During and after giving birth, nurses, midwives, and other medical professionals must closely monitor the baby to ensure they remain healthy and address any complications that arise. Unfortunately, many healthcare workers fail to do this, causing serious injuries, which may include Hypoxic-Ischemic Encephalopathy (HIE). This injury occurs when a newborn’s brain does not receive oxygen or blood flow for a period of time. The effects of this injury can be devastating, especially because it is often preventable.
If your infant suffers from HIE, you deserve a compassionate lawyer that will fiercely advocate for your rights. At Davis & Davis, we specialize in medical malpractice claims, so we have the skill and knowledge to take on your HIE case. With over 65 years of combined experience, you can trust us to handle your claim with the care and respect it deserves. Our dedicated team works with you every step of the way so that you can focus on recovery while we fight tirelessly to seek justice and maximum compensation for your losses.
Proving Medical Malpractice in HIE Cases
While HIE can result from several complications, many of them can be connected to medical malpractice. To hold the at-fault party accountable, we can help you fulfill your burden of proof as the victim of such negligence. This involves presenting evidence that demonstrates the following:
- Duty of care: The liable medical professional owed you a duty to uphold a standard of care that a reasonable provider with similar training and experience would provide.
- Breach of duty: The at-fault party failed to meet this standard of care and properly monitor your baby.
- Causation: This negligence directly caused your newborn’s injuries.
- Damages: Your baby’s injuries resulted in damages.
We understand this can seem intimidating, but you do not have to do it on your own. Our professional team is here to help collect and analyze the following information to fulfill the burden of proof:
- Medical records
- Test results
- Diagnostic reporting
- Witness testimony
- Video footage
- Expert opinion
This evidence can help us identify the liable healthcare provider and the direct cause of the HIE, giving you the best chance of achieving the compensation you deserve.
Who Can Be Held Liable for a Hypoxic-Ischemic Encephalopathy Birth Injury?
When medical negligence contributes to hypoxic-ischemic encephalopathy, or HIE, several parties may be held legally responsible for the resulting damages. At Davis & Davis, our legal team has extensive experience identifying all potentially liable parties in HIE cases. With our exclusive focus on medical malpractice litigation, we understand the complexities of these cases and work diligently to ensure all responsible parties are held accountable for their negligence. The parties who may be held liable in your child’s case include the following:
Obstetricians and Delivery Physicians
The primary physician overseeing labor and delivery often bears significant responsibility in HIE cases. Obstetricians may be held liable when they fail to properly monitor fetal distress, delay necessary cesarean sections, misuse delivery instruments like forceps or vacuum extractors, or improperly administer labor-inducing medications like Pitocin. Their failure to recognize and respond to signs of oxygen deprivation in a timely manner can directly lead to your child suffering from HIE.
A physician’s duty begins well before delivery. Proper prenatal care includes identifying risk factors for oxygen deprivation, such as maternal hypertension, gestational diabetes, or placental abnormalities. When doctors fail to identify these risk factors or develop appropriate delivery plans for high-risk pregnancies, they may be liable for resulting injuries.
Labor and Delivery Nurses
Nurses play a critical role in monitoring both mother and baby throughout labor and delivery. They are often responsible for continuous fetal monitoring, recognizing abnormalities in fetal heart rate patterns, and promptly communicating concerns to physicians. When nurses fail to identify signs of fetal distress, improperly interpret monitoring strips, or delay notifying physicians about emergency situations, they may share liability for HIE injuries.
Nurses who incorrectly administer medications, fail to implement physician orders, or don’t follow established protocols for high-risk deliveries may be held accountable when their negligence contributes to oxygen deprivation and subsequent brain injury.
Hospitals and Healthcare Facilities
Healthcare facilities may be held liable for HIE injuries through the legal principle of vicarious liability, which holds employers responsible for their employees’ negligence. Hospitals may also face direct liability for organizational failures, such as:
- Inadequate staffing of labor and delivery units
- Failure to maintain proper equipment for fetal monitoring and emergency interventions
- Lack of clear protocols for emergency cesarean sections
- Insufficient training of medical staff on recognizing and responding to fetal distress
- Failure to ensure proper communication between healthcare providers during shift changes
If a hospital’s policies or procedures discourage necessary interventions or create circumstances where proper care cannot be delivered, the facility itself may bear significant liability for resulting injuries.
