Birth injuries like hypoxic-ischemic encephalopathy (HIE) and cerebral palsy (CP) can have profound and lasting effects on children and their families. If you’re a parent in Maine concerned that your child’s birth injury may have been caused by a medical mistake, it’s important to understand your rights and options.
Laura Brown, a dedicated Maine birth injury attorney at Brown Trial Firm, specializes in helping families like yours navigate these complex and emotionally challenging cases. Her practice is exclusively focused on birth injuries, so you can trust that you’ll receive knowledgeable and compassionate legal support to help you recover the compensation your child needs to live their life to the fullest.
Laura is committed to understanding each family’s unique situation and fighting for their rights. Learn more about how she can help with your child’s HIE or cerebral palsy claim by scheduling a free consultation.
What is HIE, and does it cause cerebral palsy?
Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury that occurs when the brain doesn’t receive enough oxygen and blood flow. This can happen before, during, or shortly after birth due to various factors, which we’ll discuss in more detail below.
HIE can indeed cause cerebral palsy (CP), which is a group of disorders affecting movement, muscle tone, and posture. When the brain damage from HIE affects the areas responsible for motor control, it can result in the development of cerebral palsy.
Not all babies with HIE will develop cerebral palsy, but HIE is a significant risk factor for CP, and the extent of brain damage from HIE is a major determinant of the type and severity of CP a child may experience.
Early diagnosis and intervention are crucial for managing symptoms and improving outcomes for children affected by HIE and CP.
A guide to baby brain damage
Understand when infant brain damage might be the result of medical negligence.
Is cerebral palsy considered brain damage?
Yes, cerebral palsy (CP) is considered a form of brain damage. How cerebral palsy ultimately impacts a child depends on the extent and location of the brain injury.
While cerebral palsy is a neurological condition, it’s fundamentally linked to brain damage that impacts physical functioning and, in some cases, cognitive abilities.
Are doctors responsible for cerebral palsy and HIE?
While doctors are not always responsible for cerebral palsy and HIE, there are instances where medical errors can be contributing factors. If an OB-GYN or other health care provider fails to adhere to the accepted standard of care, and this negligence results in harm to the mother or baby, they could be held liable.
Examples of medical errors that could potentially lead to HIE or CP include the following:
- Failure to properly monitor fetal heart rate or detect signs of fetal distress during labor and delivery.
- Delayed or misdiagnosis of maternal conditions like high blood pressure, gestational diabetes, or infections that could impact the baby’s health.
- Failure to recognize and address complications during delivery, such as umbilical cord problems, placental abruption, or shoulder dystocia.
- Medication errors, including administering the wrong dose of medication or anesthesia to the mother during labor or delivery.
- Improper use of vacuum extractors or forceps during delivery that causes injury to the baby’s head or brain.
- Delay in performing a necessary cesarean section (C-section) when a vaginal delivery poses risks to the baby, such as in cases where the baby is large or in the wrong position for delivery.
- Failure to adequately resuscitate the newborn if they experience breathing difficulties after birth.
- Mismanagement of newborn jaundice, leading to kernicterus and potential brain damage.
- Inadequate monitoring and care in the neonatal intensive care unit (NICU) for high-risk infants.
It’s important to emphasize that not all cases of HIE or CP are caused by medical negligence. Some cases may result from unavoidable complications or unknown causes.
However, if you suspect medical errors played a role in your child’s condition, seeking legal counsel from an experienced birth injury attorney is crucial. They can investigate the circumstances, consult with medical experts, and determine if malpractice occurred.
Can I sue for HIE and cerebral palsy?
Yes, you can sue for hypoxic-ischemic encephalopathy (HIE) and cerebral palsy (CP) birth injuries if you believe they resulted from OB-GYN malpractice. If a doctor, nurse, or other health care provider’s negligence or improper care during pregnancy, labor, delivery, or the immediate postpartum period caused or contributed to these conditions, you may have grounds for a medical malpractice lawsuit.
The key to medical negligence in cases of HIE and cerebral palsy is proving that the health care provider did not meet the standard of care. This means showing that the OB-GYN or other medical professionals failed to act as a reasonably competent provider would have acted under similar circumstances, resulting in harm to the patient.
Typically, proving medical negligence involves gathering medical records, expert testimony, and other evidence to demonstrate that the health care provider’s actions deviated from the accepted standard of care. Expert witnesses, usually experienced medical professionals, will compare the care provided to what is considered appropriate under similar circumstances, highlighting any lapses that led to the injury.
What is the life expectancy of a baby with HIE?
The life expectancy of a baby with HIE varies greatly depending on the severity of the brain injury:
- Mild HIE. Most infants with mild hypoxic-ischemic encephalopathy recover well and have a normal life expectancy. They may experience some developmental delays or minor disabilities, but these can often be managed with therapy and support.
- Moderate HIE. Babies with moderate HIE may face more significant challenges, including motor impairments, learning difficulties, or seizures. However, with early intervention and ongoing care, many can still lead fulfilling lives with a near-normal life expectancy.
- Severe HIE. Severe HIE often leads to significant disabilities, such as cerebral palsy, cognitive impairment, epilepsy, and vision or hearing problems. Complications associated with these conditions can considerably shorten a child’s life or even lead to infant fatalities.
It’s widely recognized that prompt treatment with therapeutic hypothermia within hours of birth can significantly improve outcomes for babies with moderate to severe HIE.
Additionally, comprehensive care and support, including therapies, medications, and adaptive equipment, can enhance the quality of life and potentially extend the life expectancy of individuals with HIE-related disabilities.
New HIE treatments and therapies are also constantly being developed, offering hope for better outcomes for babies with HIE. If your child has been diagnosed with HIE, it’s important to work closely with their health care team to develop an individualized care plan and stay informed about the latest research and treatment options.
Maine cerebral palsy and HIE resources for children and families
There are many organizations in Maine that provide services for children and families with disabilities like HIE and CP. Here are a couple notable ones:
With multiple locations throughout Maine, Pine Tree Society is a nonprofit organization dedicated to providing comprehensive services and support to individuals with disabilities, including those with HIE and CP, to help them lead more active and fulfilling lives.
- Address: 149 Front St, Bath, ME 04530
- Phone: (207) 443-3341
United Cerebral Palsy of Maine
United Cerebral Palsy of Maine offers programs and services aimed at improving the quality of life for individuals with cerebral palsy and other disabilities, providing resources, advocacy, and support to enhance their independence and inclusion in the community.
- Address: 700 Mt. Hope Ave, Suite 320, Bangor, ME 04401
- Phone: (207) 941-2952
Have questions about what caused your child’s HIE or CP? Our experienced Maine birth injury attorney can help!
If your family is grappling with the challenges of HIE or CP, know that you are not alone. The journey may seem overwhelming, but Brown Trial Firm is here to offer support and guidance. Compassionate and knowledgeable Maine birth injury attorney Laura Brown is dedicated to fighting for justice on behalf of families like yours.
Don’t let your questions or concerns go unanswered. Reach out to Brown Trial Firm for a free consultation.
We’re here to listen to your story, answer your questions, and provide the information and support you need to make informed decisions for your child’s future.
Get started by scheduling your in-person or virtual appointment with Brown Trial Firm today.
