The arrival of a child should be a time of immense joy and excitement. But for families facing a diagnosis of hypoxic-ischemic encephalopathy (HIE) or cerebral palsy (CP), this joy can be overshadowed by worry and uncertainty. These conditions can significantly impact a child’s development and future, leaving parents with questions about what happened and how they can move forward and support their child.
At Brown Trial Firm, we understand the profound challenges families in Michigan face after a child receives a HIE or CP diagnosis. We know you’re likely grappling with a rollercoaster of emotions, from fear and frustration to a fierce determination to help your child thrive. But you don’t have to navigate this journey alone.
This page will provide you with a clear understanding of HIE and CP, including their symptoms and causes. We’ll also explore situations where these conditions might be the result of medical negligence.
Experienced Michigan birth injury attorney Laura Brown can help you determine if there are liable parties and fight to secure the compensation your child needs for their current and future medical care, therapy, and support.
Together, we can turn this difficult moment into an opportunity for hope and healing.
Learn more by scheduling a free consultation to discuss your child’s case.
Is HIE the same as CP?
No, HIE (hypoxic-ischemic encephalopathy) and CP (cerebral palsy) are not the same, but they’re often related. Below are some key characteristics of each:
HIE
This is a brain injury that occurs when a baby’s brain is deprived of oxygen and blood flow for a period of time. This can happen before, during, or shortly after birth. Symptoms of HIE can vary depending on the severity of the brain damage but may include seizures, lethargy, difficulty feeding, labored or abnormal breathing, and low muscle tone.
CP
This is a group of permanent movement disorders that affect a child’s development. It results from damage to the developing brain that occurs before birth, during birth, or shortly after. Symptoms of cerebral palsy can vary depending on the severity and location of the brain damage, but may include muscle stiffness or weakness, difficulty with coordination, speech and language impairments, vision or hearing problems, and learning disabilities.
Basically, HIE occurs when oxygen deprivation injures the brain. CP is a condition (movement disorder) that can result from brain damage, including damage caused by HIE.
Is cerebral palsy caused by HIE?
It can be.
Here’s the connection: HIE can damage brain cells, and if this damage occurs in areas responsible for movement and coordination, it can lead to CP.
However, not all cases of CP are caused by HIE. There are other factors that can contribute to CP, such as infections during pregnancy, premature birth, and trauma during birth, to name a few.
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Is cerebral palsy malpractice?
Conditions like cerebral palsy (CP) and HIE are not always the result of medical malpractice, as they can also result from factors like genetic conditions or unavoidable complications outside of a medical professional’s control.
However, there are a number of scenarios in which CP and HIE can be directly linked to medical mistakes and negligence. Below are some common examples.
Failure to monitor fetal distress
During labor, health care providers must closely monitor the baby’s heart rate and other vital signs. Failure to detect and respond to signs of fetal distress can lead to prolonged oxygen deprivation, resulting in brain damage and CP.
Example: If the baby’s heart rate indicates distress and the medical team does not take immediate action, such as performing an emergency cesarean section (C-section), the baby may suffer from HIE, which can lead to CP.
Mismanagement of birth complications
Complications such as umbilical cord prolapse, placental abruption, or uterine rupture require immediate and skilled medical intervention to prevent permanent injury or fetal death.
Example: If the medical team fails to promptly address a prolapsed umbilical cord (a condition where the umbilical cord slips ahead of the baby into the birth canal), which cuts off the baby’s oxygen supply, the resulting brain injury can cause CP.
Inadequate resuscitation efforts
Newborns who struggle to breathe immediately after birth because of a premature delivery or other factors require prompt and effective resuscitation.
Example: If medical staff fail to provide adequate oxygen or perform resuscitation procedures incorrectly, the baby may suffer brain damage, resulting in CP.
Improper use of delivery instruments
The use of forceps or vacuum extractors during delivery requires skill and precision, and improper use by a rushed or inexperienced OB-GYN can cause physical trauma and brain injury.
Example: Incorrect application of forceps can cause skull fractures or intracranial hemorrhage, leading to CP.
