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Everything You Need to Know About Hypoxic Encephalopathy in Birth Injury Claims

Everything you need to know about Hypoxic Encephalopathy in birth injury claims

Hypoxic ischemic encephalopathy (HIE) is one of the serious birth complications that affects between 1.5 and 2.5 out of every 1000 live births in developed countries. 

In Canada, a recent study has also pointed out that when hypoxic ischemic encephalopathy HIE in newborns occurs, it can lead to long-term brain injuries like developmental delays and even cerebral palsy.

This complication is often linked with birth injuries like mismanaged labour or untreated health issues during pregnancy. For families going through this, learning about how HIE happens and whether it could have been prevented is so important.

This blog explains the core causes of hypoxic encephalopathy, how it affects your child’s future, and the legal steps to get much-deserved clarity, justice, and compensation.

What is hypoxic ischemic encephalopathy in newborns?

Hypoxic ischemic encephalopathy is a type of brain injury that happens when a newborn’s brain doesn’t get enough oxygen and blood during or around the time of birth.

This condition can be life-threatening and is one of the most serious types of birth injuries a baby can face.

The Causes of Hypoxic Encephalopathy

These complications can interrupt oxygen flow to the baby’s brain, thus causing damage in just minutes.

Signs of Hypoxic Ischemic Encephalopathy in Newborn Infants

In the first hours or days after birth, signs of HIE in newborns may include seizures, weak muscle tone, poor feeding, and difficulty breathing.

As the child grows, there may be signs of developmental delays or trouble meeting milestones like sitting, walking, or speaking.

The long-term impact of hypoxic encephalopathy can be severe. Some children are later diagnosed with learning disabilities or other cognitive impairments. For families, an infant injury like this can be life-altering and often bring emotional and financial challenges.

How Hypoxic Encephalopathy Becomes a Birth Injury

Hypoxic encephalopathy can become a birth injury when medical negligence, such as the following, occurs during pregnancy or delivery.

Families affected by such negligence may seek legal recourse to address these preventable birth injuries.

Proving Negligence in Ontario HIE Cases

If your child was diagnosed with hypoxic encephalopathy, proving that medical negligence caused the injury is a complex but essential part of your case.

In Ontario, four main elements must be shown to succeed in a birth injury claim.

Medical records are key to this process. They provide details of labour, delivery, and treatment. Independent medical experts can also review the evidence and help link the care you received to the outcome.

Proving negligence in hypoxic encephalopathy cases isn’t easy. However, with strong support and the right legal team, it’s possible to seek justice for birth injuries caused by poor medical care.

Compensation in HIE Birth Injury Claims

When hypoxic ischemic encephalopathy in newborns is caused by medical negligence, families may be entitled to compensation. These claims help cover the long-term costs that come with birth injuries, especially those as serious as hypoxic encephalopathy.

Recoverable damages include ongoing medical expenses like physical therapy, medications, and assistive devices. Families may also be compensated for home modifications or hiring caregivers if the child has significant needs.

If an infant injury leads to permanent disability, the loss of future earning capacity is another factor considered. Pain and suffering are also recognized, although Ontario has a cap on non-pecuniary damages.

The Supreme Court of Canada originally set this cap at $100,000, but when adjusted for inflation, it amounts to about $447,550 as of April 2024. However, this cap can be exceeded in the most severe cases, such as when a child’s life is permanently altered by hypoxic ischemic encephalopathy.

Financial support doesn’t undo the harm, but it can ease the burden of raising a child with hypoxic encephalopathy, and ensure they get the care they need for the future.

Why Experience Matters in Hypoxic Encephalopathy Legal Battles

Hypoxic encephalopathy legal cases are complex, emotional, and medically detailed, hence why experience matters.

At Sommers Roth & Elmaleh, we don’t just dabble in medical malpractice; we have built our entire practice around it.

What sets us apart isn’t just our legal expertise; it’s also our compassionate approach. We know how overwhelming it is to care for a child with a serious injury while trying to pursue justice.

That is why we handle the legal battle, so you can focus on your child’s recovery and future. For decades, our team has fought for families across Ontario and has succeeded in cases that other firms said were “unwinnable.”

Our results speak for themselves:

If your family is facing the aftermath of medical negligence, know that you are not alone. We are here to help and our victories in birth injuries cases are evidence of our expertise.

Take action today! Call Sommers Roth & Elmaleh at 1-844-940-2386, or contact us online so we can review your case and fight for justice with everything we have got.

Frequently Asked Questions (FAQs)

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