If you’re reading this, you’ve probably been told by a doctor that your baby has suffered a kind of brain damage called hypoxic-ischemic encephalopathy (HIE). This is an extremely serious condition, and it’s one that our Dallas birth injury lawyers take extremely seriously, too.
Some cases of HIE are preventable, and we can help you hold your medical team accountable through a malpractice lawsuit. Find out if your case qualifies by contacting a hypoxic-ischemic encephalopathy lawyer in Dallas. Your child needs medical care after HIE and we can help you pay for it.
What Is Hypoxic-Ischemic Encephalopathy?
Let’s break down this complicated term. Encephalopathy is the medical term for brain damage. Hypoxic and Ischemic explain two ways it can happen. If a baby’s brain doesn’t get enough oxygen or blood, then they are hypoxic or ischemic, respectively.
So, hypoxic-ischemic encephalopathy means brain damage caused by not getting enough oxygen or blood. There are many ways this can happen during birth. The moments when a baby switches to getting these from the mother to breathing on their own are critical, and doctors should know the warning signs.
If these signs are missed and your baby suffers HIE unnecessarily, you and your baby can hold your doctor and your hospital accountable. We help families of babies of HIE get answers about what happened and pursue malpractice claims if a doctor caused a baby this terrible condition.
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Consequences of HIE
Hypoxic-ischemic encephalopathy can create unpredictable effects. The symptoms your child will suffer depend on which parts of the brain get damaged and how bad the damage was. Some symptoms may not show until your baby demonstrates developmental or behavioral problems.
Common consequences of HIE include conditions like:
- Cerebral palsy
- Intellectual disabilities
- Epilepsy
- Organ problems, including heart, lung, and liver damage
- Developmental delays
Death is also a possibility, or a shortened lifespan. These consequences of HIE are extremely serious. Caring for a child with HIE is also expensive. You owe it to your family to find out if malpractice may have caused your child’s HIE, and we can help you do that.
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Symptoms of HIE in Progress
There are signs that can show doctors that HIE is happening in your baby in the delivery room. If these signs are missed then you may have a case for negligence. These symptoms include:
- Acidosis
- Breathing and heart rate problems
- Low muscle tone and reflexes
- Blue or pale skin
- Seizures
- Stained meconium
Our medical experts will examine your situation and see whether these signs were missed and if they could have prevented HIE. For example, HIE can happen if a doctor missed that your child’s umbilical cord was pinched during birth.
Doctors may also make mistakes in caring for a child even after HIE. There is a period up to 48 hours after HIE ends where additional damage can happen. This is because toxins created in the brain from cell death can travel to other parts of the brain once blood flow and oxygen return. This is called a reperfusion injury.
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Proving Negligence in an HIE Case
To prove negligence in an HIE case, we have to prove three things:
- Was there a medical relationship between your baby and the defendant (who you’re suing)?
- Did they do something that broke the standards of care and put your baby at risk of hypoxic-ischemic encephalopathy?
- Did that breach cause HIE in your baby?
If all three things are present, then the defendant is responsible for the damages your baby has suffered. Proving these damages and how much your case is worth is the next step. You could receive compensation for things like:
- All medical care related to your baby’s HIE, including future medical expenses
- Medications, medical gear, transportation, and similar medical costs
- Lost wages from taking time off to care for your baby
- Non-economic damages like your baby’s pain and suffering and loss of enjoyment of life
This is just some damages you could receive for your baby’s HIE case. Find out how much your case is really worth by speaking with the Birth Injury Lawyers Group. We’ll connect you to a Dallas hypoxic-ischemic encephalopathy attorney who can help you.
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Does Texas Limit Malpractice Award Amounts?
Texas has a cap for non-economic damages even for malpractice cases involving minors. The maximum amount you can get for your child’s pain and suffering is $500,000. Half of that will come from the person who harmed your baby and the other half from their employer.
However, there is no limit to how much you can claim for economic damages, and these may be substantial. Settlements for children with HIE can easily reach six or seven figures. This is not surprising considering that your child may need care for the rest of their life.
Why Can’t I Sue My Doctor on My Own?
A car accident victim can make a claim against another driver’s insurance without using a lawyer, so can you do the same with your doctor? It’s not that simple. Texas requires special documentation from medical experts and advance notification for defendants before you can file a malpractice case.
Also, if you do not have an experienced HIE attorney in Dallas on your side, the odds of winning are incredibly low. Doctors have many legal protections because their profession doesn’t deliver guaranteed results. A doctor can do all they can according to known medicine and still leave a child with HIE.
The challenge of malpractice cases is proving that your doctor didn’t do all they could. Most laypeople, and even other medical professionals, cannot prove this on their own. You have enough to worry about with caring for your child. Let our attorneys handle fighting your doctor’s malpractice insurer.
Call the Birth Injury Lawyers Group to Hire a Dallas HIE Attorney
If your child was diagnosed with hypoxic-ischemic encephalopathy, let us extend our help to you. Contact the Birth Injury Lawyers Group and speak with an experienced Dallas HIE attorney today to learn your legal options.
All consultations with our lawyers are free and without legal obligation. Also, you will owe us nothing for our services unless you win your case. There is no risk to learn your legal options, so call or email us immediately. Your child’s future may depend on it.
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