Delayed delivery
Prolonged labor or a delayed decision to perform a necessary C-section can result in insufficient oxygen supply to the baby.
Example: If a baby in the breech position is stuck in the birth canal for an extended period without proper intervention, the resulting lack of oxygen can cause brain damage, leading to CP.
Failure to treat maternal infections
Certain infections during pregnancy can increase the risk of CP if they’re not properly managed.
Example: If a maternal infection such as chorioamnionitis goes untreated, it can lead to preterm birth or brain infections in the baby, causing CP.
Failure to identify issues during prenatal care
Regular prenatal care should include monitoring for conditions in both the mother and baby that could affect the baby’s development to ensure timely intervention when issues are identified.
Example: If a health care provider fails to detect and manage conditions like gestational diabetes, placental insufficiency, or cervical incompetence it can lead to complications that increase the risk of CP.
Failure to treat jaundice
Severe jaundice (hyperbilirubinemia) in newborns can lead to a condition called kernicterus, causing brain damage.
Example: If a doctor does not quickly identify signs of jaundice in a newborn and the condition is allowed to progress without timely and adequate treatment, the condition could lead to brain damage and CP.
If any of these situations sound familiar and you suspect that medical malpractice may have caused your child’s cerebral palsy or HIE, it’s crucial to consult with an experienced birth injury attorney who can help you understand your rights.
Can I sue for HIE or cerebral palsy?
Yes, you can sue for hypoxic-ischemic encephalopathy (HIE) or cerebral palsy as long as you can prove that medical negligence or malpractice during pregnancy, labor, or delivery caused the condition. To do this, you must be able to demonstrate that the doctor’s care was insufficient and did not meet accepted medical standards.
How do I prove medical malpractice in Michigan?
To prove medical malpractice in a birth injury case in Michigan, you need to establish several key elements. Here’s a brief overview of what you need to demonstrate:
- Doctor-patient relationship. You must show that a doctor-patient relationship existed, meaning the health care provider owed a duty of care to you and your baby. Medical records, appointment logs, and hospital admission records can easily establish this relationship.
- Breach of the standard of care. You need to prove that the health care provider failed to meet the accepted standard of care, meaning they acted or failed to act in a manner that a competent provider would under similar circumstances. Expert testimony from medical professionals who can compare the care you received with the standard care expected in similar situations is necessary for this step.
- Causation. It’s crucial to demonstrate that the health care provider’s breach of the standard of care directly caused the injury, meaning you must be able to link the negligent actions to the harm suffered by your baby. Medical records, diagnostic reports, and expert testimony can help show how the provider’s actions led to HIE or cerebral palsy.
- Damages. You must prove that the injury resulted in specific damages, such as medical expenses, ongoing care costs, pain and suffering, or loss of future earnings. Evidence can include financial records, medical bills, and expert testimony regarding the impact of the injury on your child’s life and future needs.
- Affidavit of merit. In Michigan, you are also required to file an “affidavit of merit” along with your complaint, according to MCL Section 600.2912d. This document is a statement from a qualified medical expert attesting that your claim has merit. An attorney will help you obtain this affidavit from a medical expert who has reviewed your case and agrees that malpractice likely occurred.
By collecting and presenting these elements, you can build a strong case to prove medical malpractice in a birth injury case. A knowledgeable birth injury attorney can provide the guidance and expertise needed to effectively navigate the legal process and pursue the compensation your family deserves.
Get help from an experienced Michigan birth injury attorney
If you believe your child’s hypoxic-ischemic encephalopathy or cerebral palsy was caused by a medical mistake, it’s crucial to seek legal guidance. Attorney Laura Brown is an experienced HIE lawyer in Indianapolis who helps families throughout Indiana, Michigan, and across the U.S. get the justice and compensation they deserve after a birth injury caused by medical negligence.
During an initial consultation, Laura can assess your case, answer your questions, and explain how she can leverage her connections with local medical experts to start building a strong case for your child.
Contact Brown Trial Firm today to find out more about how Laura can help protect your child’s rights and pursue the compensation your family deserves.
References
MCL – Section 600.2912d – Michigan Legislature. (2024). Mi.gov. https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-600-2912d
