If your child suffered brain damage from hypoxic-ischemic encephalopathy, it is possible that medical negligence caused this devastating medical condition. Filing a medical malpractice claim may help you compel the liable party to compensate you and your child for damages.
An Aurora hypoxic-ischemic encephalopathy lawyer from the Birth Injury Lawyers Group can help. For a free case evaluation, call the Birth Injury Lawyers Group at
(800) 222-9529. Our lawyers take birth injury cases on a contingency-fee-basis. You do not pay a fee unless our team successfully recovers compensation for you.
Damages You May Be Entitled to if Your Baby Was Diagnosed with HIE
According to a study published in Advances in Neonatal Care, hypoxic-ischemic encephalopathy occurs in one to three of every 1,000 births in the U.S.
When a negligent medical professional or substandard medical care causes this condition, a medical malpractice claim can hold the negligent party accountable. It may also allow the infant’s family to recover financial compensation for damages.
Possible Compensation in Your Case
You may be entitled to the following types of damages:
- Past medical expenses, including hospital bills and neonatal intensive care unit (NICU) costs
- Future medical care and assistance, such as physical therapy, nursing care, and specialized education
- Medical equipment, such as wheelchairs, hearing aids, and technological devices
- Renovations to your home or vehicle needed to accommodate your child’s disability
- Lost earning capacity
- Mental anguish
- Pain and suffering
- Emotional distress
Unlike other states, there are no “caps” or limits on the amount of damages that may be obtained in an Illinois medical malpractice claim.
How a Birth Injury Lawyer Can Help You
An Aurora hypoxic-ischemic encephalopathy lawyer from the Birth Injury Lawyers Group can help you throughout your birth injury case. Our team can thoroughly investigate a birth injury and determine the cause. If medical negligence caused your infant’s birth injury, we can bring a strong case against the liable party or parties.
Should you decide to work with our team, we can:
- Explain your legal rights and options
- Gather evidence
- Work with medical experts, financial experts, and other professionals relevant to your case
- Communicate with the defendant’s legal team and the insurance companies on your behalf
- Calculate the past and future damages resulting from the negligent medical care
- Advocate on your behalf during settlement negotiations
- Avoid unreasonably low settlement offers
- Take your case to trial
An attorney from the Birth Injury Lawyers Group can investigate your case and determine if your infant’s birth injury may have been caused by substandard medical care.
How Negligent Medical Care Can Cause HIE
Not every infant that suffers from hypoxic-ischemic encephalopathy is the victim of negligent medical care. However, there are many cases in which a medical professional’s mistake is the direct cause of an infant’s injury or death, such as:
- Inadequate fetal heart monitoring: Medical staff must closely monitor the infant’s heart rate for signs that the baby may be in distress. Improper monitoring can lead doctors to miss crucial signs of oxygen deprivation.
- Failure to perform a necessary C-section: Hypoxic-ischemic encephalopathy is often caused by prolonged labor. Failure to perform a C-section, delayed C-section, or failure to prevent prolonged labor can lead the baby to be deprived of oxygen.
- Improperly handling a high-risk pregnancy: If a mother has gestational diabetes, preeclampsia, is obese, or has other risk factors, medical staff must monitor the mother and the baby very closely for signs of distress.
- Failure to diagnose infections: Failure to recognize and properly address a maternal or fetal infection can cause hypoxic-ischemic encephalopathy.
- Mishandling umbilical cord problems: Issues with the umbilical cord that are not quickly identified and treated can lead to hypoxic-ischemic encephalopathy. Some complications include umbilical cord prolapse, nuchal cord, a short umbilical cord, and vasa previa.
- Mishandling placental problems: Hypoxic-ischemic encephalopathy can be caused by mismanagement of placenta-related problems, such as placental insufficiency, placental abruption, placenta previa, and uterine rupture.
- Medication Mistakes: Misuse of medications like Cytotec and Pitocin can lead to oxygen deprivation during birth.
The Statute of Limitations
Per 735 ILCS 5/13-212, the statute of limitations for medical malpractice lawsuits in Illinois is four years after the injury or two years after you discovered the injury. It is important to file your case before the statute of limitations passes.
Call the Birth Injury Lawyers Group for a Free Consultation
If your baby suffered from a birth injury, it is possible that the condition was caused by medical negligence. An Aurora hypoxic-ischemic encephalopathy lawyer from the Birth Injury Lawyers Group can investigate your case and help you bring a birth injury claim for damages. Call us today at (800) 222-9529 for a free consultation.