Hypoxic-Ischemic Encephalopathy Lawyer

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

Infant hypoxic-ischemic encephalopathy (HIE) occurs when a baby suffers from oxygen deprivation and reduced blood flow to the brain during childbirth. HIE can lead to brain damage and other conditions like cerebral palsy. If your child has HIE, medical malpractice may have played a role. Find out if you can work with an experienced hypoxic-ischemic encephalopathy lawyer to seek compensation for your child’s care.

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What Is a Hypoxic-Ischemic Encephalopathy Lawyer?

A young mother holds her infant while while using her laptop at the kitchen table.A hypoxic-ischemic encephalopathy lawyer is a specialized personal injury attorney who represents families affected by the condition when it should have been prevented with proper medical care.

Depending on the severity, hypoxic-ischemic encephalopathy (HIE) can mean lifelong disabilities that most families are not prepared for. These could include cognitive impairments, motor function difficulties, and an increased risk of cerebral palsy or epilepsy.

HIE lawyers file medical malpractice lawsuits so families can seek the financial aid needed to pay for the lifetime costs associated with caring for a child with HIE.

The lawyers in our network have helped families across the country recover over $917 million from birth injury lawsuits, including cases of preventable HIE. Find out if they can help your family.

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Hypoxic-Ischemic Encephalopathy (HIE) and Medical Malpractice

HIE is a form of brain injury in infants, often linked to medical malpractice. It occurs when a baby’s brain receives insufficient blood (ischemia) and/or oxygen (hypoxia). This situation can be avoided with proper care in some cases.

The condition leads to reduced blood flow to the brain. This causes decreased oxygen and glucose (sugar) to get to the brain cells. Additionally, it increases the amount of calcium in the brain cells, which can cause cell death. In severe cases, this can result in permanent neurological impairments like cerebral palsy.

Causes of HIE linked with birth injury medical malpractice include:
  • Extended labor and delivery: Prolonged labor can increase the risk of HIE, especially if not managed properly with a medically necessary cesarean section (C-section)
  • Fetal distress: Inadequate monitoring or medical interventions in response to signs of abnormal heart rate, indicating lack of oxygen in the womb
  • Impaired lung function: Negligence in addressing issues related to the baby’s lung function during or after birth
  • Maternal infection: Failure to detect or treat an infection during pregnancy that can be passed to the infant
  • Placental abruption: Failure to promptly address or recognize rupture of the placenta can lead to reduced blood and oxygen flow to the baby
  • Shoulder dystocia: Failure to deliver the baby in a timely and safe manner after the head has been delivered, but the shoulders are stuck behind the mother’s pelvis
  • Umbilical cord problems: Failure to detect and manage complications with the umbilical cord, like prolonged cord compression

If you suspect medical professionals could have prevented your child’s condition, a hypoxic-ischemic encephalopathy lawyer may be able to help. Find out right now with a free case review.

How Can a Hypoxic-Ischemic Encephalopathy Lawyer Help?

An experienced hypoxic-ischemic encephalopathy lawyer can simplify the lawsuit process for you, handling all legal work. They will develop a customized approach for you and your family, generally involving the following steps.

Here is how a top birth injury lawyer can help:

  1. Providing a free consultation: They offer a free case review to see if you may have a valid birth injury claim.
  2. Investigating the birth injury: Your lawyer examines the details of your child’s birth to determine if HIE was caused by medical negligence.
  3. Collecting evidence: Hypoxic-ischemic encephalopathy lawyers gather medical records, expert opinions, and other relevant evidence to build a strong case.
  4. Filing the lawsuit: They handle each step of the legal process, ensuring all documents are filed correctly and within the required timeframes.
  5. Negotiating on your behalf: They will work to secure the highest birth injury settlement without going to trial.
  6. Representing you in court: If a fair settlement isn’t reached, they will take your case to trial to fight for your rights.

Working with an experienced hypoxic-ischemic encephalopathy lawyer allows you to focus on your child. Your legal team will work diligently to get the financial support and justice your family deserves.

Hypoxic-Ischemic Encephalopathy Settlements and Verdicts

Hypoxic-ischemic encephalopathy settlements provide families with the financial aid needed to care for their child. In fact, HIE settlements have awarded millions of dollars to families who have been impacted.

HIE settlements that have been reported include:
  • $35 million+ in New York for a child born with severe brain injuries and HIE due to undiagnosed placental abruption
  • $8.8 million in Ohio for a child born with cerebral palsy, HIE, and epilepsy after a complicated pregnancy and delayed C-section
  • $6 million in Michigan for a child born with cerebral palsy, seizures, and cognitive impairments after failure to address fetal distress
  • $5.5 million in Maryland for an infant with HIE due to an improperly positioned post-delivery catheter
  • $4.75 million+ in New Hampshire for a child who developed HIE and disabilities following a difficult vaginal birth after a healthy pregnancy
  • $4.25 million in Massachusetts for a baby born with HIE after a prolonged and mishandled labor induction
  • $2.5 million in Florida for a newborn with HIE, seizures, and respiratory failure due to improperly induced labor

For many families, working with an experienced HIE lawyer helped increase their birth injury lawsuit payouts.

Get a free case review right now to see if you qualify to work with a hypoxic-ischemic encephalopathy attorney near you.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

Get a Free Case Review

When Should I Hire a Hypoxic-Ischemic Encephalopathy Lawyer?

You should consider hiring a hypoxic-ischemic encephalopathy lawyer as soon as you suspect your child’s condition might be due to a medical error.

