The arrival of a newborn should be a joyous occasion filled with dreams for the future. However, when your child is diagnosed with a birth injury like hypoxic-ischemic encephalopathy (HIE) or cerebral palsy (CP), those dreams can be overshadowed by worry and uncertainty.
If your child has been recently diagnosed with one of these conditions, you probably have questions about what caused the injury, how it will impact your child’s life, and what resources are available to your family.
At Brown Trial Firm, experienced Massachusetts birth injury attorney Laura Brown understands the profound challenges faced by families caring for children with HIE and CP. That’s why she’s dedicated her practice to advocating for families like yours.
Using her wealth of knowledge in birth injury law, Laura can guide you through your legal rights, fight tirelessly to secure the compensation your child deserves, and empower you to access the care and support your family needs.
Learn more about how Laura can help with your child’s birth injury claim by scheduling a free consultation.
What is the difference between cerebral palsy and HIE?
Cerebral palsy (CP) and hypoxic-ischemic encephalopathy (HIE) are both serious conditions that can result from complications during pregnancy, labor, and delivery, but they differ in their nature and origins.
What is hypoxic-ischemic encephalopathy?
Hypoxic-ischemic encephalopathy is a type of brain damage that can occur when an infant doesn’t get enough oxygen and blood flow to their brain before, during, or shortly after birth.
Symptoms of HIE can vary depending on the severity of the brain damage. They can include:
- A low Apgar score
- Seizures
- Lethargy
- Difficulty feeding
- Abnormal breathing patterns
- Abnormal muscle tone
Immediate HIE treatments often include therapeutic hypothermia (cooling therapy) to minimize brain damage, along with supportive care. Some babies with HIE go on to make full recoveries when treated early, while others may develop long-term disabilities, including cerebral palsy.
What is cerebral palsy?
Cerebral palsy is a term for a group of neurological disorders that affect movement, muscle tone, and posture. It’s a lifelong condition caused by abnormal brain development or damage to the developing brain, which can occur during pregnancy, labor, delivery, or shortly after birth.
Symptoms of CP can vary depending on the severity and location of the brain damage. They may include:
- Muscle stiffness or weakness
- Difficulty with coordination
- Speech and language impairments
- Vision or hearing problems
- Learning disabilities
While there is no cure for CP, treatments such as physical therapy, occupational therapy, speech therapy, medications, and sometimes surgery can help manage symptoms and improve quality of life.
Does cerebral palsy shorten a person’s life span? Is CP fatal?
Learn about factors that affect the life expectancy and quality of life for people with CP.
Can HIE cause cerebral palsy?
Yes. Essentially, HIE can lead to CP if the brain damage caused by insufficient oxygen and blood flow affects the areas of the brain responsible for motor control and muscle coordination. The same goes for conditions like periventricular leukomalacia (PVL), which is a birth injury that stems from damage to white matter in the brain. If PVL affects the areas of the brain that control motor function, cerebral palsy can result.
Can an injury during pregnancy cause cerebral palsy or HIE?
Yes, an injury during pregnancy can cause both cerebral palsy (CP) and hypoxic-ischemic encephalopathy (HIE). Such injuries can disrupt the normal development of the baby’s brain or lead to conditions that deprive the brain of necessary oxygen and nutrients, resulting in damage.
Examples of birth injuries and conditions that might lead to CP or HIE include the following:
- Maternal infections. Infections such as cytomegalovirus or toxoplasmosis during pregnancy can cross the placenta and affect the fetal brain, potentially leading to inflammation and damage associated with CP or HIE.
- Umbilical cord issues. Problems such as a prolapsed umbilical cord or umbilical cord knots can restrict blood flow and oxygen delivery to the fetus, potentially leading to HIE and resultant CP.
- Preeclampsia. This is a pregnancy complication characterized by high blood pressure that can impair placental blood flow, reducing oxygen supply to the fetus and increasing the risk of HIE and CP.