Anesthesiologists
In some HIE cases, anesthesiologists may share responsibility if their actions contributed to the oxygen deprivation of the child. This includes improper administration of anesthesia that affects the mother’s blood pressure or oxygen levels, which can subsequently impact the baby’s oxygen supply. Delays in providing anesthesia for emergency cesarean sections can also contribute to prolonged oxygen deprivation and resulting brain damage.
Medical Device Manufacturers
When equipment failure contributes to HIE, the manufacturers of fetal monitors, delivery instruments, or other medical devices may share liability. If these devices malfunction, provide inaccurate readings, or were designed with inherent flaws that prevented healthcare providers from recognizing fetal distress, the companies that produce these devices may be partially responsible for the resulting injuries.
Establishing liability in HIE cases requires a thorough investigation of all parties involved in prenatal care, labor, and delivery. At Davis & Davis, our Houston birth injury lawyers meticulously review medical records, consult with expert witnesses, and identify every potentially responsible party to maximize your child’s compensation. Our attorneys have the knowledge and resources to build compelling cases that establish how medical negligence led to your child’s HIE injury. For a free consultation, call us at (713) 781-5200 or contact us through our contact form.
Potentially Recoverable Damages in Houston HIE Cases
HIE can impact your life and your baby’s life physically, emotionally, and financially. If a medical professional caused this trauma, you have the right to file a claim and pursue financial compensation for your losses. Based on the severity of the injuries and other details of your unique case, you may recover the following damages:
- Past and future medical bills
- Pain and suffering
- Surgery costs
- Rehabilitation and physical therapy
- Prescribed medications
- Mental anguish
- Lost income from missed work caring for your child
- Loss of consortium
- Medical equipment
- Counseling
Our empathetic team at Davis & Davis understands that no amount of money can make up for the injuries your child has suffered, but we will do everything we can to hold the liable party accountable for their careless actions. With our knowledge and experience, we can calculate your claim’s worth accurately so that you may receive a fair settlement.
How a Houston HIE Attorney Can Help
If your newborn suffers from HIE due to medical malpractice, you deserve time to focus on yourself and your child instead of stressing about the legal process. Our understanding lawyers are here to listen to your story and take the weight off your shoulders. We understand the sensitive nature of these claims and will handle every aspect effectively, including:
- Thoroughly investigating your claim
- Collecting and analyzing evidence
- Interviewing witnesses
- Filing your claim properly
- Negotiating with insurance companies
- Using legal knowledge to answer your questions
- Utilizing resources like medical professionals to strengthen your claim
- Taking your claim to court if necessary
In Hypoxic-Ischemic Encephalopathy cases, acting quickly is crucial for success, especially because Texas law only gives victims two years to file a claim. Our efficient and professional lawyers can help you meet this deadline and take full advantage of your opportunity to fight for your rights.
Schedule a Free Consultation With an Experienced Houston Hypoxic-Ischemic Encephalopathy Lawyer at Davis & Davis
HIE occurs in about three to 20 per 1,000 live births of full-term infants, and it can have potentially lifelong consequences. These effects can be harder to experience because the injury could have most likely been avoided. If your baby suffered from HIE during labor or delivery due to a lack of fetal monitoring or another form of medical malpractice, our Davis & Davis lawyers are here to help build a strong claim and advocate for you.
Medical malpractice claims involving HIE can be complex and sensitive, so we take a compassionate and dedicated approach to every case using our extensive knowledge and legal expertise. In our decades of collective experience, we have handled over 300 jury trials and cases in Houston and nationwide with our unmatched services. Furthermore, when working with our team, you don’t pay unless we win. To schedule a free consultation, call us at (713) 781-5200 or fill out our contact form.
FAQs (HIE) Lawyer in Houston, TX
What should I do if my baby was diagnosed with hypoxic-ischemic encephalopathy (HIE) in Houston?
If your baby received an HIE diagnosis in Houston following a difficult delivery, take immediate action to protect their health and preserve your legal rights. First and most critically, ensure your baby receives therapeutic hypothermia treatment if they haven’t already received it. This specialized treatment must be initiated within 6 hours of birth to minimize brain damage. Request and secure copies of all medical records immediately, including fetal heart monitoring strips showing how your baby tolerated labor, umbilical cord blood gas results measuring oxygen and acid levels at birth, Apgar scores documenting your baby’s condition at 1 and 5 minutes after delivery, detailed delivery room notes, records of any resuscitation efforts, and brain imaging reports including MRI scans showing the pattern and severity of brain injury. These medical records are critical evidence in HIE cases. Avoid discussing the delivery or your baby’s condition with hospital risk management teams or insurance representatives without legal representation present.
