“Hypoxic-ischemic encephalopathy” can be complicated to read. It’s far worse to deal with after a mishandled delivery. The condition can lead to serious consequences and may require lifelong treatment for your child. A hypoxic-ischemic encephalopathy lawyer in Minnesota can help you recover compensation for damages a negligent doctor caused.
Read more about hypoxic-ischemic encephalopathy and what cases are eligible for compensation. To learn more about your situation and how a birth injury lawyer in Minnesota can help, you can get a free initial consultation with a legal expert today.
What Is Hypoxic-Ischemic Encephalopathy?
Hypoxic-ischemic encephalopathy, commonly known as HIE, is a type of brain damage that can occur due to birth injury, oxygen deprivation, or complications during birthing. If a child’s blood flow is restricted before or during delivery, it can cut oxygen flow to the brain and cause birth asphyxia.
HIE isn’t only caused by one certain mistake or accident during childbirth. There can be many things that cause the condition. Some of them are unrelated to medical malpractice. Common causes of hypoxic-ischemic encephalopathy include:
- Preexisting conditions that lead to a high-risk pregnancy, such as diabetes or preeclampsia
- Fetal distress
- Issues with the umbilical cord, placenta, or uterus before or during delivery
- Cardiac issues
- Infections in the mother during childbirth
- Premature birth
- Prolonged labor
- Delayed C-section
- Post-birth complications
A doctor could have avoided the conditions leading to HIE risk and prevented your child’s HIE in certain cases. If your caregiver was negligent in your baby’s care, talk to our HIE attorneys in Minnesota because you may be eligible for compensation.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Medical Malpractice and Hypoxic-Ischemic Encephalopathy
Not every birth injury or case of HIE is grounds for a lawsuit. However, there are certainly many situations that make birth injury victims eligible to pursue compensation. To win compensation for HIE, we must prove your baby was affected by medical malpractice.
There are usually four elements of a medical malpractice claim:
- Duty of care. Medical professionals must follow a standard of care. But many healthcare providers, caregivers, and hospitals can act negligently.
- Breach of duty. The caregiver must have breached their duty of care. That could have been done intentionally or, most times, negligently.
- Causation. The responsible party’s negligence must have directly or indirectly caused your child’s birth injury and HIE.
- Damages. There must be economic or non-economic damages that stem from your child’s birth injury.
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How Does Negligence Show up in These Cases?
Negligence in hypoxic-ischemic encephalopathy cases can look like many things. In certain situations, it could be your doctor doing something wrong. Perhaps they misused a medical instrument or induced childbirth too early.
However, in other cases, negligence can be a failure to do something. If a professional can be reasonably expected to take certain measures to prevent HIE, such as calling for a c-section, monitoring fetal heart rate, or screening for infection, and failing to do so, the hospital could be liable.
When you hire a Minnesota hypoxic-ischemic encephalopathy lawyer, they will investigate your case and gather solid evidence of medical negligence. That will allow them to hold the caregiver and the hospital that hired them accountable.
"We know first-hand what you are going through."
Is Hypoxic-Ischemic Encephalopathy a Disability?
Hypoxic-ischemic encephalopathy itself is not a disability. However, HIE can lead to disabilities. A lack of oxygen to the brain can cause brain damage, which can cause cerebral palsy, learning disabilities, or developmental disabilities. Other organs can also get damaged.
There is a chance that your child’s hypoxic-ischemic encephalopathy could have long-lasting effects. Certain conditions can be present for the rest of your child’s life, like cerebral palsy or sense organ damage.
If that is the case, you could collect compensation that covers the immediate treatment your child received and ongoing treatment and therapy. Most parents are unprepared for how much treating HIE costs. That’s why you must see if compensation is possible through our HIE attorneys in Minnesota.
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Treatments for Hypoxic-Ischemic Encephalopathy
Hypoxic-ischemic encephalopathy is treatable, but it rarely goes away altogether. A small percentage of children who experience HIE at birth make a full recovery and suffer few symptoms. However, if a child receives treatment for the condition, their symptoms can be partially eased, no matter how bad it is.
For babies that survive, doctors stop the immediate cause of HIE. That’s just the start of treatment though. After HIE is cured, we must address the consequences of HIE such as cerebral palsy and developmental delays. Treatments for these include:
- Physical therapy
- Occupational therapy
- Speech and language therapy
- Stem cell therapy
There is one current treatment for hypoxic-ischemic encephalopathy itself. It is called “therapeutic hypothermia,” also known as brain cooling. That must be done within six hours of the initial brain damage and involves cooling the child’s head or body for up to three days. A doctor who fails to do this could be guilty of malpractice.
Treating HIE is expensive. Hiring a hypoxic-ischemic encephalopathy attorney in Minnesota who calculates all your damages, including future treatment, is important to get you everything you’re owed.
Ways Our Birth Injury Lawyers Can Help With Your HIE Case
Medical malpractice cases can be complicated because there are many parts involved. A nurse, doctor, hospital, and medical equipment provider can be liable. Collecting evidence of medical malpractice and building a solid case to present to insurance companies or in court is necessary to pursue compensatory damages.
However, in our years of practice, we have noticed how complicated dealing with the entangled legal system is, particularly after the emotional shock of getting your kid diagnosed with a lifetime condition caused by someone else’s negligence. Your attorney can care for every legal aspect so that you can focus on your kid and your family.
Compensation in Minnesota HIE Cases
Under Minnesota law, victims of HIE cases may seek compensation to cover all the costs of medical treatment, rehabilitation, and any other expenses the kid may have in their life because of a birth injury.
If your kid was diagnosed with HIE, you may be entitled to recover the lifetime costs of:
- Drug therapy
- Home modifications to accommodate their needs
- Medical and adaptive equipment
- Special education
- Occupational therapy
- Assistive technology
- Emotional distress
Every case is different, and the best way to know which damages you can recover is by talking to an experienced birth injury attorney.
How Will I Afford Your Services?
Medical malpractice lawyers only get paid if they help you win your case. If you lose, you will owe your lawyer nothing. This is one reason we have consultations. They help us assess the strength of your case before we decide to take it.
If you win, our lawyers charge a percentage of the final award or settlement as our payment. We can only get paid through it. Your personal accounts will not be charged. The percentage we charge depends on the difficulty of your case, and we will discuss our fee rates with you during your consultation.
This arrangement lets any family get help from an experienced lawyer no matter how much money they have or how much they earn. All babies deserve a shot at justice if they’ve been victimized by malpractice, not just babies born to families with means.
How Soon Should I File My Claim?
Once your child has been diagnosed with HIE, take them to another doctor for a full examination. Then contact the Birth Injury Lawyers Group to get connected with an experienced HIE attorney in Minnesota.
The sooner you act, the easier it is for us to build a case. Long delays make it harder to get evidence. Also, working with an attorney as soon as possible means you’ll get compensation as soon as possible, should you win.
Parents of newborns harmed by malpractice have until their child’s 11th birthday to start their cases before the statute of limitations runs out. The clock starts at their 7th birthday and runs four more years. If you run out of time, you cannot claim compensation!
Talk to an HIE Attorney in Minnesota Today
When your child suffers any injury during childbirth, it can damage their quality of life and be expensive to treat. That is especially true for brain injuries. The Minnesota hypoxic-ischemic encephalopathy lawyers from Birth Injury Law Group can help you recover payment for the damages you and your family have experienced.
Contact our Minnesota offices today and find answers to all your legal questions in a free initial consultation. We can take care of the legal aspect of your case, while you spend time with your family.
"We are committed to helping families who have suffered medical negligence."