Hypoxic ischemic encephalopathy (HIE) is a serious birth injury caused when an infant’s brain does not receive enough oxygen or blood flow before, during, or shortly after birth. This oxygen deprivation can result in permanent brain damage, lifelong disabilities, or even death. When medical professionals fail to monitor fetal distress, respond to complications during labor, or provide appropriate care, an infant may suffer an HIE diagnosis due to medical negligence.
At Davis & Davis, we have represented families whose children suffered HIE and other catastrophic birth injuries for nearly 70 years. Our Houston medical malpractice lawyers have handled more than 300 jury trials and understand the complex medical and legal issues involved in birth injury cases. If your baby experienced a birth injury, we can help you understand what happened and whether malpractice played a role.
What Causes HIE?
HIE occurs when oxygen and blood flow to a baby’s brain are reduced or completely stopped. This can happen during pregnancy, labor and delivery, or the immediate postnatal period. The brain requires a constant supply of oxygen-rich blood to function properly. When this supply is interrupted for even a short time, brain cells begin to die, leading to HIE.
Multiple factors can lead to oxygen deprivation during birth. Problems with the umbilical cord, such as cord prolapse or a nuchal cord wrapped tightly around the baby’s neck, can restrict blood flow. Complications with the placenta, including placental abruption or placenta previa, may prevent adequate oxygen transfer to the baby. Maternal health conditions like preeclampsia, low blood pressure, or infections can also contribute to HIE.
Prolonged or difficult labor is another common cause. When labor lasts too long or the baby becomes stuck during delivery, such as with shoulder dystocia, the risk of oxygen deprivation increases significantly. Delays in performing a necessary C-section or failure to properly monitor the baby’s heart rate can allow HIE to develop when earlier intervention could have prevented it.
How Medical Negligence Can Lead to HIE
Healthcare providers have a duty to monitor both mother and baby throughout pregnancy and delivery. When doctors, nurses, or midwives fail to recognize warning signs or respond appropriately to complications, their negligence can result in HIE. Failure to monitor fetal heart rate patterns is one of the most common forms of negligence leading to birth injuries.
If a medical team fails to identify signs of fetal distress or does not act quickly enough when problems arise, the baby may be deprived of oxygen long enough to cause brain damage. Other examples of medical malpractice include improper use of delivery tools like forceps or vacuum extractors, medication errors, or failing to recognize and treat maternal infections or complications during pregnancy. In some cases, providers may delay necessary interventions or fail to have adequate emergency protocols in place.
Signs and Symptoms of HIE
Infants with HIE may display several symptoms immediately after birth or within the first few days of life. These can include low Apgar scores, which measure a newborn’s breathing, heart rate, muscle tone, reflexes, and skin color. Babies with HIE often require resuscitation at birth and may have difficulty breathing on their own. They may appear unusually sleepy or overly alert, have weak or absent reflexes, or exhibit poor muscle tone.
Seizures are another common sign of HIE and may occur within the first 24 to 48 hours after birth. The baby may have an abnormal heart rate, difficulty feeding, or problems with temperature regulation. Some infants with HIE develop cerebral palsy, developmental delays, epilepsy, or other long-term neurological conditions. According to the National Institute of Neurological Disorders and Stroke, while some children with HIE may not have long-term consequences, others can experience mild to severe disabilities or death depending on how long the brain was without oxygen.
Legal Rights After an HIE Diagnosis
When an HIE diagnosis results from medical malpractice, families have the right to pursue compensation for their child’s injuries. A birth injury claim can help cover the costs of ongoing medical care, therapies, adaptive equipment, and other expenses related to caring for a child with disabilities. Families may also recover damages for pain and suffering, loss of quality of life, and the emotional toll of their child’s injury.
Texas law requires that medical malpractice claims meet specific criteria, including proof the healthcare provider failed to meet the accepted standard of care and this failure directly caused the injury. Working with an attorney who handles birth injury cases can help you understand your rights and navigate the complex legal process.
Seek Justice for Your HIE Medical Malpractice Case With Davis & Davis
At Davis & Davis, our Houston birth injury attorneys understand the devastating impact HIE can have on families. We have nearly 70 years of combined experience representing parents whose children have suffered birth injuries due to medical negligence. Our attorneys have handled more than 300 jury trials and are committed to fighting for families affected by preventable birth injuries.
We represent clients in Texas and nationwide, and you pay nothing unless we recover compensation for your family. If your child has been diagnosed with HIE or another birth injury, contact our office to discuss your case and learn how we can help you seek justice and accountability.
