Posted in: | Feb 19,2025
Hypoxic ischemic encephalopathy (HIE) is a severe brain injury that occurs when an infant’s brain is deprived of oxygen and blood flow during childbirth. According to pediatric research, HIE is the most common birth injury claim, and lawsuits involving infant brain damage rank among the highest in compensation paid to plaintiffs among medical malpractice case types. Understanding the condition and what an HIE lawyer must prove can better help you determine whether your child’s brain damage qualifies as medical malpractice.
What Is Hypoxic Ischemic Encephalopathy?
Hypoxic ischemic encephalopathy, commonly referred to as HIE, is a type of brain injury caused by a lack of oxygen in the blood (hypoxia) and reduced blood flow (ischemia) to an infant’s brain. This condition can occur during labor or delivery, leading to significant, sometimes permanent, neurological damage.
Potential Signs and Symptoms of HIE
HIE can manifest in a variety of ways before, during, or after labor and delivery. Although symptoms vary depending on the severity of the condition, some potential signs of HIE include:
- Abnormal fetal heart rate during delivery
- Umbilical cord tests showing acidic infant blood
- Low Apgar test scores (particularly for muscle tone and reflexes)
- Seizures beginning shortly after birth
- Respiratory issues, such as difficulty breathing or needing mechanical ventilation
- Difficulty with feeding or latching
- Abnormal muscle tone (either floppy or stiff)
Long-Term Impacts of HIE
Families dealing with HIE may face a lifetime of medical expenses, therapies, and accommodations. The long-term effects of HIE depend on the severity of the oxygen and blood flow deprivation. Some infants with mild HIE may recover with little or no lasting issues, while others will face long-term or permanent disabilities and significant challenges, including:
- Cerebral Palsy: A lifelong condition affecting movement, muscle tone, and coordination
- Developmental Delays: Impairments in cognitive, motor, or speech development
- Seizure Disorders: Ongoing neurological conditions requiring medication or other treatments
- Learning Disabilities: Challenges in academic settings due to cognitive impairments
- Behavioral Issues: Problems with attention, focus, or emotional regulation
Was Your Child’s HIE Brain Injury the Result of Medical Malpractice?
Brain damage from HIE can be preventable through timely intervention and careful monitoring throughout the mother’s pregnancy, during delivery, and immediately after. Determining if your child’s HIE is the result of medical malpractice involves evaluating the actions—or inaction—of the healthcare providers who were part of your labor and delivery.
- Did Providers Properly Monitor and Address any Signs of Fetal Distress?
Fetal monitoring is critical during labor and delivery, providing real-time information about the baby’s heart rate and oxygen levels. Signs of fetal distress, such as a dangerously low heart rate or oxygen deprivation, require immediate intervention. If healthcare providers fail to interpret, recognize, or act promptly on these warning signs, they may be negligent.
- Did Staff Initiate Emergency Interventions Promptly?
In high-risk deliveries, seconds can be the difference between a healthy outcome and irreversible brain damage. When complications such as umbilical cord prolapse, placental abruption, or uterine rupture occur, healthcare providers must act quickly. If the medical team recognizes the need for a crisis procedure, such as an emergency C-section, they must perform it immediately. Delays in recognizing or responding to these emergencies are negligent and can contribute to your child’s injury.
- Did Providers Misuse Delivery Tools or Postnatal Resources?
The correct use of delivery tools, such as vacuum extractors or forceps, is critical in ensuring the safety of both mother and baby during childbirth. When misused—whether through excessive force, incorrect placement, or poor timing—they can exacerbate complications, increasing the risk of brain injuries like HIE.
Equally important is the timely use of postnatal interventions. Cooling therapy, for instance, has been shown to reduce brain damage when initiated within six hours of birth for infants with moderate to severe HIE. Failing to recognize the need for such interventions or to transfer the infant to a specialized neonatal care unit (NICU) may be medical malpractice.
- Did the Care Team Follow the Proper Standard of Care?
Healthcare professionals must follow established standards of care to protect every mother and baby. Deviations from these standards, such as overlooking preparations for a high-risk delivery or other miscommunication failures, may have contributed to your child’s condition. Warning signs of negligence can include delays in escalating care to a specialist, a failure to document critical decisions made during complications or a delay in ordering diagnostic imaging or follow-up evaluations.
Get Answers from an HIE Lawyer
Montross Miller’s attorneys understand the emotional and financial challenges families face after a childbirth injury. With more than 45 years of experience handling complex medical malpractice cases, we are known for uncovering the truth and helping families find a path forward. Contact Montross Miller today to speak with an experienced HIE lawyer who can help you navigate this challenging time.
