Birth Injury Claims for Hypoxic-Ischemic Encephalopathy Resulting in Cerebral Palsy

 Posted on October 12, 2022 in Cerebral Palsy

When a baby is born, the timing is crucial. Infants must transition from receiving oxygen and nutrients through the umbilical cord to breathing on their own and receiving oxygen through their lungs. If this transition is not smooth, it can result in a lack of oxygen to the brain, which is called hypoxic-ischemic encephalopathy, or HIE. When HIE occurs, it can cause serious injury to the brain. In some cases, HIE can result in a lifelong condition called cerebral palsy.

If your child has been diagnosed with cerebral palsy after suffering from HIE at birth, you may be able to file a birth injury claim against the doctor or hospital responsible for your child's care. An experienced birth injury attorney can help you understand your legal options and take the next steps.

What is Hypoxic-Ischemic Encephalopathy?

Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury that occurs when an infant's brain doesn't receive enough oxygen. HIE may be caused by  a number of factors, including:

• Problems with the placenta or umbilical cord
• Infection
• Fetal distress
• Maternal health conditions
• Complications during labor and delivery

If not quickly treated, HIE can cause serious and permanent damage to the brain. Sadly, some cases of HIE are preventable and the baby's brain damage is caused by a doctor, nurse, or another medical professional's negligence. 

The medical standard of care is used to determine whether a medical professional or medical facility is liable for a patient's injury or death.  In order to meet the medical standard of care, a healthcare provider must provide care that is consistent with what other reasonably prudent providers would have done in a similar situation. If it is determined that a healthcare provider did not meet the medical standard of care and this deviation from the standard resulted in an infant's HIE, the provider may be held liable for medical malpractice. 

Compensation for HIE Resulting in Cerebral Palsy 

Cerebral palsy affects a child's ability to move and maintain balance. It is a lifelong condition that has no cure. Some children with cerebral palsy have mild symptoms while others suffer from severe impairments that require constant care. Many children with cerebral palsy also suffer from cognitive impairments and a range of other health problems. 

The cost of caring for a child with cerebral palsy can be astronomical, and many families find themselves struggling to make ends meet. In addition to the cost of medical care, parents may need to make modifications to their homes to make them accessible and purchase specialized equipment for their children. Some children with cerebral palsy require around-the-clock care, which can place a financial and emotional strain on families. 

If your child has been diagnosed with cerebral palsy as a result of HIE, you may be able to recover compensation to help cover the cost of your child's care. 

Contact a Chicago Birth Injury Lawyer

The Cook County medical malpractice lawyers at Birth Injury Law Alliance, Ltd. provide legal advocacy and representation for families touched by cerebral palsy. Our team can help you explore your legal options for recovering financial compensation and holding the at-fault parties accountable. 

Source:

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2849741/