According to the Centers for Disease Control and Prevention (CDC), birth injuries occur in about 7 of every 1,000 babies born in the United States. Oversized babies, those born prematurely, and those with multiple births are at greater risk of birth injury.
Hypoxic-Ischemic Encephalopathy (HIE) is a serious birth injury that occurs when a newborn’s brain is deprived of oxygen and blood flow during or around the time of birth. This condition can lead to long-term neurological damage, developmental delays, or even death.
HIE attorney Ken Sigelman, J.D., M.D., says that if a physician immediately identifies mild HIE and addresses it correctly, it’s possible that the child in treatment could live a healthy and full life without any complications.
If medical negligence contributed to your child’s injury, you may be entitled to pursue a birth injury claim.
This article will show you the steps you can take to seek justice and secure compensation for your child’s future.
Photo by Priscilla Du Preez 🇨🇦 on Unsplash
Understanding Hypoxic-Ischemic Encephalopathy (HIE)
Low oxygen levels in an infant’s brain can cause Hypoxic-Ischemic Encephalopathy (HIE), which impairs the infant’s ability to receive nourishment and grow normally.
Symptoms of HIE may include an established high respiratory pattern, a low tone of muscle, or seizures. Pay attention to these symptoms immediately upon birth. It is critical to increase postnatal detection and intervention efforts, as early intervention can lead to a positive outcome.
A comprehensive understanding of HIE highlights the importance of closely monitoring a baby at birth to help reduce the risk of HIE. If you suspect HIE symptoms, you should refer the child to a doctor for immediate treatment.
Common Causes of HIE During Labor and Delivery
It is important for expectant parents to understand the causes that can lead to HIE during labor and delivery. There are several common factors that can raise the risk for this condition.
Low oxygen is a common cause of HIE and can be caused by cord compression or placental abruption. Long labor can also have an effect, as it can force the baby to lose oxygen.
Maternal health problems, such as massive preeclampsia or infections, further complicate a delivery. If the baby experiences distress during labor, doctors may need to act quickly to prevent HIE.
Identifying Medical Negligence in Birth Injury Cases
To achieve justice and receive compensation in a birth injury lawsuit, one must identify medical malpractice. Look for specific signs that indicate negligence.
Did the healthcare provider neglect to monitor the baby’s heartbeat during labor? Did the necessary cesarean section take place late? All these instances of lapse demonstrate breaches of a standard of care.
Objectively assess whether the medical team has performed in line with established regulations and protocols. If not, the facts of the incident should be used to support and substantiate the assessment. Medical proof, such as medical records or opinions obtained from experts, is important.
Potential Compensation for HIE Birth Injury Claims
If you need to discuss medical malpractice in a birth injury case, focus on the potential compensation of HIE damages.
Compensation covers medical costs, long-term care and treatment, therapy, and possibly the cost of special education. In HIE-related claims, the relevant parent might also seek damages for pain and suffering, emotional distress, and loss of enjoyment of life.
What you can file for depends on the injury’s severity and the damage sustained by the child. Engaging a qualified attorney in the domain of personal injury can give you guidance on your legal assumptions and help you through the scope of things.
Steps to Take When Pursuing a Birth Injury Claim
Birth injuries are very traumatic and can make it difficult for an individual to focus and handle the legal side of a birth injury claim.
Obtain all medical records and documents covering the child’s birth and health status. Find a qualified lawyer who specializes in birth injury cases to assist you with the legal steps of the process. Expect the lawyer to assess the chances of success for your case after reviewing the evidence you have gathered.
Act quickly to file the lawsuit, as statutes of limitations restrict your time for filing. Failure to meet these deadlines can jeopardize your case. Be prepared to negotiate with insurance companies and never accept an initial offer without consulting your lawyer.
Remain organized and take detailed notes of every interaction. Following these steps will put you in a better position to file a claim for your child’s injuries.
Please be advised this article is for informational purposes only and should not be used as a substitute for advice from a trained legal or divorce professional. Please seek the advice of a legal or professional if you’re facing legal/law issues.
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