Hypoxic-ischemic encephalopathy (HIE) is a serious brain injury that often results from decreased oxygen and blood flow to a baby’s brain before, during, or immediately after childbirth. This condition can lead to significant neurological impairments, affecting a child’s development and quality of life.
If you suspect your child’s HIE was caused by a medical mistake, it’s crucial to seek legal guidance.
Experienced Louisiana birth injury attorney Laura Brown is dedicated to helping families navigate these challenging situations. With her expertise in hypoxic-ischemic encephalopathy and birth injury law, Laura can help you explore your legal options to seek the justice and compensation your child deserves.
Learn more by scheduling a free consultation with Brown Trial Firm to discuss your case.
What is hypoxic-ischemic encephalopathy (HIE)?
Hypoxic-ischemic encephalopathy (HIE) is a condition that occurs when a baby’s brain gets insufficient oxygen and blood flow around the time of birth, often due to complications that arise during childbirth.
While children with mild cases may have few symptoms with no long-term consequences, in more severe cases, children can be left with hearing, vision, and cognitive issues, as well as permanent disabilities like cerebral palsy and epilepsy.
Conditions related to HIE
Learn about common conditions that often occur alongside or are closely related to HIE.
What causes hypoxic-ischemic encephalopathy?
HIE is caused by a combination of hypoxia (insufficient oxygen) and ischemia (restricted blood flow) in the baby’s brain around the time of birth. Several factors can contribute to this condition, including:
- Umbilical cord problems. Issues like umbilical cord prolapse (where the cord drops through the open cervix ahead of the baby) or nuchal cord (where the cord is wrapped around the baby’s neck) can limit blood flow and oxygen to the baby.
- Placental problems. Problems with the placenta, such as placental abruption (where the placenta detaches from the uterus too early) or placenta previa (where the placenta covers the cervix), can disrupt the baby’s oxygen supply.
- Hemorrhage. If the mother or child suffers from significant bleeding, the baby can develop HIE.
- Problems during labor or delivery. Prolonged labor, difficult deliveries, or the use of instruments like forceps or vacuum extractors can lead to reduced oxygen supply to the baby’s brain.
- Problems post-delivery. Babies can also develop HIE from problems after delivery, such as meconium aspiration.
- Uterine rupture. A ruptured uterus due to trauma caused by a mistake during a cesarean section (C-section) or vaginal delivery can lead to newborn HIE.
- Neonatal complications. Conditions such as severe neonatal infections, respiratory distress, or heart defects can also lead to reduced oxygen and blood flow to the brain.
- Maternal health conditions. Conditions such as preeclampsia (high blood pressure during pregnancy), severe maternal infections, chronic illnesses, or alcohol and illicit drug use in the mother can contribute to HIE.
- Premature birth. Premature babies are at a higher risk of HIE due to their underdeveloped organs and the higher likelihood of complications during birth.
Regardless of the cause, immediate medical treatment is crucial for infants with HIE to minimize long-term brain damage and improve outcomes.
A guide to baby brain damage
Understand what causes brain damage in infants and when it might be the result of medical negligence.
What are the symptoms of a baby with HIE?
Depending on the stage of HIE, babies can have various signs and symptoms, including:
- Mild HIE. Milder forms of HIE can resolve after a few weeks. You may notice symptoms such as feeding problems, abnormally stiff or floppy muscles, irritability, and a weak cry.
- Moderate HIE. With moderate HIE, a baby may exhibit weak muscle tone, lack of reflexes or floppiness, seizures, difficulty grasping, poor sucking, and breathing difficulties.
- Severe HIE. Severe HIE is a medical emergency that requires immediate treatment. Symptoms include seizures that are unresponsive to treatment, extreme muscle weakness and flopping, abnormal eye movements, little or no response to stimuli, slow or irregular heart rate, and breathing problems.
Proper treatment and monitoring may be able to prevent a baby’s HIE from progressing beyond the mild stage of the condition when caught early.
What is the diagnostic test for HIE?
