HIE Lawyer

A diagnosis of Hypoxic Ischemic Encephalopathy (HIE) is one of the most terrifying things a parent can hear. You learn that your newborn has suffered a brain injury due to a lack of oxygen and blood flow around the time of birth. Your world instantly fills with fear, uncertainty, and endless questions.

The most critical question is, “Why did this happen?” The devastating reality is that HIE is frequently a preventable birth injury caused by a medical professional’s failure to act appropriately during a crisis. When medical negligence is the cause of your child’s HIE, a specialized HIE lawyer can be the most powerful ally your family has.

At CP Family Help, we focus our practice on complex birth injury cases like HIE. We understand the medicine, the lifelong consequences, and the legal strategies required to hold negligent parties accountable and secure the resources your child needs to thrive.

How Medical Negligence Leads to HIE

Hypoxic Ischemic Encephalopathy is the definition of a brain injury. It is not a genetic defect. It is damage that occurs because of an event. In a hospital setting, these events are often preventable if medical staff adhere to the proper standard of care.

An HIE lawyer investigates to see if the brain injury was caused by errors such as:

• Failure to monitor and respond to clear signs of fetal distress on the heart rate monitor.
• A significant delay in ordering and performing an emergency C-section.
• Mismanagement of umbilical cord complications, such as a prolapsed or compressed cord.
• Failure to recognize and manage problems with the placenta (placental abruption) or uterus (uterine rupture).
• Errors during neonatal resuscitation after the baby was born.

6 Tips from a Lawyer for Handling an HIE Diagnosis

In the chaotic days following an HIE diagnosis, it’s hard to know what to do. As lawyers who have guided countless families through this process, we offer these six crucial tips to protect both your child’s health and their legal rights.

1. Prioritize Medical Care and Document Everything

Your child’s health is the number one priority. Follow the medical team’s advice, ask questions, and be an active part of their care, including treatments like therapeutic hypothermia (cooling therapy). At the same time, start a detailed journal. This will become invaluable evidence. Document:

• Every symptom you observe.
• The names of all doctors and nurses.
• What you are told about your child’s condition and prognosis.
• All appointments, therapies, and medications.

This log creates a real-time record of the consequences of the injury.

2. Request and Secure All Medical Records Immediately

This is a critical legal step. You have a right to your and your child’s medical records. Request a complete copy of everything, including:

• All prenatal records.
• The complete labor and delivery records.
• All fetal heart monitoring strips (these are often the most important evidence).
• All neonatal and NICU charts.

Having your own copies early on ensures the evidence is preserved in its original state. An HIE lawyer will use these records as the foundation of their investigation.

3. Understand That HIE is a Sign of a Potential Medical Error

Your medical team may be hesitant to discuss the cause of the HIE. They may use vague terms or imply it was unavoidable. A lawyer’s perspective is different: the need for cooling therapy is, in itself, powerful evidence that a significant oxygen deprivation event occurred. Your job isn’t to prove how it happened it’s to recognize that it may have been preventable, which gives you the right to have it investigated.

4. Do Not Speak to Hospital Risk Managers or Insurers Alone

The hospital’s risk management department and their insurance adjusters are not on your side. Their job is to protect the hospital from financial liability. They may try to get you to give a recorded statement or sign documents. Do not do this. Anything you say can be used against you. The single most important tip is to politely decline to speak with them and refer them to your attorney.

5. Research the Potential Long-Term Needs of a Child with HIE

An HIE diagnosis can lead to lifelong challenges, including Cerebral Palsy, epilepsy, learning disabilities, and vision or hearing impairment. Understanding these potential outcomes is essential because a legal claim is not about punishing the hospital; it’s about providing for your child’s future. The compensation secured by an HIE lawyer is designed to pay for a lifetime of therapy, medical care, adaptive equipment, and educational support.

6. Consult with an HIE Lawyer Sooner Rather Than Later

There are strict deadlines, called the Statute of Limitations, for filing a birth injury lawsuit. These rules are complex for injuries involving a child. Furthermore, evidence can be lost and memories can fade over time. An early consultation with a lawyer costs nothing. The review is free, and we work on a contingency fee basis, meaning you pay nothing unless we win your case. An early call allows us to start the investigation while the evidence is fresh.

Frequently Asked Questions (FAQ)

We understand this is an overwhelming time. Here are answers to some common questions from parents.

Speak With an Experienced HIE Lawyer Today

If your child has been diagnosed with HIE, you deserve answers, and you deserve justice. You and your child should not have to bear the immense financial cost of a medical professional’s preventable error.

The dedicated legal team at CP Family Help is here to provide the support and advocacy you need. We have the experience to unravel complex medical records and the passion to fight for your child’s future. Contact us today for a free, confidential case evaluation.