Placenta insufficiency
  • Alcohol or drug use
  • Maternal diabetes
  • Fetal anemia
  • Fetal infections
  • Malformation of the lungs
  • Heart disease

During labor and delivery, HIE can be the result of:

  • Uterine rupture
  • Placental abruption
  • Excessive placental bleeding 
  • Problems with the umbilical cord 
  • Prolonged or stalled labor
  • Abnormal fetal positioning
  • Maternal hypotension

After delivery, HIE could be the result of:

  • Extreme pre-term birth
  • Infections
  • Heart or lung disease
  • Skull injuries or brain trauma
  • Fetal hypotension
  • Cardiac arrest
  • Respiratory failure

The presence of any of these problems shortly after, during, or before birth, can starve the brain of oxygen. Once this happens, brain cells begin to die. The longer the baby’s brain goes without oxygen, the greater the risk of serious injury. 

In many circumstances, the source of hypoxic-ischemic encephalopathy is medical negligence. Medical negligence takes place when a medical professional, such as an obstetrician, nurse, or midwife, fails to uphold the medical standard of care and that failure results in patient injury. 

By monitoring the fetus and mother properly, healthcare providers can be forewarned of symptoms indicating complications that may result in HIE. Specifically, the infant’s heart rate and other vitals should be closely tracked through the use of a fetal heart rate monitor during the birthing process. If it becomes necessary, immediate intervention via an emergency C-section or other medical procedure could decrease the chances of a newborn developing hypoxic-ischemic encephalopathy.

Types of medical negligence that could lead to or worsen HIE are: 

  • Failing to intervene appropriately when problems related to the umbilical cord, placenta, and/or uterus arise
  • Errors in monitoring fetal heart rate 
  • Failure to respond promptly to signs of fetal distress
  • Failing to intercede in a breech birth
  • Failing to manage a high-risk pregnancy properly 

Once the child is born, they should be checked immediately for signs of hypoxic-ischemic encephalopathy using the Apgar score. If they show any symptoms, then doctors should provide cooling therapy immediately in order to reduce the risk of long-term disabilities and stop any brain damage from progressing. Failing to administer immediate cooling therapy to a newborn displaying symptoms of HIE could also be considered medical negligence.

If your baby has HIE that you suspect is due to medical negligence, you might be entitled to file a birth injury lawsuit against the negligent party or parties. The Dallas birth injury attorneys at Rasansky Law Firm can decide if you have a valid claim against a physician, nurse, hospital, or other medical professional or healthcare facility. 

Filing a Hypoxic-Ischemic Encephalopathy Lawsuit

If your baby has begun to display symptoms associated with HIE, you might be wondering what your rights are and if you can file a suit. As previously mentioned, there numerous possible causes of HIE. If you think your baby’s HIE was caused or worsened by medical negligence, then you might be eligible to file a lawsuit.

Birth injury cases are a distinct form of litigation wherein parents seek to recover damages on behalf of themselves and their injured children. A jury verdict or settlement can help mitigate the exorbitant costs that accompany serious birth injuries like HIE.

Unfortunately, financial compensation will not resolve every challenge that stems from rearing a child with HIE. A lot of children with HIE also have related medical conditions, like cerebral palsy. They often require a substantial amount of care, not just during their childhood but throughout the rest of their lives as well so parents frequently struggle with extremely limited resources, services, and support. 

Securing compensation via an HIE lawsuit can lessen economic strain and provide parents with the opportunity to afford treatments and therapies that will help their child live life to the full. Financial compensation could also alleviate the burden of being an around-the-clock carer, making it possible for you to re-enter the workforce or pursue other opportunities.

A birth injury lawsuit could yield financial compensation for:

  • The cost of current and future medical care, such as attendant care, therapy, equipment, case management, prescription medications, medical supplies, and renovations to your home and vehicle
  • Loss of wages or lost earning capacity, which indemnifies your child for the wages they could have earned had they not sustained a birth injury
  • Pain and suffering
  • Out-of-pocket expenses 
  • Lost wages for the time parents had to take off of work

An experienced birth injury attorney can determine whether or not you have a viable case, and if so, what it could be worth.

What Can a Birth Injury Attorney Do For Me?

If your child sustained a serious birth injury such as hypoxic-ischemic encephalopathy, you are likely overrun with therapy appointments, doctor’s appointments, and simply trying to deal with your emotions regarding what happened. You may not have even thought about filing a lawsuit because you are stretched as far as you can go simply caring for your child as best you can. 

If your child sustained a birth injury due to medical malpractice, you could be entitled to compensation for their medical care and other damages. If you are thinking about filing a birth injury medical malpractice claim, consult with a Dallas birth injury attorney at Rasansky Law Firm by calling us at (214) 651-6100. We offer a free initial consultation and can advise you on how to best proceed with your birth injury case. 

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Note: The information that was utilized in this post was gathered from the use of secondary sources. This information used has not been confirmed or independently verified. If you locate any information that is not correct, please contact our firm as soon as possible so that we can make the appropriate corrections. If you find any information that is false, we will remove or correct the post immediately after it is brought to our attention.

Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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