What is Hypoxic Ischemic Encephalopathy (HIE)?
Hypoxic ischemic encephalopathy is one of the most common causes of cerebral palsy and various other disabilities in children. When children suffer from this debilitating injury as a result of a negligent medical professional, it is imperative that families act quickly to protect their legal rights. Those harmed by careless and reckless doctors, nurses, and medical professionals may be entitled to compensation to help alleviate the costs they have incurred and will incur in the future.
At Rasansky | McKenzie Law, we provide aggressive and trusted legal representation to ensure our clients’ rights are protected, and they are able to obtain a full and fair settlement. Our Dallas hypoxic ischemic encephalopathy birth injury lawyers are available to meet with you at your earliest convenience to discuss your case and determine who should be held responsible for your child’s suffering. Contact our law firm today to schedule a free case evaluation to see how we can assist you.
HIE in infants can occur during childbirth due to various reasons; however, the underlying cause is often the direct result of medical negligence by the obstetrician, nurse, midwife, doctor, or other medical professional. If your child has suffered brain damage as a result of a healthcare professional’s negligence, you may be entitled to financial compensation to offset the cost of lifetime care.
If you suspect your child suffered an HIE birth injury due to medical negligence, don’t wait to contact our experienced Dallas HIE birth injury lawyers by calling (214) 225-2253. Rasansky | McKenzie Law’s birth injury attorneys have over 65 years of combined experience and always offer a FREE birth injury case evaluation.
Fetal HIE birth injuries can occur from hypoxia during delivery from a variety of causes:
- The baby might be left in the birth canal for too long, cutting off their oxygen supply
- Doctors and other medical professionals may fail to monitor the baby’s vital signs, such as heartbeat, effectively missing an opportunity to prevent a potential emergency in a timely manner
- The baby’s umbilical cord may be prolapsed or wrapped around his/her throat, cutting off oxygen supply
- The baby may be born breech, which may lengthen its transit time through the birth canal
- Compression or any kind of trauma to the baby’s trachea, which cuts off oxygen supply
- Low blood pressure, which may interfere with oxygen flow from the baby’s heart to his/her brain
- The child is suffering from any type of cardiovascular disease
- When the mother suffered from diabetes combined with vascular disease
- Experiencing preeclampsia can impact fetal heart rate and oxygen supply
- Anesthesia errors
- When forceps and vacuum extracts are not used properly
- When a vaginal birth is performed after a mother received a cesarean for a previous pregnancy (VBAC)
- As a result of birth trauma due to the child being improperly positioned during birth
- When the child sustains severe brain or skull trauma
- When the child is born prematurely
- When there are congenital brain malformations present
HIE symptoms may not become apparent until a few months into the baby’s life. HIE symptoms generally include:
Hypoxic-Ischemic Encephalopathy
- Seizures
- Poor coordination
- Developmental delay
- Poor judgment
- Hearing and vision problems
- Learning disabilities
- Poor feeding habits
- Experiencing behavioral abnormalities
- Having an abnormal heart rate or blood pressure
- Having irregularities of blood pressure or heart rate
- Labored breathing after birth
- Not breathing at birth
- Having excessive acid levels in the blood
- Having meconium in the amniotic fluids at birth
- Lethargy
- Poor reflexes and inability to control various muscles (also indicative of cerebral palsy)
The severity of this condition is often determined by the type and severity of the brain damage that was inflicted upon the child during the birthing process. Children have an increased risk of suffering permanent disabilities from Hypoxic ischemic encephalopathy depending on whether or not:
- They suffered from prolonged oxygen deprivation during the birthing process
- The amount of time they were deprived of oxygen
- The condition of the child before they experienced the deprivation of oxygen
- How well the baby was managed after the oxygen deprivation occurred
There are several factors that determine how long a baby can survive without oxygen. It is imperative that you understand the difference between a child surviving without any long-term consequences versus those left with adverse health effects, such as permanent brain damage.
Newborns who suffer from hypoxic ischemic encephalopathy may not exert any symptoms until later in their childhood. Some of the common signs exerted by HIE children include not reaching developmental milestones on time. Children may have problems growing, experience motor skill impairments, have cognitive function problems, and various other problems.
The more severe the brain injury, the more likely the child is to suffer from long-term consequences. Hypoxic ischemic encephalopathy can result in various long-term disabilities, conditions, and impairments, including:
- Epilepsy: Children who suffer from HIE are likely to experience neonatal seizure disorders. There are some instances where children only have one seizure and others where children suffer constant seizures that last well into their childhood and adulthood. These seizures can worsen in cases caused by HIE, which makes it crucial that the condition is detected and addressed as soon as possible.
- Cerebral Palsy: Cerebral palsy is a severely disabling condition that is often caused by hypoxic ischemic encephalopathy. This condition can have a dramatic impact on a child’s muscle control and movement. It can result in deformities and multiple other musculoskeletal problems. Children with CP often suffer from epilepsy, vision, and hearing problems, as well as severe cognitive impairments.