- Chorioamnionitis. This is a bacterial infection of the fetal membranes (amnion and chorion) that can lead to preterm birth and brain damage in the fetus, increasing the risk of both HIE and CP.
- Premature birth. Trauma and other factors can trigger premature labor, and babies born prematurely are at a higher risk of developing CP due to the brain’s underdeveloped state.
- Placental abruption. This is a condition in which the placenta detaches from the uterine wall before delivery. It can severely limit the oxygen and nutrients reaching the fetus, causing HIE and increasing the risk of developing CP due to brain injury.
- Fetal stroke. This occurs when there is a disruption of blood flow to the fetal brain due to blood clots, malformed blood vessels, or maternal health conditions. A fetal stroke can cause localized brain damage leading to CP and can be associated with episodes of HIE.
- Severe jaundice. Untreated severe jaundice (hyperbilirubinemia) can lead to a condition called kernicterus, which can cause brain damage and result in CP.
- Trauma to the abdomen. Accidents, falls, or physical trauma to the mother can directly injure the fetus and disrupt blood flow, potentially leading to HIE and subsequent brain damage that manifests as CP.
Additionally, inadequate prenatal care and problems during labor and delivery, such as prolonged labor, breech presentation, or the use of forceps or vacuum extraction, can also increase the risk of CP.
Life care planning for your baby
Get advice on life care planning for your baby after a birth injury so you can better prepare for their future needs.
How can I prove that medical negligence caused my child’s HIE or cerebral palsy?
Not every case of cerebral palsy or HIE results from a medical mistake, so it’s essential to have a qualified attorney review the facts of your case to help you determine if medical negligence may have led to your child’s condition.
Proving medical negligence can be complex, as it requires you to establish several key elements:
- Standard of care. A medical expert will be needed to establish the accepted standard of care for your specific situation. This involves reviewing medical guidelines and practices relevant to your pregnancy, labor, and delivery.
- Breach of duty. You’ll also need to show that the health care provider(s) involved deviated from the established standard of care. This could involve missed diagnoses, improper use of instruments during delivery, medication errors, or a failure to respond appropriately to signs of fetal distress.
- Causation. Perhaps the most crucial element is proving a clear link between the medical negligence and your child’s HIE or CP. This typically involves presenting medical evidence that demonstrates how the negligent act directly caused oxygen deprivation or brain damage, leading to the birth injury.
- Damages. You’ll need to show the harm your child has suffered due to the HIE or CP. This can include medical expenses, therapy costs, loss of future earning potential, and the emotional impact on your family.
The process of proving medical negligence can be lengthy and challenging, but an experienced birth injury attorney can guide you through each step and fight for the compensation your child deserves. Remember, you are not alone in this journey. There are resources and legal support available to help you seek justice for your child.
What is the statute of limitations on birth injury in Massachusetts?
In Massachusetts, the statute of limitations for filing a medical malpractice lawsuit, including birth injury cases, is generally 3 years from the date when the injury was discovered or reasonably should have been discovered, but no later than the child’s 9th birthday.
Concerned your child’s HIE or CP was caused by a medical mistake?
Massachusetts families deserve answers and support. If you can’t shake the thought that your child’s cerebral palsy or HIE may be the result of medical negligence, you don’t have to carry this burden alone.
At Brown Trial Firm, we understand the immense challenges families face after a birth injury. That’s why experienced Massachusetts birth injury attorney Laura Brown is dedicated to advocating for families who suspect medical negligence may have caused their child’s HIE or CP. She’ll fight tirelessly to investigate the circumstances surrounding your child’s birth, gather evidence, and hold negligent medical professionals accountable.
Don’t let unanswered questions cloud your child’s future. Contact Brown Trial Firm today for a free consultation.
We’ll listen to your story, answer your questions, and help you understand your legal options. Let us stand by your side as you navigate this difficult journey and fight for the resources your child needs to thrive.
