Hypoxic ischemic encephalopathy is a bit of a mouthful, but it’s an extremely serious condition for newborns. It happens around 1.5-2.5 times for every thousand births in America, and is often fatal. The survivors can face a lifetime of challenges.
Sometimes, this condition is caused by medical negligence. If so, you could be entitled to compensation, but you’ll need the help of an HIE lawyer in Massachusetts to fight on your behalf. We have birth injury lawyers who can help you and your child.
For a free legal consultation, call 1-800-222-9529
The Consequences of HIE
HIE is caused by a lack of blood and oxygen to a newborn brain either before, during, or just after birth. This is a critical time when the brain is at its most vulnerable state. Without sufficient blood and oxygen, brain cells start to die and leave behind toxins that can cause cascading brain damage.
Some of the possible long-term effects of HIE include:
- Cerebral palsy
- Seizure disorders
- Blindness and deafness
- Problems with cognition and mental development
- Problems with speaking
- Problems with motor development
- Behavioral problems
The exact consequences depend on which parts of the brain were affected and how long your baby was without oxygen and/or blood to the brain. It is also possible for children to die from severe HIE. Sadly, many cases of hypoxic ischemic encephalopathy could be helped if doctors paid more attention.
Massachusetts Hypoxic Ischemic Encephalopathy Lawyer Near Me 1-800-222-9529
Catching HIE in Time
Not all cases of HIE are caused by negligence, but there are steps your doctor can take to minimize the risks, like fetal monitoring and swift action if there is distress in the mother or infant.
If they detect the start of HIE, there are treatments your doctor can give your baby, like therapeutic hypothermia, to minimize the damage until your baby can breathe properly. If these treatments were available and weren’t used, that could also be grounds for negligence.
Our HIE attorneys in Massachusetts can examine what happened and work with medical experts to see if your doctor could have prevented your child’s HIE or minimized the effects. If we can prove medical negligence or malpractice, you could get compensation.
What Could I Get Compensation for in My Child’s Case?
We all know how expensive medical costs can be even for a healthy child, but the costs of caring for an infant with HIE can easily exceed even the most well-to-do parents. Families that experienced harm at the hands of their medical professional shouldn’t carry these costs.
You can receive compensation for all the costs related to the HIE event and your child’s ongoing care through a lawsuit. Medical bills, specialist visits, travel, and much more could become part of your compensation package.
A malpractice insurer may try to approach you with a settlement, but it’s almost always too low to meet the true amount of your child’s needs. Instead, call an HIE lawyer and have them calculate the full value of your case.
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Do I Have to Worry About Damage Caps?
Each state has different laws on the maximum amount you can get for birth injury cases. In Massachusetts, there are practically no limits for children affected by hypoxic ischemic encephalopathy.
Massachusetts does not have a cap for economic damages, including past and ongoing medical expenses, for your child. There is a cap for non-economic damages like pain and suffering. However, it does not apply if the injuries cause substantial or permanent loss or impairment of a bodily function.
The odds are high that your child will meet this stipulation and have no limit to economic damages. However, if it is deemed otherwise, the cap for non-economic damages in medical malpractice cases is $500,000.
Get Compensation for Your Child’s Injury
Getting compensation for your child’s HIE may be the only way they can get care for their injuries. With one of our attorneys on your side, you can see if you have a case. All it takes is one consultation with our Massachusetts hypoxic ischemic encephalopathy lawyers. To get started, call us at the number on your screen or contact us online.