- Learning Disabilities: Children who suffer from learning disabilities as a result of HIE are unable to reach developmental milestones. These can be related to behavioral, communication, or physical functions, as well as intellectual abilities. Overcoming these issues can be nearly impossible.
- Motor Disorders: Children lose the ability to control how their muscles work and have problems picking up objects, turning their heads, and walking.
- Microcephaly: This condition is indicative of Hypoxic ischemic encephalopathy and is evident when children have smaller-sized heads. This condition makes it more likely that children will suffer from cerebral palsy, developmental delays, and other disabilities.
- Speech and Language Problems: Children who have HIE may have problems speaking and hearing. They will have limited communication skills and may not be able to understand others.
- Vision Impairments: Children who suffer from hypoxic ischemic encephalopathy may never be able to see properly. These children will lack the critical communication skills that they need to communicate and engage in activities.
- Sensory Processing Disorders: Children who suffer from Hypoxic ischemic encephalopathy may have problems receiving and responding to sensory messages. When they are unable to detect sensory signals in their brains, they are unable to express an adequate response to the stimulant. As a result, children may not feel things touching them.
As you can see, hypoxic ischemic encephalopathy can have a dramatic impact on a child’s life. Not only do these injuries have overwhelming consequences for children, but their families often have to spend endless time and financial resources on their care. When babies suffer as a result of medical negligence, it is crucial that their families act quickly to get the justice and compensation they need and deserve.
Is medical malpractice to blame?
Medical malpractice is defined as the failure of a medical professional to provide an individual with treatment that follows the accepted standards of practice, resulting in harm to the patient.
Medical malpractice is a common cause of HIE in infants. Doctors are required to monitor both the baby’s and mother’s vital signals at all times during labor and delivery in order to mitigate any emergencies. For example, delaying a C-section when it was obvious the birth would be challenging and potentially dangerous may constitute malpractice. Misinterpreting or failing to monitor fetal distress signals, such as the baby’s heart rate, and failing to carry out appropriate tests before birth in order to mitigate preventable complications can all constitute medical malpractice.
Raising a child with HIE can cost a fortune. Your child may require multiple surgeries, occupational and physical therapy, continuing medication, psycho-social assistance, special equipment, and more. Unfortunately, most families are not prepared for the high degree of financial burden that comes along with caring for a child born with this kind of lifelong birth injury.
Contacting an experienced HIE birth injury lawyer will give you the best chance at recovering monetary damages from those responsible for causing the injury. At Rasansky | McKenzie Law, our knowledgeable & experienced attorneys and medical advisers thoroughly review your and your child’s hospital records in order to determine if negligence did indeed occur. If negligence appears to be present, we will prepare a solid case and advocate on behalf of you and your child. Your child deserves the best care, and our goal is to help your family fight for what is right, just, and fair.
Speak With Our Dallas Birth Injury Lawyers For Free
Witnessing your child deal with pain and suffering as a result of another person’s negligence can be overwhelming. The mental and emotional consequences that families endure often have a dramatic impact on their health and well-being. In many cases, children who suffer from hypoxic ischemic encephalopathy are unable to perform various tasks by themselves. This condition has a significant impact on their health and quality of life both immediately and long-term. If your baby sustained a birth injury that caused hypoxic ischemic encephalopathy, as a result of a negligent nurse, doctor, or medical professional, it is crucial that you seek legal guidance from a qualified and knowledgeable hypoxic ischemic encephalopathy attorney in Dallas right away. You may have legal options available to help your family move forward.
The Dallas medical malpractice attorneys at Rasansky | McKenzie Law have decades of experience fighting on behalf of injured Texans and their families. Our attorneys strive to help victims protect their legal rights and maximize their recoveries after being harmed. We truly understand the overwhelming consequences victims and their families are forced to endure after a baby sustains injuries that lead to hypoxic ischemic encephalopathy and the impact it can have on them throughout their lives. Not only does this condition prevent babies from thriving and living a normal life, they often leave children in need of constant care. It is crucial that you protect your legal rights and get the compensation you need for both immediate and long-term care.
The attorneys at Rasansky | McKenzie Law are happy to speak to you about your potential case free of charge. If we can help with your claim, we’ll do so for no out-of-pocket cost to you. Call us 24/7 at (214) 225-2253.
Frequently Asked Questions
What causes a birth injury?
Birth injuries can occur for a number of different reasons. In some cases the child’s head is too large to fit through the mother’s pelvis. Other times the placenta become detached prematurely or the umbilical cord is compressed or twisted. Also, when a physician uses forceps or a vacuum during a vaginal birth, injury to the brain can result. In many of these instances time is of the essence. The doctor is responsible for knowing when a cesarean section is necessary in order to avoid injury to the child.
