If a medical mistake caused your child’s hypoxic ischemic encephalopathy (HIE), you may be able to pursue legal action. This condition can have lifelong consequences, so it’s important to get legal representation.
If your child has been injured due to a doctor’s negligence, your family deserves to be compensated. A Fort Lauderdale birth injury lawyer can help you pursue justice.
What to Do if a Medical Mistake Caused Hypoxic Ischemic Encephalopathy
If your child suffered hypoxic ischemic encephalopathy due to a medical error, you should:
- Seek immediate medical care: Ensure your child receives the treatment necessary to manage their HIE symptoms and prevent further complications.
- Request all medical records: Obtain complete records from the hospital or medical professionals involved, including labor and delivery notes, test results, and imaging studies.
- Document everything: Keep detailed notes about the events leading up to and after the injury, including symptoms, conversations with healthcare providers, and treatments that were administered.
- Consult a birth injury lawyer: Our medical malpractice attorneys can fight for your child’s rights.
Common Medical Mistakes That Cause HIE
Hypoxic ischemic encephalopathy occurs when an infant’s brain doesn’t get enough oxygen during birth. Some medical mistakes that can lead to HIE include:
- Delayed response to fetal distress: Ignoring or failing to address warning signs, such as an abnormal heart rate, can increase the risk of HIE.
- Improper use of delivery instruments: Incorrect use of forceps or vacuum extractors during delivery can cause a brain injury.
- Failure to perform a timely C–section: Delays in performing a surgical delivery when complications arise can result in oxygen deprivation.
- Medication errors: Administering the wrong drugs or incorrect dosages to the mother or baby can contribute to HIE.
- Poor monitoring during labor: Inconsistent fetal monitoring or misinterpreted data can allow dangerous conditions to go unnoticed.
- Neglecting preexisting conditions: Failing to address known maternal or fetal health risks before or during labor can lead to serious complications.
Recognizing these mistakes is key to understanding whether medical negligence may have contributed to your child’s condition.
Who Can Be Held Liable?
Several parties may be responsible for a birth injury resulting in HIE, including:
- Obstetricians: The attending OB-GYN may be responsible if they failed to respond appropriately to labor complications.
- Nurses and midwives: These staff members may be liable if they neglected monitoring duties or mismanaged emergencies.
- Hospital staff: The facility itself can be held accountable for systemic failures, inadequate training, or unsafe practices.
- Anesthesiologists: Errors in administering anesthesia that contribute to oxygen deprivation can result in liability.
Determining liability often requires careful analysis of medical records and consultation with experts. Our lawyers can handle this part of the process and help establish liability.
How Hard Is It to Win a Birth Injury Case?
It can be difficult to win a birth injury case, but it’s not impossible. The following may improve odds:
- Clear evidence of negligence: Courts require proof that the medical provider’s actions fell below the accepted standard of care.
- Demonstrated causation: You must show that the medical mistake directly caused the HIE injury.
- Comprehensive documentation: Detailed medical records, expert opinions, and accurate timelines can strengthen your case.
- Experienced legal representation: Our birth injury lawyers have the experience to achieve a favorable outcome for your family.
What Types of Compensation Are Available?
Families affected by HIE can pursue multiple forms of compensation to cover medical and personal needs, such as:
- Medical expenses: You can recover the costs of hospitalizations, surgeries, medications, and ongoing care for your child.
- Therapies and rehabilitation: You can seek payment for physical, occupational, and speech therapies your child may require.
- Future care needs: You can secure compensation for lifelong medical and supportive care your child may need.
- Pain and suffering: You can be compensated for the physical and emotional impact of the incident on your child and family.
- Lost income and financial support: You can recover lost wages or reduced earning potential if you had to spend time away from work or will have to in the future to care for your child.
- Punitive damages: In some cases, you may be able to pursue damages meant to punish particularly negligent or reckless behavior.
What Is Hypoxic Ischemic Encephalopathy?
Hypoxic ischemic encephalopathy occurs when the brain is deprived of oxygen, often during labor or delivery. This lack of oxygen can cause brain damage, developmental delays, motor impairments, and, in severe cases, lifelong disabilities.
Common symptoms of HIE in newborns include poor muscle tone, seizures, difficulty feeding, and breathing problems.
Why Choose Anidjar & Levine?
The strength of your legal representation can have a significant effect on the outcome of your birth injury case. Families often choose Anidjar & Levine for our:
- Experience: You can rely on a team skilled in handling HIE and other complex medical malpractice cases.
- Track record: You can trust our history of achieving substantial settlements and verdicts.
- Comprehensive case support: You will receive support and guidance at every step of the legal process.
- Personalized attention: You can expect consistent communication and an empathetic lawyer who’s ready to become your family’s legal advocate.
- No upfront fees: We work on a contingency fee basis, which means you won’t owe any legal fees unless we win your case.
Get Help from a Birth Injury Lawyer Today
If your child suffered HIE due to medical negligence, it’s time to take action. A birth injury attorney from Anidjar & Levine can gather evidence to prove your case and pursue compensation to protect your child’s future.
With the right legal team, you can get the financial support you need for your child’s ongoing medical needs. Schedule a free consultation to start building your claim today.
