Michigan Hypoxic Ischemic Encephalopathy Lawyer

A Michigan hypoxic ischemic encephalopathy (HIE) lawyer can help if your child was diagnosed with a hypoxic brain injury from birth. Hypoxic ischemic encephalopathy (HIE) is a medical condition in which damage is caused to the brain due to lack of both oxygen and blood flow. It is also referred to as birth asphyxia.

Unfortunately, this type of brain injury can be permanent and have lifelong effects on your child and the care needed over his or her lifetime.

While some of these incidents happen due to unforeseen complications, others are the result of a medical professional’s negligence. Doctors, nurses, and hospitals can commit medical errors which result in a lack of oxygen to the brain and cause lifelong damage. If this happened to your child, you may have the basis to file a medical malpractice case.

Therefore, reaching out to a birth injury lawyer who specializes in hypoxic ischemic encephalopathy lawsuits to discuss your legal options and how you can pursue compensation for your child’s losses and your financial strain might be essential to helping you and your child move on. Contact us now for a free consultation.

Understanding Hypoxic Ischemic Encephalopathy
What Causes Hypoxic Ischemic Encephalopathy?
Can HIE be Treated?
Can Medical Negligence Cause Hypoxic Ischemic Encephalopathy?

What is Hypoxic Ischemic Encephalopathy?

Hypoxic ischemic encephalopathy, or HIE, is a type of brain damage caused by the lack of oxygen to a child’s brain. It is a birth injury and can happen during pregnancy, labor, delivery or after birth in the postnatal period. Birth asphyxia often results in permanent brain damage and harm, and in some circumstances the death of the child.

Hypoxia is the reduction in the supply of oxygen the brain. Ischemia refers to an inadequate supply of blood to the organs, which includes the brain. The term encephalopathy refers any form of generalized brain dysfunction. Therefore, Hypoxic-Ischemic Encephalopathy (or HIE) is a refers to brain dysfunction caused by a lack of blood flow and oxygen to the brain.

What are the Different Types of HIE?

Hypoxic ischemic encephalopathy is generally categorized into three different types. The types of severe brain inury are Mild HIE, Moderate HIE, and Severe HIE.

Mild HIE refers to the least severe of this condition. It is often characterized by poor feeding, excessive crying, and slight increased muscle tone of the child. Less than 5% of these infants with mild HIE will have a severe handicap and significant problems later in life. However, this should not minimize the seriousness of the condition.

Moderate HIE is the middle classification type. Children with this type often show lethargy, low muscle tone, slow reflexes. Some children also experience seizures from Moderate HIE. Approximately 25% to 75% of infants in this classification will have a severe handicap or potentially die early in life.

Severe HIE is the most serious classification type. It can lead to permanent disabilities due to seizures and the birth injury to the brain. It is estimated that 75% or more of these infants will have a severe handicap or potentially die early in life. Many infants with this condition do not respond well to treatment and the condition is permanent.

Understanding Hypoxic Ischemic Encephalopathy

There are two stages of a severe brain injury with hypoxic-ischemic encephalopathy.

Stage one occurs immediately after the initial oxygen deprivation, while stage two occurs as normal oxygenated blood flow resumes to the brain. This is called “reperfusion injury” and occurs as toxins are released from the damaged cells. However, either of the two stages can result in permanent brain damage to the baby. Symptoms that are consistent with HIE include:

Low or absent heart rate
Slow, irregular, depressed, or absent breathing
Acidosis
Seizures
Stained meconium
Low muscle tone or “floppy”
Skin color is blue or very pale
Absent or depressed reflexes
Apgar score of less than three, lasting longer than five minutes

There are a number of potential causes of hypoxic-ischemic encephalopathy that result in reduced oxygen supply. This type of birth injury includes placental insufficiency, uterine rupture, placental abruption, true umbilical knots, cord compression, maternal blood clotting disorders, fetal maternal hemorrhage, extremely low maternal blood pressure, trauma during delivery, placental blood clots, shoulder dystocia, cord prolapse, aneurysm rupture, cardiac arrest, and near SIDS events.

However, it is also important to understand medical negligence is a possible cause of hypoxic brain injuries . An experienced Michigan hypoxic ischemic encephalopathy lawyer can determine the cause of your child’s birth injury. If it was due to medical negligence, you may be able to file a birth injury lawsuit.

What Causes Hypoxic Ischemic Encephalopathy?