It’s important to act quickly because there’s a strict deadline for filing lawsuits, known as the statute of limitations. Once this window passes, you won’t be able to pursue legal action.

Each state has its own set deadline for birth injury cases. Therefore, it is essential to consult a lawyer who understands the laws in your area. A hypoxic-ischemic encephalopathy lawyer can advise you on the best time to file your lawsuit.

Additionally, your newborn may be misdiagnosed or not diagnosed with HIE immediately after birth. However, an experienced hypoxic-ischemic encephalopathy lawyer can ensure your case is filed before your deadline, even if you don’t have an official diagnosis yet.

Don’t wait to find out what legal options you may have. Call our team at (800) 914-1562 or get a free case review right now.

How to Find the Best Hypoxic-Ischemic Encephalopathy Lawyer

Selecting the right hypoxic-ischemic encephalopathy lawyer for your case is essential to increase your chances of a successful outcome. Birth injury cases are complex and challenging to prove, but experienced attorneys can help.

Below are some qualities to look for in hypoxic-ischemic encephalopathy lawyers.

No Upfront Costs

Choose a hypoxic-ischemic encephalopathy lawyer who works on a contingency fee basis. This means there are no upfront costs, and you don’t pay legal fees unless your case is successful. If they negotiate a birth injury settlement or win a verdict for you, they will receive a percentage of your payout.

Registered Nurses on Staff

Our legal partners have labor and delivery nurses with decades of combined expertise on staff. They are available to listen to your story and answer any questions you have. They can help you understand what could have caused your child’s HIE.

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Experience in Hypoxic-Ischemic Encephalopathy Cases

Seek attorneys with experience handling HIE and other birth injury cases. Top hypoxic-ischemic encephalopathy lawyers know how to gather the evidence needed to build a strong case linking your child’s HIE with medical negligence.

History of Successful Birth Injury Settlements

Experienced HIE lawyers have a proven track record of success with previous HIE and other birth injury cases. This means they can accurately assess your child’s birth injury and calculate the amount of money needed for your child’s lifelong care. Then, they will fight hard to get you the money your family needs.

Works at a Reputable Birth Injury Law Firm

Choosing an attorney from a trusted birth injury law firm can significantly strengthen your legal representation. These firms not only offer extensive legal expertise but also have access to substantial resources and support, ensuring a more comprehensive approach to your case.

Find a Hypoxic-Ischemic Encephalopathy Lawyer Near You

Your child’s well-being is the top priority. Having the right hypoxic-ischemic encephalopathy lawyer can make all the difference in the outcome of your case.

HIE cases are complex. They require a lawyer who is not only experienced in the law but also dedicated to advocating for your family’s needs.

Hypoxic-ischemic encephalopathy lawyers with the right experience can guide you through the legal process with clarity. They work hard to ensure your rights are upheld and fight for the compensation your family deserves.

At the Birth Injury Justice Center, we partner with some of the country’s best hypoxic-ischemic encephalopathy lawyers.

Contact us now at (800) 914-1562 or fill out our case review form to see if we can help you provide a more secure future for your child.

Hypoxic-Ischemic Encephalopathy Lawyer FAQs

What is hypoxic-ischemic encephalopathy medical malpractice?

Hypoxic-ischemic encephalopathy medical malpractice occurs when negligence leads to a brain injury caused by insufficient oxygen and blood flow during childbirth.

Families have legal rights to seek compensation when HIE occurs due to medical malpractice. They shouldn’t bear the financial burden of lifelong care caused by a medical professional’s mistake.

The Birth Injury Justice Center partners with some of the best hypoxic-ischemic encephalopathy lawyers in the country. Find out if we can connect you right now with a free case review.

Do you have to hire a hypoxic-ischemic encephalopathy lawyer to start a lawsuit?

You are not required to work with a hypoxic-ischemic encephalopathy (HIE) lawyer. However, it is in your family’s best interest to do so. Birth injury cases, especially those involving HIE, are complex, and legal expertise can significantly increase your chances of a successful outcome.

How much does a hypoxic-ischemic encephalopathy lawyer cost?

A top hypoxic-ischemic encephalopathy lawyer will usually not charge any upfront legal fees. They only get paid if you win your case and are awarded financial compensation.

Your hypoxic-ischemic encephalopathy lawyer will take a percentage of your compensation to cover their legal fees. The percentage collected can vary, so discussing this with your attorney is important.

What is the settlement for an HIE lawsuit?

The value of an HIE settlement varies widely and is influenced by factors such as the severity of the injury, ongoing medical needs, and long-term consequences. However, the average birth injury settlement is estimated at $1 million.

Experienced hypoxic-ischemic encephalopathy lawyers can assess the specifics of your case to provide an estimate.

How long will an HIE birth injury case take to settle?

The duration varies and is influenced by factors like the complexity of the case, time spent negotiating, and potential court proceedings. An experienced hypoxic-ischemic encephalopathy lawyer can provide a more accurate estimated timeline based on the specific details of your case.

Birth Injury Support Team
Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View Sources
  1. Cleveland Clinic. (2023, September 8). Hypoxic-ischemic encephalopathy (HIE). Retrieved January 20, 2024, from https://my.clevelandclinic.org/health/diseases/hypoxic-ischemic-encephalopathy-hie
  2. Hagberg, H., et al. (2016, August). Perinatal brain damage: The term infant. Neurobiology of disease, 92(Pt A), 102–112. Retrieved January 20, 2024, from https://doi.org/10.1016/j.nbd.2015.09.011