Hypoxic Ischemic Encephalopathy Attorney 

Hypoxic ischemic encephalopathy (HIE) is a severe birth injury that can have lifelong effects on the affected child and their family. It is unfortunately quite common, with statistics revealing that HIE affects between 3 and 20 infants per 1000 live births. 

In the preterm infant, HIE occurs in up to 60% of live births, underscoring the importance of understanding its causes, consequences, and the legal options available to families impacted by this condition. [1]

Can You Sue for Hypoxic Ischemic Encephalopathy (HIE)?

Yes, families affected by hypoxic-ischemic encephalopathy may have the legal right to sue for medical malpractice if it is believed that negligent medical care before, during, or immediately after birth contributed to the medical condition. 

Proving Medical Malpractice for an HIE Birth Injury Claim

When pursuing a medical malpractice lawsuit for birth injuries, a Chicago HIE attorney helps you with proving four crucial aspects:  

1. Duty of care: It must be established that the healthcare provider owed a duty of care to the mother and the baby. This is typically inherent in the doctor-patient relationship.
2. Breach of duty: Evidence must be provided that the medical team failed to adhere to the medical standards of care during the pregnancy, labor, delivery process, or postnatal care stages, thus breaching their duty.
3. Causation: The claimant must demonstrate that the breach of duty by the healthcare provider directly caused the HIE, meaning that the birth injuries would not have occurred if the provider had adhered to the standard of care.
4. Damages: It must be shown that the HIE has resulted in specific damages, such as physical harm to the baby, emotional distress, medical expenses, and the need for ongoing care or therapy.

Each of these elements requires a comprehensive collection of evidence, testimony from medical experts, and a detailed understanding of medical and legal standards to build a strong case with the help of a Chicago medical malpractice attorney. 

Establishing Liability for HIE Birth Injury Cases

Liability in HIE cases is complex and can extend to various parties depending on the circumstances around the birth and the care provided.

Below are some potentially liable parties:

Healthcare Providers

This category includes obstetricians, midwives, nurses, and other medical staff directly involved in the childbirth process. For example, if an obstetrician fails to monitor the baby’s oxygen levels during labor and delivery, leading to the child’s HIE, they could be held liable.

Hospitals and Medical Institutions

The hospital or birthing center where the childbirth took place can also be held responsible, especially if the injury resulted from institutional policies, lack of proper equipment, or inadequate training of medical professionals. 

An example could be a hospital’s failure to have necessary life-saving equipment readily available.

Pharmaceutical Companies

In some cases, pharmaceutical companies might be liable if a medication prescribed to the mother during pregnancy or labor is proven to have contributed to the child’s injury and proper warnings of the risk factors were not provided.

Manufacturers of Medical Devices

If HIE was caused by a faulty medical device used during childbirth, such as a defective fetal monitor that failed to alert healthcare providers to distress, the manufacturer of that device could be held liable.

Damages You Can Recover in an HIE Medical Malpractice Lawsuit

Victims of infant HIE due to medical malpractice can typically recover a range of damages, both economic and non-economic, including:

• Medical expenses: Compensation can cover current and future medical treatment related to HIE.
• Lost wages and loss of earning capacity: If HIE impacts the ability to work or leads to long-term disability, damages may include compensation for lost wages and the future inability to earn at the same capacity.
• Pain and suffering: This covers the physical pain and emotional distress experienced by the child and the family due to the injury. This is more subjective and varies significantly from case to case.
• Lifecare expenses: With severe cases of HIE, children may require lifelong care. These damages cover the cost of caregiving, special education, and modifications to living spaces.
• Wrongful death damages: In devastating instances where the child doesn’t survive HIE, our Chicago wrongful death attorneys can help families recover damages, such as funeral and burial expenses, loss of love and companionship, and the emotional anguish suffered by the family.

Why You Need a HIE Birth Injury Lawyer

Navigating the aftermath of a birth injury like HIE can be overwhelmingly complex, both emotionally and legally. Having a seasoned HIE birth injury lawyer by your side is indispensable. 

The attorneys at Rosenfeld Injury Lawyers combine deep legal expertise with a compassionate understanding of the challenges your family faces. 

Here’s how our Chicago birth injury lawyers can help you:

Evidence Collection

A meticulous collection of medical records, witness statements, and expert testimonies is crucial. We have the resources and experience to gather comprehensive evidence that substantiates your claim, ensuring no detail is overlooked.

Consulting Experts

Our network includes medical providers and birth injury experts who can provide authoritative insights into how negligence occurred and the impact of the injury. Their expertise is vital in building a compelling case on your behalf.

Calculating Compensation

Understanding the full extent of damages is essential to securing adequate compensation. We take into account every aspect of your and your child’s life affected by the injury to ensure the settlement reflects the true cost of the injury.

Negotiating With Insurance Companies

Insurance companies are known for minimizing payouts. Our attorneys are skilled negotiators who advocate fiercely for your interests, ensuring insurers meet their obligations to provide appropriate financial resources for your loss and suffering.

Trial Representation

While many cases settle out of court, we are prepared to fight your case at trial if necessary. Our courtroom experience and strategic litigation skills mean we’re ready to fight for your rights and seek justice for your family in front of a judge or jury.

There’s Limited Time to File a Legal Claim for Hypoxic Ischemic Encephalopathy (HIE)

In Chicago, the timeline for filing a claim, including those for HIE, varies based on several factors. Generally, the statute of limitations is two years from the date the injury was discovered, but no more than eight years after the injury occurred when the claimant is a minor. This means that taking prompt legal action is crucial to safeguard your right to compensation.

Some exceptions can extend or shorten the deadline, making it imperative to consult with experienced legal professionals who understand the nuances of Illinois’ statutes of limitations. 

Contact Our Chicago HIE Attorneys Today!

At Rosenfeld Injury Lawyers, we understand the complexities of HIE cases and are deeply committed to achieving the justice and compensation you deserve. Our services are offered on a contingency fee basis, meaning you won’t pay unless we win your case. 

If you’ve experienced birth injuries as a result of medical negligence, don’t delay in securing the legal representation you deserve. Contact an experienced HIE lawyer from our law firm today to ensure your family’s rights are protected. 

To schedule a free case evaluation with our birth injury lawyers, call us at (888) 424-5757 or reach out online.

Specific Cases We Handle

• Low Apgar Score
• Marginal Cord Insertion
• Meconium Aspiration Syndrome Lawyer
• Neonatal Stroke
• Neonatal Meningitis Lawyer

We also serve clients from Buffalo Grove, Elgin, Schaumburg, Springfield  and throughout Illinois.

Resources: [1] UFHealth