Last Updated on December 16, 2024 by Michelle Wan
Hypoxic-Ischemic Encephalopathy (HIE) is a serious birth injury caused by a lack of oxygen and blood flow to a newborn’s brain. While some cases of HIE are unavoidable, many are preventable and occur due to medical negligence during labor, delivery, or postnatal care. If your child has been diagnosed with preventable HIE, filing a legal case can help secure the resources necessary for medical treatment, therapy, and long-term care.
This detailed guide walks you through the process of filing a case for preventable HIE and how to navigate this challenging journey.
What is Preventable HIE?
HIE is a brain injury that occurs when the brain is deprived of oxygen (hypoxia) and blood flow (ischemia). Preventable cases often result from errors or negligence by medical professionals, such as:
- Failing to monitor fetal distress.
- Delaying necessary interventions, such as a cesarean section.
- Improper use of delivery tools, like forceps or vacuum extractors.
- Failing to treat maternal or neonatal infections that lead to complications.
These preventable mistakes can lead to long-term disabilities, such as cerebral palsy, developmental delays, and seizure disorders, profoundly affecting the child and their family.
Steps to File a Case for Preventable HIE
Recognize the Signs of Medical Negligence
Before filing a case, it’s essential to determine if medical negligence may have contributed to your child’s HIE. Common signs of negligence include:
- A lack of response to fetal distress.
- Prolonged labor with no timely intervention.
- Mismanagement of maternal conditions like preeclampsia or gestational diabetes.
- Delayed treatment for neonatal jaundice or infections.
If any of these issues occurred during your pregnancy, labor, or delivery, negligence might have played a role.
Consult a Birth Injury Attorney
Working with an experienced birth injury attorney is critical to building a strong case. During your consultation:
- Share your medical records, birth history, and any information related to your child’s condition.
- Discuss the timeline of events during labor and delivery, highlighting any concerns or delays you noticed.
- Review potential legal options and the compensation you may be entitled to.
Why an Attorney is Essential:
- They can identify instances of negligence that may not be immediately apparent.
- They understand state-specific medical malpractice laws and statutes of limitations.
- They can connect with medical experts to strengthen your case.
Gather Evidence
To prove that HIE was preventable and caused by medical negligence, your attorney will gather critical evidence, including:
- Medical Records: Documentation of prenatal care, labor, and delivery to identify errors or oversights.
- Fetal Monitoring Data: Evidence of how the healthcare team responded to signs of fetal distress.
- Expert Testimony: Input from medical professionals who can confirm whether the standard of care was met or not.
The goal is to demonstrate how the healthcare provider’s actions—or lack of action—directly led to your child’s HIE diagnosis.
File the Claim
Once sufficient evidence is gathered, your attorney will formally file the claim. This involves:
- Naming the healthcare provider(s), hospital, or facility responsible for the negligence.
- Outlining the damages being sought, including medical expenses, lost wages, pain and suffering, and the cost of long-term care.
Negotiate a Settlement or Go to Trial
After filing the claim, the legal process will proceed in one of two ways:
- Settlement: Many medical malpractice cases are resolved through settlements, where the responsible party agrees to compensate the family without going to trial.
- Trial: If a settlement cannot be reached, the case may go to court, where a judge or jury will determine the outcome.
Factors Considered in Compensation:
- Medical Expenses: Current and future costs of treatments, therapies, and adaptive equipment.
- Non-Economic Damages: Pain and suffering, emotional distress, and diminished quality of life.
- Lost Wages: Compensation for parents who need to leave their jobs or reduce work hours to care for their child.
Challenges in Filing an HIE Case
Filing a birth injury case for HIE can be complex and emotionally taxing. Common challenges include:
- Statutes of Limitations: Each state has a time limit for filing medical malpractice claims. Missing this deadline may bar you from seeking compensation.
- Proving Negligence: It must be shown that the healthcare provider’s actions deviated from the standard of care.
- Medical Records Access: Hospitals and doctors may be hesitant to release full records, which can delay the process.
An experienced attorney can help navigate these obstacles and ensure your case progresses efficiently.
How Legal Action Can Help Families
Filing a case for preventable HIE is not just about securing financial compensation—it’s about justice and accountability. A successful claim can:
- Provide the funds needed for your child’s therapies, medical equipment, and home modifications.
- Hold healthcare providers accountable, ensuring better care for other families in the future.
- Offer peace of mind, knowing that your child’s long-term needs are financially supported.
How Thomas & Wan LLP Supports Families
At Thomas & Wan LLP, we understand the emotional and financial burden of caring for a child with HIE. With over 55 years of combined experience, our compassionate attorneys are dedicated to helping families:
- Investigate the circumstances surrounding their child’s injury.
- Build a strong case backed by medical evidence.
- Secure the compensation needed to support their child’s future.
We offer a free consultation to discuss your case and explore your legal options. Let us help you seek justice and the resources your family deserves.
Preventable HIE injuries can have lifelong consequences, but families do not have to face the challenges alone. By filing a legal case, you can secure financial support, hold negligent parties accountable, and provide your child with the best possible future.
If your child’s HIE diagnosis was caused by medical negligence, contact Thomas & Wan LLP today for a free consultation. Let us guide you through this journey with care, expertise, and unwavering support.