Hypoxic-ischemic encephalopathy is diagnosed through a combination of clinical evaluation and diagnostic tests. Doctors initially assess the infant’s Apgar score, which evaluates heart rate, respiration, muscle tone, reflexes, and color at 1 and 5 minutes after birth. Low scores indicate potential HIE.
Further diagnostic tools include blood gas analysis to measure oxygen and carbon dioxide levels, neuroimaging techniques, such as an MRI or ultrasound of the head, to detect brain injuries, and an electroencephalography (EEG) to monitor brain activity for signs of seizures or other abnormalities.
What is the treatment for hypoxic-ischemic encephalopathy?
The primary and most effective treatment for hypoxic-ischemic encephalopathy is therapeutic hypothermia, also known as brain cooling. This treatment involves lowering the baby’s body temperature to reduce brain metabolism and inflammation to minimize further brain damage.
Crucially, therapeutic hypothermia must be initiated within the first 6 hours after birth to maximize its benefits. Delaying treatment significantly reduces its effectiveness in preventing long-term neurological damage.
In addition to cooling therapy, other supportive treatments for HIE may include:
- Respiratory support. Providing oxygen or using a ventilator to help the baby breathe if necessary.
- Medications. Administering medications to control seizures, regulate blood pressure, and manage other complications.
- Developmental therapies. Early intervention with physical, occupational, and speech therapy can help mitigate the long-term effects of HIE.
While therapeutic hypothermia offers the best chance of reducing brain damage caused by HIE, it’s essential to note that it’s not a cure. Some babies may still experience long-term developmental delays or disabilities despite treatment, but early intervention and ongoing support are crucial for optimizing outcomes for children with HIE.
Life care planning for your baby
Learn about life planning for your baby after a birth injury to ensure they have the support they need to thrive.
Is HIE the doctor’s fault?
It could be. Whether HIE is a doctor’s fault depends on the specific circumstances of the case and whether their actions (or inactions) fell below the accepted standard of care. Doctors have a legal duty of care to their patients, which means they must provide medical treatment that meets the accepted standards of the medical profession.
If an OB-GYN fails to uphold this duty of care and their negligence causes or contributes to the baby developing HIE, they could be held liable for medical malpractice.
Actions that might be considered medical negligence could include:
- Failing to properly monitor the baby’s heart rate during labor
- Failing to recognize signs of fetal distress
- Delaying necessary interventions like a C-section
- Mismanaging the use of labor-inducing drugs, such as Pitocin
- Improperly using delivery tools, such as forceps or vacuum extractors
- Failing to diagnose and treat maternal infections that could affect the baby
- Not adequately addressing umbilical cord complications, such as cord prolapse or nuchal cord
- Providing insufficient oxygen or failing to resuscitate the baby promptly after birth
However, not all cases of HIE are caused by OB-GYN negligence. Sometimes, HIE can occur due to factors beyond the doctor’s control that could not be anticipated.
How can a Louisiana HIE attorney help with my child’s claim?
It’s important to consult with an experienced birth injury attorney who specializes in HIE cases if you suspect your child’s HIE was caused by medical negligence. Birth injury law is complicated, and doctors typically have strong legal representation and the backing of their medical team.
A birth injury attorney can help level the playing field by thoroughly investigating your case, gathering essential medical records, consulting with medical experts, and navigating the legal complexities to build a strong case on your behalf.
They can also work to negotiate a fair settlement with the insurance company and represent you in court if the case goes to trial.
Get help from an experienced Louisiana birth injury attorney
If you need an experienced Louisiana birth injury attorney, look no further than Brown Trial Firm. Attorney Laura Brown has dedicated her practice exclusively to birth injury cases, providing Louisiana families with the legal representation and compassion they deserve.
Laura understands the emotional and financial toll birth injuries like HIE can take, which is why she offers free consultations to discuss your case and explore your legal options in a caring, risk-free environment.
Contact Brown Trial Firm today to take the first step toward securing the support and compensation your child needs to live their life to the fullest.