Hypoxic-ischemic encephalopathy, or HIE, is a serious brain injury occurring in a fetus or newborn. It is caused by a lack of oxygen during labor or delivery. HIE is a leading cause of cerebral palsy and other lifelong issues, and it can sometimes be caused by negligence or poor decision-making by doctors and other healthcare staff. This can result in hypoxic-ischemic encephalopathy (HIE) and cerebral palsy malpractice cases in Michigan with substantial claims.
If Your Child Has Cerebral Palsy Due to Delivery Errors, Hire a Birth Injury Lawyer
Choosing to hire a birth injury lawyer can be a daunting prospect. You may feel unprepared or simply unable to take on a legal case at a time when you are already looking after your injured child and seeing to their needs. That’s where Goethel Engelhardt, PLLC, can help. We have a long record of success in Michigan HIE cases and cerebral palsy cases, and we can seek the justice and restitution you and your family deserve.
A birth injury attorney from Goethel Engelhardt, PLLC, can be a key asset in a Michigan family’s struggle to hold negligent providers accountable. When you go to the hospital experiencing signs of labor, you expect you and your baby to be well cared for. The tragic reality is that injuries and even wrongful deaths do occur in delivery rooms, with the Department of Health and Human Services reporting that Michigan’s infant mortality rates remain higher than national averages.
Even among Michigan’s nearly 100,000 live births per year, an unsettling number of infants find themselves facing a serious medical condition from the moment they’re born, and among them will be victims of negligence and medical errors. While HIE and cerebral palsy are only one possible type of birth injury that can often be traced back to malpractice, they are extremely serious and statistically significant types of birth-related medical malpractice.
Understanding Hypoxic-Ischemic Encephalopathy (HIE) and Medical Malpractice in Michigan
Your healthcare provider may have already explained that hypoxic-ischemic encephalopathy, or HIE, is often an underlying cause of cerebral palsy in babies. What they may have avoided sharing, however, is that medical malpractice or negligence is, in turn, a common underlying cause of HIE.
HIE can occur due to a variety of issues, including:
- Umbilical cord issues, such as the cord becoming wrapped around the baby’s neck
- Placenta dysfunction or injury
- The baby getting stuck in the birth canal in an atypical position for an extended period
- Physical trauma and injury, including those caused by medical tools, like forceps
- Maternal hypotension or hypertension
What Is Cerebral Palsy?
Cerebral palsy, the condition caused by HIE, is not a specific injury. Rather, it is a set of interrelated physical and mental disorders, which are considered permanent. Cerebral palsy affects a large number of families in Michigan and throughout the world, with nearly 2 of every 1,000 live births being affected. In fact, cerebral palsy is the most common cause of childhood disability overall.
While many cases are related to HIE, a variety of other prenatal and postnatal issues can lead to cerebral palsy. Of course, most new parents are neither doctors nor lawyers. Without analyzing every medical record and asking the right questions, it can be easy to assume that your traumatic experience with HIE was a freak occurrence, which no one could have predicted or prevented.
Why Legal Representation Is So Important
The reality is often much more complex. Even in valid medical malpractice claims, it can be challenging to adequately prove negligence in a fast-moving situation like the delivery of a baby. Working with a dedicated medical malpractice attorney who understands cerebral palsy and birth injury cases can greatly improve your chances of a successful claim. Your attorney can also take pressure off you so that you can focus on caring for your child and recovering from your experience.
FAQs About HIE and Cerebral Palsy Malpractice Cases in Michigan
What Is Hypoxic-Ischemic Encephalopathy (HIE), and How Can It Lead to Cerebral Palsy in Michigan Newborns?
Hypoxic-ischemic encephalopathy (HIE) is a form of brain injury. It can lead to cerebral palsy in Michigan newborns by disrupting or blocking oxygen flow to the brain. When not immediately treated, these incidents can lead to serious, lifelong impairments, both physical and mental. If your child’s cerebral palsy might be due to HIE that was suffered when a doctor made an error or failed to act, it may be grounds for a medical malpractice claim.
When Does a Birth Injury Involving HIE Qualify as Medical Malpractice in Michigan?
A birth injury involving HIE may qualify as medical malpractice in Michigan when it meets certain criteria. The HIE must be the direct result of a doctor or other medical provider failing to live up to the standards expected of them, and it must also lead to serious, legally actionable outcomes, such as cerebral palsy. Be aware that even qualifying situations need to be supported by good evidence for a medical malpractice claim to succeed.
What Damages May Be Available in a Michigan Malpractice Case Involving HIE or Cerebral Palsy?
The available damages in a Michigan malpractice case involving HIE or cerebral palsy will vary, depending on the specific details of each individual case. They can include economic damages, such as ongoing treatment and care, along with non-economic damages for the effects of the condition. Your attorney can determine which damages you can claim for in an HIE or cerebral palsy case.
How Can a Lawyer Prove That Medical Negligence Caused HIE or Cerebral Palsy During Labor and Delivery?
A lawyer can prove that medical negligence caused HIE or cerebral palsy during labor and delivery by using the strongest available evidence and testimony. Then, they can deploy them as part of a comprehensive legal strategy, similar to any other court case. While each case will be unique, potentially calling for unique types of evidence, the evidence often used in HIE cases includes medical records and expert witness testimony from other doctors.
If Your Baby Was Injured by Hypoxic-Ischemic Encephalopathy (HIE) in a Michigan Delivery Room, Contact Goethel Engelhardt, PLLC, Today
The possible consequences of an HIE injury are hard to overstate. Children with cerebral palsy caused by HIE may require a lifetime of expensive, emotionally draining medical intervention and assistance. If your infant is suffering from cerebral palsy due to negligence in the delivery room, Goethel Engelhardt, PLLC, can help. Contact us today to set up a confidential consultation so we can learn more about what you’re currently facing.
