Questions?What Is a Hypoxic Ischemic Encephalopathy Settlement?
A hypoxic ischemic encephalopathy settlement is a financial agreement reached between the family of a child affected by HIE and the medical professionals or hospital that should have prevented it from happening.
Hypoxic ischemic encephalopathy is a form of brain damage caused by a lack of oxygen and blood flow. It often happens during childbirth and can sometimes be avoided with proper care.
Unfortunately, severe HIE can cause permanent disabilities, leading to a lifetime of specialized care. The medical expenses associated with catastrophic birth injuries are often more than most families could have planned for.
- Bringing a sense of justice and helping to prevent future medical mistakes
- Covering lost income if a parent needs to stop working to care for their child
- Paying for medical expenses like therapy, medications, and special equipment
Settlements are typically negotiated out of court and paid out as a lump sum. Many hypoxic ischemic encephalopathy injury settlements result in multimillion-dollar payouts.
Working with an experienced HIE lawyer can help increase your chances of getting maximum lawsuit compensation.
The Birth Injury Justice Center works with top birth trauma attorneys who can help families in all 50 states. Our legal partners have recovered over $962 million for families affected by preventable birth injuries, including HIE.
If you suspect your child’s HIE could have been avoided, we may be able to help you pursue a hypoxic ischemic encephalopathy settlement.
Get a free case review right now to see if you may qualify.
Recent Hypoxic Ischemic Encephalopathy Settlements
Hypoxic ischemic encephalopathy settlements vary widely depending on the severity of your child’s injury and the quality of medical care they received.
Cases of severe HIE can result in multimillion-dollar settlements.
- $8.8 million in Ohio for cerebral palsy, HIE, and epilepsy after a delayed C-section
- $5 million for significant brain injury from HIE due to delayed delivery
- $4.25 million in Massachusetts for HIE after prolonged and mishandled labor induction
- $3.5 million for HIE due to improper fetal monitoring and a delayed C-section
- $2.5 million in Florida for HIE, seizures, and respiratory failure from induced labor
- $5.5 million in Maryland for HIE due to an improperly positioned post-delivery catheter
- $6 million in Michigan for cerebral palsy, seizures, and cognitive impairments after fetal distress
- $8 million for severe lifelong disabilities from HIE due to delivery negligence
If your child’s condition was caused by medical negligence, you may be able to access compensation as well. For many families, working with experienced birth injury attorneys helped ensure maximum payouts.
The best way to determine the value of your potential hypoxic ischemic encephalopathy settlement is to get a free consultation from an experienced law firm.
Call the Birth Injury Justice Center right now at (800) 914-1562 or Click to Live Chat to see if we can connect you.
HIE and Medical Malpractice
When health care professionals don’t provide proper care, it may be considered medical malpractice.
The causes of hypoxic ischemic encephalopathy are sometimes unavoidable, but in many cases, the condition is due to medical mistakes or improperly managed issues during high-risk pregnancies and childbirth.
- Delaying delivery when there are risks to the baby’s brain (like oxygen deprivation)
- Failing to address signs of umbilical cord problems, such as drops in the heart rate
- Ignoring issues with the placenta, like early separation or blockage of the birth canal
- Mishandling complications during labor, such as shoulder dystocia
- Mismanaging the mother’s health conditions, like high blood pressure or diabetes
- Missing risk factors and warning signs during a high-risk pregnancy
- Neglecting to perform a cesarean section (C-section) when needed
Pursuing a medical malpractice lawsuit can help families get compensation to cover costs and provide the best care for their child.
If you believe your child’s HIE may have been caused by medical malpractice, an experienced personal injury attorney may be able to fight for the compensation your family deserves.
Who Qualifies for HIE Settlements?
Families affected by HIE may be eligible to file a lawsuit and seek hypoxic ischemic encephalopathy settlements if medical negligence played a role in their child’s condition.
Individuals who may qualify to pursue an HIE settlement include:
- Parents: The child’s primary caregivers who have been directly affected
- Legal Guardians: Individuals with legal responsibility for the child
It’s important to understand that HIE may not be diagnosed immediately, and symptoms may not appear until your child grows.
If you notice symptoms of hypoxic ischemic encephalopathy, like developmental delays, seizures, or motor impairments, consult a medical professional and consider seeking legal advice.
An experienced attorney can help determine your eligibility and guide you through the legal process with as little added stress as possible.