There are natural causes of hypoxic ischemic encephalopathy that occur without human or medical error. These are often unpreventable even with the best medical care.

Unfortunately, medical errors are a major cause of neonatal birth injuries, including HIE. Some common types of medical negligence that cause the birth injury are:

Medical mismanagement of women with high risk pregnancies. Pregnant women with preeclampsia and gestational diabetes require more extensive monitoring and treatment. The failure to provide this care and treatment can cause HIE.
The umbilical cord wrapping around the baby’s neck can deny the supply of oxygen to the brain. Medical providers need to quickly recognize this condition and act promptly to avoid permanent brain damage.
Complications with the placenta that result in lack of oxygen in the blood and eventually the brain in a baby, including:
- Placenta previa: when the placenta attaches too close to the cervix and causes dangerous bleeding and oxygen deprivation during delivery
- Placental insufficiency: when the placenta is unable to deliver enough blood to the baby
Uterine rupture, which is when the uterus tears and affects the oxygen flow to the brain.
Infections to the mother and baby can lead to HIE

A medical malpractice attorney specializing in HIE lawsuits will review all medical records to determine the cause of your child’s hypoxic ischemic encephalopathy. The Buckfire Law firm works with nationally respected doctors and nurses to evaluate cases to get their medical opinion on whether medical malpractice was the cause of your child’s severe brain injury.

Can HIE be Treated?

There is no way to predict the long-term birth injury effects on a baby with hypoxic-ischemic encephalopathy or other type of birth asphyxia.

HIE is managed using a treatment called therapeutic hypothermia. This is a cooling process performed in hospital under the careful supervision of neonatal specialists. With this process, the baby’s brain or body is cooled down below normal temperatures to slow the cascade effect that causes widespread damage. The goal of therapeutic hypothermia is to allows the baby’s brain to recover and hopefully minimize the level of disability. It generally must be provided within a six hour window after birth for maximum benefit, but some studies show it is beneficial if done with the first 24 hours of birth.

Doctors and nurses will also usually provide other care to assist the child in breathing, to prevent seizures, and to minimize the swelling of the brain. The best outcomes occur when the condition is timely recognized and necessary treatment is promptly initiated after the child’s birth.

For babies with mild cases, there is a likelihood that the child can lead a normal life with proper treatment and therapy. In more severe cases, however, the child can experience developmental delays, epilepsy, cognitive issues, motor skill development delays, and neurodevelopment delays.

As a result, the baby would most likely be followed by a pediatric neurologist and physical medicine and rehabilitation throughout infancy.

However, the long-term effects of HIE may not be predictable until the baby turns three or four years old. Once the child reaches those ages, physicians, social workers, and educators can begin a program to provide the best medical care and education for the child.

Can Medical Negligence Cause Hypoxic Ischemic Encephalopathy?

Medical negligence, or medical malpractice, can be a cause of hypoxic ischemic encephalopathy. Medical negligence refers to when a doctor, nurse, or other medical professional fails to provide necessary treatment within the accepted standard of care. In other words, the medical professional either failed to diagnose or treat a condition and the result has harm to the patient. This is often referred to as a a “preventable injury” caused by a medical mistake.

Due to the severe and potentially life-long impacts of a hypoxic brain injury, a parent should consult a birth injury lawyer in Michigan to discuss their legal options for pursuing a claim. Common medical errors that result in otherwise preventable injuries to the baby include:

Improper fetal heart monitoring: If a baby shows distress on the fetal heart monitor, doctors and nurses should quickly intervene so that their oxygen supply is restored. The most urgent treatment is often an emergency C-section. The failure to act promptly can be the basis for a medical malpractice lawsuit.
Failure to prevent a premature birth: There are things that a doctor can do to prevent a premature birth and reduce the likelihood that a baby has HIE.
Speed up the labor of the mother: Labor is stressful for the unborn baby because it can restrict blood flow to their brain. Doctors and nurses can speed up the labor to prevent brain damage. This can include administering Pitocin or performing a C-section.
Improper use of medications: Drugs like Pitocin and Cytotec are often administered to induce labor. While they are often helpful, if not properly given that can create problems that actually harm the baby by depriving the baby with oxygen to the brain. Doctors and nurses must be very cautions when prescribing these drugs and carefully monitor both the mother and unborn baby to make sure that the health of the baby is not at risk for a severe brain injury.
Failure to manage the baby after birth: Hypoxic-ischemic injury can be caused by complications after the child is born (called the neonatal period). Conditions like infections, jaundice, and neonatal hypoglycemia are problems and require necessary and appropriate medical management to prevent future harm.