There is no way to completely eliminate the risk of birth injury, but some risk factors that can lead to trouble during child birth are drawn out labor, atypical positioning of the baby, too much Pitocin given to the mother, larger than average sized baby, premature birth and the use of forceps or vacuum.
Expectant parents tend to anticipate a relatively smooth birth process and a healthy baby. In the majority of cases this will be the outcome. Sadly, there are some instances where birth injury and possible lasting effects will result. If you or a loved one has a child affected by a condition that was caused by birth injury and you believe it resulted from negligence on the part of the medical staff, we can offer a free assessment of your case. We have extensive knowledge in the areas of birth injuries and medical malpractice, and will be happy to advise you of your options moving forward.
What is birth injury malpractice?
Medical malpractice relates to birth injury in cases where the medical professional charged with you and your baby’s care fails to provide appropriate care during pregnancy, during the delivery process, or shortly after the child is born.
To better understand birth injuries and how they can be caused by medical and/or nursing mistakes, first you need to understand the concept of medical malpractice. The following will explain what medical malpractice means, statistics and some general tips for selecting the right doctor and avoiding medical mistakes.
A birth injury is an injury that can happen prior to birth, during the labor and delivery process, or in the neonatal or “newborn” period. Injuries that occur during the prenatal period can be attributed to untreated infection such as Group B Streptoccoccus, placental insufficiency or abruption, and preterm birth causing respiratory distress and brain hemorrhage.
Labor and delivery injuries can be caused from a health care provider failing to recognize fetal distress during labor signaling decreased oxygen being delivered to the baby’s brain resulting in injuries to brain structures responsible for movement, cognition, vision, swallowing, and coordination. Additional injuries that occur during labor and delivery can be related to CPD or “cephalo-pelvic disproportion” whereby the baby’s head is too large to fit through the mother’s pelvis during the birthing process.
Did you know?
Rasansky | McKenzie Law negotiated a settlement of more than $10 million on behalf of an infant who was diagnosed with cerebral palsy as a result of medical and nursing malpractice. We have also obtained numerous multi-million dollar settlements for children who suffered other types of birth injuries caused by medical malpractice.
What should I do if my child suffered a birth injury?
The first and most important issue to deal with after a birth injury is caring for the health of the baby and the mother. Get advice, treatment, and support from medical professionals you trust, and do not be afraid to get a second opinion. Also, be sure to take advantage of counseling and therapy options if you or your family needs help processing what happened.
After the health and well-being of your family is under control, you may wish to speak with a Dallas birth injury lawyer. A medical malpractice attorney can help you better understand what caused your baby’s injury, collect the evidence of the case, and enumerate your legal options if you choose to take action.
A birth injury is traumatic for the entire family – and one mistake in labor and delivery can lead to a lifetime of medical costs, nursing care, disability, and therapy. If you believe that your child’s injury was caused by negligence, you owe it to your family to ensure that the person or hospital responsible for your child’s injury pays for the consequences of their negligent actions. If someone else caused the injury, why should the financial burden be placed on your family?
Is my child entitled to compensation?
Typically, it is not the parent but the child who will be awarded compensation, as it was the child who was injured by the doctor’s negligence making the child entitled to compensation. If you win your birth injury claim/lawsuit against the doctor/hospital, compensation is usually delivered in the form of a trust. Keep in mind though that parents can sue for emotional distress—or if the mother was also injured because of the doctor’s behavior. If the child dies because of a doctor’s negligence, the compensation goes to the parents.
What are the main types of birth injuries?
There are many types of injuries that can occur during pregnancy and delivery, ranging from minor to severe. Among the most common types of birth injuries are:
- Cerebral palsy.
- Brachial plexus injuries (Erb’s palsy, Klumpke’s palsy).
- Infections (B strep, meningitis).
- Baby brain damage.
- Bruising and bleeding beneath the cranial bones.
- Bone fractures and nerve damage (often to the upper arm).
- Shoulder dystocia.
- Spina bifida.
- Folic acid deficiency, anemia.
- Persistent Pulmonary Hypertension.
- Blood flow and/or oxygen being cut off to the baby during delivery (causing anoxic brain injury, hypoxia, birth asphyxia, or perinatal asphyxia).
- Wrongful death.
Will my child's birth injury go away?
Birth injuries do not always lead to serious and lasting harm to the child. Many of them will heal on their own with no medical intervention. In some incidences, however, birth injuries result in chronic conditions such as cerebral palsy, Erb’s palsy, or Klumpke’s palsy.
Of these, cerebral palsy is probably the most concerning, as the others do sometimes improve or resolve. Cerebral palsy can affect coordination, reflexes, gait, muscle tone, and mental capabilities. In a study among six countries, the incidence of cerebral palsy was estimated to be between 2.12 – 2.45 cases per 1000 births.
If you’re concerned whether or not your child’s injuries will improve, the best course of action is to speak to your pediatrician. If you’d like to have an attorney look into the facts of your case, call us at (214) 651-6100.
