Long Island Perinatal Encephalopathy Lawyer

Potential Complications of HIE

Hypoxic-ischemic encephalopathy is most common in full-term infants, although it occurs in premature infants, as well.

The timing and severity of asphyxia can determine what area of the brain is injured. The area of the brain that is affected will have a significant bearing on the child’s symptoms.

Babies who survive HIE may suffer from:

• Epilepsy – a neurological disorder marked by sudden recurrent episodes of sensory disturbance, loss of consciousness, or convulsions
• Developmental delays – late achievement of growth milestones, such as sitting up, pulling up, cruising, walking, talking
• Motor impairment – loss of function in one or more limbs, including muscle weakness, poor stamina, lack of muscle control, or paralysis
• Neurodevelopmental delays – late maturity of emotion, self-control, memory, learning ability
• Cognitive impairment – problems remembering, learning, concentrating, making decisions.

When diagnosed, HIE will be described as mild, moderate or severe. Usually, the severity of impairment from HIE cannot be fully determined until the child is 3 to 4 years old.

The brain damage done by HIE is permanent, but physical and occupational therapy can help the child gain strength and some muscle control. Epileptic seizures may be controlled with medication.

Can I File A Lawsuit Over HIE Birth Injury?

Birth injuries like HIE may occur because the attending obstetrician, obstetric nurse or other delivery team member failed to recognize a medical problem, did not follow accepted practices, panicked when an emergency arose or simply failed to properly monitor the expectant mother and her child.

Medical malpractice is an error on the part of one or more health care providers whose performance falls short of the accepted standard of care and results in harm to a patient.

Pursuing a medical malpractice claim on behalf of a child afflicted with HIE requires being able to demonstrate:

• A physician-patient relationship. You must be able to show that the medical professional you are accusing of malpractice was treating your child. This is sometimes called establishing a “duty of care.” This is not usually an issue.
• The medical professional was negligent. It is not enough that something went wrong during delivery. There are risks in birth. The facts must show that the medical care provider failed to do something or took some action that a reasonably skilled and careful professional would not have done in the same situation.
•  Medical negligence or error caused harm. The evidence must show a connection between the medical care provider’s negligence or preventable error and child injury. In addition, the injury must be compensable, which means it can be made better with a monetary payment. For example, a monetary award could pay for extraordinary postnatal treatment a child with HIE required.
•  Your case merits damages. Medical malpractice claims are complicated and expensive to pursue. There must be a strong likelihood that a jury would return an award that covers the tens of thousands of dollars required to mount a claim, including attorneys’ fees, and provide money to you. A very mild case of HIE might not meet this test, for example. However, if a child’s impairments from HIE were expected to adversely affect his or herability to perform major life activities, then you should consult with medical malpractice attorney about your case.

At the Law Office of Cohen & Jaffe, LLP if we believe your case has merit, our first step would be to help you obtain your and your child’s medical records. We would then have a medical professional familiar review the medical files, probably starting with an obstetric nurse. As we get feedback questioning the medical treatment you and/or your child received, we would have additional medical professionals examine your records.

Pursuing Your HIE Lawsuit

If these independent medical professionals’ reviews suggest you have a viable claim, we would pursue your case aggressively by filing a lawsuit on your behalf. In preparation for the lawsuit, we would calculate the cost of your child’s present and future medical expenses. The lasting harm of HIE may mean your child will need years or a lifetime of special care, including assistive devices, therapy, and special education.

Our birth injury lawyers work with many medical and economic professionals to anticipate needs and project the costs that should be covered in compensation to you.

Future cost projections should take into consideration the parents’ losses due to additional time away from employment that is spent as the child’s caregiver, as well as for their emotional pain and anguish. Compensation would also be due to the child’s pain, suffering and potential monetary losses due to fewer participation opportunities in childhood and potentially limited education, employment, dating and marriage opportunities as a youth and adult.

If we can pursue a claim on your family’s behalf, our lawyers would meet with the lawyers representing the negligent doctor and seek to negotiate a settlement. Sometimes we are able to reach an out-of-court settlement that covers your needs and spares you the ordeal of a trial. If we proved unable to come to a settlement agreement, we would be ready to prepare and present a persuasive case in court.

Contact the NY Birth Injury Lawyers of Law Office of Cohen & Jaffe, LLP

If your child has been diagnosed with hypoxic-ischemic encephalopathy, he or she may require years or a lifetime of special care. Our birth injury lawyers can work with several professionals to examine the medical care you and your child received and, if medical malpractice caused your child’s HIE, project the costs that you need to recover to ensure your financial recovery and stability for the future.

We handle birth injury claims on a contingency fee basis. A compassionate perinatal asphyxia lawyer from the Law Office of Cohen & Jaffe, LLP in Long Island, New York, can have your case reviewed by our medical experts at no cost to you. If we pursue a claim on your behalf, there are no attorney fees unless we recover compensation for you. Our team can also help you with such issues as finding doctors, specialists or other resources to help you and your child.

To set up a free consultation, call our New York HIE birth injury attorney or contact us online today. We speak Spanish and Russian.