HIE Lawyers in Canada

Hypoxic-Ischemic Encephalopathy in Newborns

No parent expects their child to suffer a birth injury, yet Hypoxic‑Ischemic Encephalopathy (HIE) changes lives in an instant. HIE is a serious birth injury, and HIE newborns may face severe conditions such as cerebral palsy, seizures, and lifelong disabilities.

However, infant hypoxic‑ischemic encephalopathy is often preventable, which is why its occurrence leaves parents devastated by both the emotional toll and financial burden. The overwhelming need for answers and the desperate hope for healing is a pain that lingers.

But there is hope. You deserve clarity, and you deserve justice.

At Sommers Roth & Elmaleh, our experienced HIE lawyers have spent decades helping families hold hospitals and healthcare providers accountable. We fight for the compensation and support you need to help build a brighter future for your child.

Understanding HIE (Hypoxic‑Ischemic Encephalopathy) and Its Impact on Your Infant

Oxygen is essential for a baby’s brain development. When an infant experiences oxygen deprivation before, during, or shortly after birth, the consequences can be devastating. The lack of oxygen, also known as HIE, can cause severe brain injuries that may affect a child for life.

The severity of HIE brain damage depends on how long the baby is deprived of oxygen. In mild cases, a child may recover with early intervention, while severe cases may require lifelong medical care and support.

What is HIE?

HIE is best understood through breaking the term down.

Hypoxia is reduced oxygen supply to the brain, ischemia is low blood flow to the vital organs —including the brain—and encephalopathy refers to dysfunction of the brain. So, HIE refers to a brain dysfunction that is a result of reduced oxygen supply and blood flow to the brain. Neonatal Encephalopathy (NE) means a brain dysfunction in the neonate (newborn). HIE and NE generally occur from a brain injury in the perinatal period (leading up to and just after delivery).

Common Causes of Neonatal HIE in Newborns

Placental abruption: The placenta detaches from the uterus too soon, reducing oxygen supply.
Umbilical cord issues: Prolapsed or compressed cords can cut off oxygen flow to the baby.
Prolonged labour: Delayed delivery increases the risk of oxygen deprivation.
Uterine rupture: A tear in the uterus can restrict blood and oxygen supply.
Infections: Maternal or fetal infections may contribute to brain injuries.

The Stages of Hypoxic‑Ischemic (HI) Brain Injury

The progression of HI brain injury unfolds in three distinct phases:

Immediate phase (primary neuronal death): This occurs during the initial insult, leading to primary energy failure, oxidative metabolism disruption, cytotoxic oedema, and accumulation within the cerebral circulation.
Latent phase: This happens approximately six to fifteen hours post‑insult and is marked by the restoration of cerebral blood flow. This phase often sees clinical deterioration in severely affected neonates, with seizures being a common symptom.
Secondary energy failure (delayed neuronal death): This phase can manifest several days after the initial insult and is associated with widespread encephalopathy, increased seizure activity, excitotoxicity, apoptosis, and microglial activation.

The Long‑Term Consequences of Neonatal HIE

An HIE infant may face a long list of lifelong challenges, depending on the severity of their injury. Some of the common effects of infant hypoxic‑ischemic encephalopathy include:

Seizures: A newborn with HIE may experience seizures, which often require ongoing treatment.
Cerebral palsy: HIE brain damage can cause muscle stiffness, coordination issues, and mobility challenges.
Developmental disabilities: Learning difficulties and cognitive impairments are common in children with HIE.
Vision and hearing problems: Some infants develop sensory impairments due to HIE brain damage.

What Are the Symptoms of HIE?

Depending on the criteria, HIE can be identified through a variety of signs and symptoms, including:

Low heart rate;
Poor muscle tone;
Bluish or pale skin colour;
Excessive acid in blood;
Meconium‑stained amniotic fluid;
Seizures within 24 hours of birth; and
Organ dysfunction.

Diagnostic Approach

Diagnosis relies on clinical observations and several diagnostic tools, such as the following:

Amplitude‑integrated EEG (aEEG): Useful, but may be limited by the infant’s physiological stability or treatment effects.
MRI (magnetic resonance imaging): The preferred imaging method for its prognostic value.
Biomarkers and placental analysis: These provide additional diagnostic information.
Sarnat staging: Classifies HIE severity into mild, moderate, and severe based on clinical and EEG findings.
Thompson score: A numeric scoring system assessing nine clinical signs without requiring advanced technology.