Can I File an HIE Lawsuit?

You can sue a doctor and hospital if your baby’s HIE was the result of medical malpractice. The negligence of a medical professional to timely diagnose and treat a newborn with these injuries can give rise to a birth injury lawsuit on the basis of malpractice.

To prove a medical malpractice case, however, it must be established that the child had a hypoxic injury that was not timely diagnosed or treated—and, if it was properly treated, the newborn would not have suffered any serious injury or harm. Or, that the brain damage was preventable with proper care and treatment.

When a mother presents a hospital with signs and symptoms of a difficult delivery or of a baby in fetal distress, prompt action must be taken for the health and safety of both the mother and baby. For example, many times, an emergency c-section or other prompt medical care can prevent hypoxic or anoxic injury.

Proving this negligence often requires the consultation and opinion of medical experts, which could be sought out by a well-practiced lawyer at the Michigan birth injury law firm of Buckfire Law. Our experienced HIE attorneys will review all medical records and fetal monitoring strips to help determine if negligence caused the lack of oxygen to the brain.

If medical mistakes caused damage to your baby, you can sue for damages through an HIE medical malpractice lawsuit. Our birth injury attorneys will review all of the medical records and give you a free consultation to determine if you have a medical malpractice case. Speak with a Michigan hypoxic ischemic encephalopathy lawyer today!

How much are Hypoxic Ischemic Encephalopathy Settlements?

There are no written guidelines to determine a hypoxic ischemic encephalopathy lawsuit settlement amount. Nor is there a settlement calculator to make this determination.

There are several types of recoverable damages claimed in birth injury cases. Requests for compensation in a medical malpractice lawsuit include both economic and non-economic damages, such as:

Past, current, and future medical expenses
Lifetime medical costs for rehabilitation, therapy, counseling, and specialized medical equipment
Specialized educational needs for the child
Home modifications and vehicle modifications
Pain and suffering
Lost wages for the parents
Loss of enjoyment and companionship of the child

Essentially, the purpose of a birth injury lawsuit is to improve the lives of the child, parents, and family. Our birth trauma law firm will hire a medical expert to perform an in depth analysis of the current and future needs of your child and prepare a life care plan. These plans are very detailed written recommendations for the medical care, therapies, educational, housing, and other needs over the lifetime of the child. The plan itemizes the dollar amount and expense and totals them up to prove how much it will cost to care for and educate the child.

Life care plans are used as evidence in the case to proved the amount of damages caused by the medical malpractice. Often, parents have great concern over how their child will be cared for when they are no longer able to do it themselves. Ideally, a settlement will provide funds to care for the child when the parents are no longer around or able to provide the necessary care, comfort, and housing themselves. Parents will rest easier knowing their child will be cared for after they are gone or simply unable to provide the best for their child.

Hypoxic Ischemic Encephalopathy Settlement Case Study

A woman with a high risk pregnancy was placed at a natural birthing center to deliver her son. Her care was not medically managed by medical staff. The staff failed to monitor the baby’s heart rate with a Fetal Heart Rate Monitor.

Due to issues with the heart rate, it was necessary to perform an early C-section for the safety of the baby. However, it was not timely performed. The baby was born limp and pale. An MRI study confirmed the child suffered from hypoxic ischemic encephalopathy (HIE).

Due to this brain damage, a medical malpractice lawsuit was filed for the child and family. The birth trauma case later settled for $7.95 million.

Compensation was paid to compensate the child for past, present, and future medical and educational needs. The birth injury award also included funds for housing needs and the loss of future earnings of the child.

Call a Michigan Hypoxic Ischemic Encephalopathy Lawyer

Any complications during childbirth can be traumatizing and overwhelming, especially when you have placed you and your infant’s safety in the hands of a negligent medical professional.

If your child suffered a hypoxic or anoxic brain injury in Michigan, you have legal options and will benefit from retaining an experienced birth injury attorney.

Because of the legal nuances of any medical malpractice claim, working with a dedicated attorney will help to clarify your legal standing and allow you to proceed in a way that is best for you and your family. To learn more, call the Michigan law firm of Buckfire Law today to get started on your case.

We charge no legal fees unless you win a settlement and it costs no money to start your birth injury case. Call us now for a free consultation!