What is hypoxic-ischemic encephalopathy (HIE) and what causes it?
Hypoxic-ischemic encephalopathy (HIE) is a specific type of brain injury that occurs when a newborn’s brain doesn’t receive adequate oxygen (hypoxia) or sufficient blood flow (ischemia) during pregnancy, labor, delivery, or immediately after birth. HIE affects approximately 2-3 per 1,000 full-term births in the United States. When oxygen delivery and blood flow to the brain are restricted or completely cut off, brain cells begin to die within minutes, causing permanent and irreversible damage. The severity of HIE can range from mild with minimal long-term effects to moderate or severe causing profound disabilities including cerebral palsy, seizure disorders, intellectual disabilities, and developmental delays. Common causes include umbilical cord complications such as cord prolapse or tight nuchal cord, placental problems like placental abruption or insufficiency, uterine rupture, prolonged labor without timely cesarean intervention, maternal complications including severe preeclampsia, excessive Pitocin use causing uterine hyperstimulation, and shoulder dystocia.
Who can be held liable for a hypoxic-ischemic encephalopathy (HIE) birth injury?
When medical negligence causes hypoxic-ischemic encephalopathy, multiple parties may be held legally responsible. Obstetricians and delivering physicians often bear primary responsibility when they fail to properly monitor fetal heart rate patterns during labor, unreasonably delay performing necessary emergency cesarean sections when fetal monitoring shows the baby is in distress, misuse delivery instruments like forceps or vacuum extractors, or improperly administer labor-inducing medications like Pitocin causing dangerous uterine hyperstimulation. Labor and delivery nurses may share liability when they fail to continuously monitor and document fetal heart patterns as required by hospital policy, fail to properly interpret concerning patterns on fetal monitoring strips, delay notifying the attending physician about emergency situations or deteriorating fetal status, or fail to recognize when immediate intervention is needed. Hospitals can be held liable for maintaining inadequate nurse staffing levels, failing to ensure proper maintenance of fetal monitoring equipment, or lacking clear emergency cesarean protocols. We conduct exhaustive investigations to identify every potentially responsible party.
What compensation can my family recover in a Houston HIE case?
Families affected by hypoxic-ischemic encephalopathy in Houston can recover substantial compensation when medical negligence caused this devastating brain injury. Economic damages have no cap under Texas law and include all past and future medical expenses such as neonatal intensive care unit hospitalization costs, therapeutic hypothermia treatment expenses, ongoing appointments with pediatric neurologists and developmental specialists, multiple weekly therapy sessions including physical therapy, occupational therapy, and speech therapy, expensive seizure medications that may be needed for life, ongoing treatments for resulting cerebral palsy and movement disorders, specialized medical equipment including wheelchairs, walkers, communication devices, and adaptive technology, necessary home modifications to ensure accessibility, special education services and supports, and potential in-home nursing care or residential placement if needed. You can also recover full compensation for parental lost wages and lost earning capacity. Life care planners calculate that these costs often exceed $3-5 million over a child’s lifetime in moderate to severe HIE cases.
How long do I have to file an HIE lawsuit in Texas before the deadline expires?
Texas law imposes critical filing deadlines for HIE lawsuits, and failure to file within these time limits will permanently bar your right to pursue compensation. The standard statute of limitations for medical malpractice claims in Texas is two years from the date of negligent occurrence. However, HIE cases involving newborns have special tolling provisions under Texas Civil Practice and Remedies Code Section 74.251(a)—children under 12 years old have until their 14th birthday to file medical malpractice claims against healthcare providers. Despite this extension, waiting to pursue legal action beyond your baby’s second birthday creates catastrophic consequences. You permanently lose the right to recover “parental damages”—compensation for all medical care, therapy, medications, equipment, and expenses your child incurs between birth and age 18. These parental damages often represent millions in HIE cases where children require intensive ongoing therapies, multiple specialist appointments, expensive seizure medications, treatments for cerebral palsy, and potentially full-time nursing care. Contact our firm immediately upon receiving an HIE diagnosis for free case evaluation.
