Hypoxic Ischemic Encephalopathy

Hypoxic Ischemic Encephalopathy is a medical condition that affects thousands of infants in the United States every year. While there are several possible causes of a Hypoxic Ischemic Encephalopathy diagnosis, medical negligence plays a role in a significant number of cases. If you believe your child’s condition was a result of a health care provider’s negligence, reach out to a birth injury attorney at Lebowitz & Mzhen, Personal Injury Lawyers. At Lebowitz & Mzhen, our team is immediately available to meet with you to discuss your case and familiarize you with your options. While no amount of money can undo the harm your family has experienced, the compensation represents some measure of justice and can help ensure you don’t bear the financial brunt of a healthcare provider’s negligence.

Hypoxic-Ischemic Encephalopathy (HIE) is a serious birth injury caused by a lack of oxygen (hypoxia) and reduced blood flow (ischemia) to a baby’s brain before, during, or shortly after delivery. This oxygen deprivation can lead to brain damage, affecting a child's physical and cognitive development, and can result in lifelong disabilities. HIE varies in severity, with mild cases potentially causing minimal symptoms and severe cases leading to significant developmental delays, cerebral palsy, epilepsy, or intellectual disabilities.

HIE is often linked to complications during labor and delivery, such as umbilical cord problems, placental abruption, or prolonged labor, which can interrupt the baby’s oxygen supply. Immediate medical intervention, such as an emergency C-section, may prevent HIE if fetal distress is detected in time. After birth, treatments like therapeutic hypothermia (cooling therapy) are sometimes used to slow the progression of brain injury.

The impact of HIE depends on the extent of oxygen deprivation and the promptness of treatment. Children with HIE may require ongoing therapies, special education, and medical care to manage the effects of the condition.

Yes, healthcare providers can be held responsible for a Hypoxic-Ischemic Encephalopathy diagnosis if their actions or negligence contributed to the condition. In cases of HIE, timely intervention and proper monitoring during pregnancy, labor, and delivery are essential to ensure the baby receives adequate oxygen. When healthcare providers fail to uphold an accepted standard of care—whether through delayed response to fetal distress, improper handling of umbilical cord complications, or not performing an emergency C-section when necessary—they may be held liable for resulting injuries, including HIE.

Responsibility for HIE can arise from a range of mistakes. For example, if providers fail to monitor the baby’s heart rate accurately or overlook warning signs of oxygen deprivation, this lack of action could lead to preventable brain injury. Additionally, improper use of delivery-assistance tools or failure to communicate effectively during labor can contribute to HIE.

To prove liability, the plaintiff must typically demonstrate that the provider’s actions deviated from the accepted medical standard and that this deviation directly led to the HIE diagnosis. Expert testimony is often critical in these cases to establish how the provider’s actions may have prevented or mitigated the risk of HIE if handled appropriately.

In Maryland, a birth injury claim requires families to take specific procedural steps that must be met for the case to proceed. These requirements help ensure that the claim is valid and that there is a basis for alleging medical malpractice.

First, Maryland law mandates that the claim must be filed within the statute of limitations, which is generally three years from the date the injury was discovered or should have been discovered but no more than five years from the date of injury. For minors, the statute of limitations may be extended, typically beginning at age 11, but parents should consult with a Baltimore birth injury lawyer before filing to ensure they are within the appropriate timeframe.

Second, Maryland requires a Certificate of Merit, which involves obtaining an expert opinion from a qualified healthcare professional. This certificate must confirm that the healthcare provider’s actions fell below the accepted medical standard of care and that this deviation likely caused the injury. The certificate must be filed within 90 days of filing the claim, and it is essential for establishing the basis for medical negligence.

Additionally, birth injury claims in Maryland often require pre-suit arbitration, where both parties attempt to resolve the dispute before going to court. While either party may waive arbitration, the process is intended to streamline disputes and reduce the number of cases that require a full trial.

Finally, plaintiffs should be prepared for the process of discovery, which involves gathering medical records, expert testimony, and other evidence to support the claim. Given the complex procedural requirements and deadlines, families pursuing a Maryland birth injury claim should work with an experienced medical malpractice lawyer to ensure they navigate the process effectively.

At Lebowitz & Mzhen Personal Injury Lawyers, our compassionate medical malpractice lawyers have been standing up for the rights of Baltimore families for nearly 30 years. We understand the complexities and nuances of Maryland’s medical malpractice laws, and are ready to put our knowledge, experience, and resources into your case. We proudly represent clients throughout Maryland and Washington, D.C. For a free initial consultation, call us toll-free at (800) 654-1949 or locally at (410) 654-3600. Alternatively, you can connect with us through our secure online contact form.