Baltimore Hypoxic Ischemic Encephalopathy Attorney

What is HIE?

Hypoxic Ischemic Encephalopathy (HIE) is a medical condition that occurs when there is a lack of oxygen (hypoxia) and blood flow (ischemia) to the brain, leading to damage of brain tissue. This condition typically arises during childbirth, especially if there are complications that result in inadequate oxygen supply to the baby's brain.

HIE can have serious consequences for the affected individual, causing neurological impairment and, in severe cases, leading to long-term disabilities or even death. The severity of HIE can vary, and the extent of damage depends on factors such as the duration and degree of oxygen deprivation.

Common causes of hypoxic ischemic encephalopathy include:

• Umbilical Cord Complications: Problems with the umbilical cord, such as a prolapsed or compressed cord, can lead to reduced blood flow and oxygen delivery to the baby.
• Placental Issues: Complications with the placenta, which provides nutrients and oxygen to the fetus, can result in decreased oxygen supply to the developing baby.
• Maternal Hypotension: Low blood pressure in the mother can reduce blood flow to the placenta and, consequently, decrease oxygen delivery to the fetus.
• Complications During Labor and Delivery: Prolonged labor, difficulties with the birthing process, or other complications during delivery can contribute to oxygen deprivation.
• Infections: Infections in the mother or baby can lead to inflammation and affect oxygen delivery to the developing brain.
• Cardiac Issues: Congenital heart defects or other cardiac problems in the baby may compromise blood flow to the brain.
• Respiratory Issues: Any conditions that affect the baby's ability to breathe properly, such as meconium aspiration or respiratory distress syndrome, can contribute to HIE.

Diagnosis of HIE often involves clinical assessments, imaging studies (such as brain scans), and evaluation of the baby's medical history. Treatment may include therapeutic hypothermia, a medical intervention aimed at reducing the body temperature to minimize further damage to the brain.

The long-term outcomes for individuals with HIE can vary, and some may require ongoing medical and therapeutic support. Early detection and intervention are crucial for minimizing the impact of HIE on a child's development and quality of life.

What Are the Symptoms of HIE?

According to the Birth Injury Help Center, HIE is a serious condition with life-altering symptoms and complications that can even result in death. Babies who suffer from HIE show a wide variety of symptoms, which may include the following:

• Acidosis (the buildup of acid in the body)
• Low Apgar scores (newborn health scores) for five minutes or more
• Depressed or absent reflexes
• Yellowed skin and nails (due to stained meconium)
• Irregular breathing that may be depressed, slow, or absent
• Irregular, “floppy” muscle tone
• Low heart rate or no detectable heart rate
• Pale or bluish skin tone
• Seizures

Long-Term Consequences of HIE

Oxygen or blood loss to the brain is traumatic, even if it lasts only a few seconds. In a newborn child, the consequences can be especially severe compared to those in an adult.

The long-term consequences of HIE include but are not limited to:

• Developmental problems
• Lack of motor skills
• Epilepsy

When we seek compensation on behalf of you and your child, we consider how HIE will affect your lives now and far into the future. Depending on the extent of your child’s dysfunction and other factors, we may seek a settlement or a jury verdict. We’ll do whatever it takes to bring you justice.

How do Doctors Cause HIE?

Most cases of HIE are completely preventable with proper medical care and attention. It is up to a medical provider to carefully assess a baby’s health and that of the pregnant mother before, during, and after birth to reduce the chances of a brain injury like HIE. A medical provider must also act with the utmost care during the delivery process to avoid depriving the child’s brain of oxygen.

HIE can be caused by:

• Delayed or prolonged labor
• A needlessly delayed C-section
• Umbilical cord strangulation
• A baby’s unusual positioning in the birthing canal

Determining Liability

Many cases of HIE in children are entirely preventable. However, it can be difficult to prove a case was preventable and only happened due to a doctor’s negligence.

Determining liability in cases of HIE can be complex and involves a thorough examination of the circumstances surrounding the birth and the actions of the medical professionals involved. Liability may arise if medical negligence or malpractice is identified as a contributing factor to the development of HIE.

Here are key steps and factors considered in determining liability:

1. Medical Standard of Care: Establishing the standard of care is crucial. This involves determining what a reasonable and competent healthcare professional would have done in similar circumstances. Medical guidelines, protocols, and accepted practices in the relevant field are often considered.
2. Causation: There must be a connection between the medical professional's actions (or lack thereof) and the development of HIE. It needs to be demonstrated that the negligence directly led to oxygen deprivation or other factors contributing to HIE.
3. Expert Testimony: Medical experts play a significant role in HIE cases. Expert witnesses, usually other healthcare professionals, may provide testimony to help establish the standard of care, evaluate whether it was breached, and link any negligence to the outcome.
4. Medical Records Review: Thoroughly examining medical records is essential. This includes prenatal records, labor and delivery records, and postnatal records. Any deviations from standard procedures, failure to monitor vital signs or delays in responding to complications may be indicative of negligence.
5. Timeline of Events: Establishing a timeline of events during labor and delivery is crucial. This includes understanding when signs of distress were observed, when interventions were implemented, and whether there were any delays in responding to emergencies.
6. Informed Consent: If the parents were not adequately informed about risks and alternatives, this may also be a factor. Lack of informed consent can contribute to liability if the medical professionals failed to communicate potential risks associated with certain procedures.
7. Documentation of Communication: Any communication between healthcare professionals and the parents, as well as among the medical team, should be reviewed. Clear documentation of discussions, decisions, and actions taken is important.
8. Hospital Policies and Procedures: Compliance with hospital policies and procedures is another aspect to consider. Failure to follow established protocols may contribute to liability.

An HIE lawyer from our firm can review medical records and interview experts to determine whether your child’s case of HIE was preventable. If your lawyer discovers your child’s case was preventable and caused by a doctor’s negligence, the doctor may be found liable for your child’s damages.

What Damages Could I Collect for My Child?

Since birth, your child may be experiencing serious symptoms and complications, such as seizures or epilepsy. Your child deserves recompense for their injury and suffering, and you deserve compensation for your financial damages, so you should consider filing a legal claim for all of these damages and others.

If you decide to pursue legal action, you may be able to claim and collect the following damages:

• Medical bills, including bills you’ll have to pay in the future
• Bills for any assistive equipment your child may need
• Bills for any therapies your child may require, like physical therapy or occupational therapy in the future
• Lost wages due to having to look after your child
• Pain and suffering and mental anguish