Steps to Pursuing Hypoxic Ischemic Encephalopathy Settlements
Securing a settlement for hypoxic ischemic encephalopathy involves several key steps. Understanding the legal process can empower families as they navigate life after the trauma of birth injuries.
- Free case review: Top birth injury law firms offer no-cost initial consultations to determine if you may be eligible for lawsuit compensation. Get your free case review right now.
- Collect evidence: Your legal team will gather critical evidence to strengthen your case. This may include medical records, witness statements, opinions from medical experts, and any relevant documentation of the birth.
- File the lawsuit: Your attorney will file a birth injury lawsuit in the appropriate court, ensuring all applicable deadlines are met.
- Negotiate a settlement: Your lawyer will work with the other side to reach a settlement as quickly as possible. The goal is to secure the maximum possible compensation as quickly as possible for your family.
If a settlement can’t be reached, or the offer does not adequately cover your damages, your legal team will continue fighting for your family at trial. However, most birth injury lawsuits end in settlements out of court.
When you work with an experienced birth injury lawyer, you can focus on caring for your child. Meanwhile, your legal team will work tirelessly to secure the hypoxic ischemic encephalopathy settlement your family deserves.
Factors That Affect HIE Settlement Amounts
Several factors influence the amount of compensation families may receive from a hypoxic ischemic encephalopathy settlement.
- The degree of medical negligence that contributed to the injury
- Severity of harm and the long-term effects caused by your child’s HIE
- Expenses for ongoing and future medical care, like medications, therapy, and surgery
- Costs for necessary home modifications and adaptive equipment
- Physical and emotional suffering endured by your child and family
- State where your child was born, as compensation amounts and regulations can differ
The Birth Injury Justice Center partners with experienced birth injury lawyers who can assess all related costs to ensure you receive the maximum possible HIE settlement.
Get a free case review to see how we may be able to help you secure the compensation your family deserves.
When to Pursue a Hypoxic Ischemic Encephalopathy Settlement
You should consider pursuing a hypoxic ischemic encephalopathy settlement as soon as you suspect your child’s condition might be due to a medical error.
Each state has its own set deadline for birth injury cases. Therefore, it’s essential to consult with an attorney who understands the laws in your area. An experienced birth injury 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. An experienced lawyer can protect your legal rights, even if you don’t have an official diagnosis yet.
Don’t wait to find out what legal options you may have — call a member of our team right now at (800) 914-1562.
Get Help Seeking a Hypoxic Ischemic Encephalopathy Settlement
The Birth Injury Justice Center understands that your child’s well-being is your top priority and that a hypoxic ischemic encephalopathy settlement can provide the resources needed for their proper care.
We’ve partnered with experienced HIE lawyers who can help families in all 50 states. If you qualify, they can guide you through the legal process, ensure your rights are upheld, and fight for the compensation your family deserves.
Our legal partners have secured over $962 million for families affected by preventable birth injuries, and they may be able to help your family, too.
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 Settlement FAQs
How much is the HIE lawsuit settlement?
The value of a hypoxic ischemic encephalopathy settlement varies and is influenced by factors like 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. These skilled attorneys fight for the maximum compensation allowed by law.
Is HIE always malpractice?
No, hypoxic ischemic encephalopathy (HIE) is not always the result of malpractice. HIE can occur due to various factors during childbirth, some of which are beyond medical control.
However, if medical errors — like improper monitoring or delayed intervention — contributed to the HIE, it may be considered malpractice.
It’s essential to consult with a legal expert to determine whether malpractice played a role in your specific case.
Call the Birth Injury Justice Center right now at (800) 914-1562 to talk with one of our on-staff labor and delivery nurses about whether your child’s condition could have been prevented.
Can I sue for HIE?
Yes, you can sue for HIE if it was caused by medical negligence or errors during childbirth. If you believe your child’s care was inadequate or that proper procedures were not followed, you may have grounds for a lawsuit.
It’s important to consult with a legal expert to assess the specifics of your case and determine the best course of action.
Get a free case review right now to find out if we can connect you with an experienced HIE lawyer near you.
Is HIE the doctor's fault?
Hypoxic ischemic encephalopathy may be a doctor’s fault if it stems from medical negligence or errors during childbirth.
This could include mistakes like improper monitoring, delayed interventions, or mismanagement of delivery complications. However, HIE can also occur due to unavoidable circumstances despite proper care.
To determine if a doctor’s actions contributed to your child’s HIE, consult with a skilled attorney who can review the details of your case. If medical negligence was involved, they can take legal action on your behalf and fight for the justice and compensation your family deserves.