Immediate and Long‑Term Management of HIE

Therapeutic hypothermia is the standard treatment, involving cooling the body to 33.5 °C for 72 hours within six hours of birth. Despite its efficacy, complications and mortality remain concerns. Emerging treatments targeting the ischemic cascade include:

Magnesium sulphate
Argon and xenon gases
Melatonin
Erythropoietin (EPO)
Allopurinol
Stem cell and cord blood therapies

The Role of Medical Negligence in HIE Cases

In many cases, HIE could have been prevented with proper medical care. Doctors and nurses are responsible for monitoring fetal stress and taking swift action when complications arise.

Medical negligence occurs when healthcare providers fail to act appropriately, leading to HIE‑related injuries. Some examples include:

Failure to monitor fetal heart rate: Signs of distress may go unnoticed and cause neonatal encephalopathy.
Delayed C‑section: An emergency C‑section is sometimes necessary to prevent HIE brain damage.
Mismanagement of labour complications: Errors in handling umbilical‑cord issues or prolonged labour can result in HIE injuries.

Filing an HIE Lawsuit for Medical Negligence

When medical negligence leads to HIE, families have the right to seek justice. An experienced HIE lawyer can help parents hold healthcare providers accountable and secure compensation for their child’s future.

Determining If You Have a Case

A hypoxic‑ischemic encephalopathy lawyer reviews medical records, consults with experts, and evaluates signs of negligence. If delays in care or improper monitoring contributed to HIE injuries, families may have grounds for a lawsuit.

The Legal Process of Pursuing an HIE Claim

The case begins with a consultation with an HIE lawyer, followed by evidence collection and expert testimony. Most HIE claims are settled outside court, but some proceed to trial for maximum compensation.

Compensation Available in HIE Birth Injury Cases

A successful HIE lawsuit can provide funds for treatment, therapy, and other essential expenses. Below, we explain some key points:

Covering Medical and Ongoing Care Costs

Caring for an HIE infant usually requires extensive medical treatment. Compensation may cover hospital stays, surgeries, medications, and rehabilitation. Many children with HIE need specialized therapies, assistive devices, and even home modifications to improve their quality of life.

Financial Support for Families Affected by HIE

Raising an HIE newborn can create significant financial challenges for families. Many parents take time off work or become full‑time caregivers. Compensation can provide relief by covering lost wages, caregiving costs, and other out‑of‑pocket expenses.

Seeking Justice for Emotional and Physical Impact

The effects of HIE injuries go beyond financial burdens. Families may also seek damages for pain, suffering, and emotional stress. In essence, if neonatal encephalopathy leads to a reduced quality of life, legal action can provide a sense of justice.

How Our Neonatal HIE Lawyers Can Help Your Family

At Sommers Roth & Elmaleh, we are committed to helping families affected by HIE seek justice. Our experienced and compassionate legal team understands the emotional and financial toll of birth injuries, which is why we fight to hold negligent medical professionals accountable.

Investigating Medical Negligence in HIE Cases

Determining liability in an HIE case requires a thorough investigation. Our legal team reviews medical records, consults expert witnesses, and identifies errors that contributed to the injury.

Building a Strong Injury Case

A successful claim stems from a well‑built case. Our legal team uses medical evidence, expert testimony, and legal strategies to demonstrate negligence in HIE‑related injuries. Sommers Roth & Elmaleh is dedicated to securing the best possible outcome for every client.

Providing Personalized Support Throughout the Process

Pursuing an HIE birth injury case can be daunting, but it doesn’t have to be. Our team provides compassionate guidance at every stage—we handle every legal complexity to allow you to focus on your child’s well‑being.

Contact Sommers Roth & Elmaleh for Legal Guidance on HIE Today

If your child has suffered from HIE, you deserve answers and support. At Sommers Roth & Elmaleh, we are here to help. Our skilled hypoxic‑ischemic encephalopathy lawyers can assess your case, determine if medical negligence occurred, and guide you through the legal process.

Enough of postponing justice. Call us today at 1‑844‑940‑2386 or contact us here to schedule a free consultation and let us advocate for your child’s future.