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
- Problems with the umbilical cord
- Placenta abruption
- Prolonged or difficult labour
- Untreated infections in the mother
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.
- Common scenarios include failure to monitor fetal distress, which can lead to delayed interventions and oxygen deprivation.
- Delayed C-sections are another issue, as they can prevent timely delivery and exacerbate oxygen deprivation.
- Misuse of delivery tools like forceps or vacuum extractors can also cause physical trauma and reduce blood flow to the brain.
- Ignoring maternal conditions such as pre-eclampsia can further compromise fetal health by reducing oxygen supply.
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.
- Duty of care: This means there was a doctor-patient relationship, and the healthcare provider was responsible for you and your baby’s safety.
- Breach of standard care: This usually requires expert testimony to show that the care you received was below what is expected.
- Causation: You must show that the breach directly led to hypoxic ischemic encephalopathy HIE in newborns, rather than a pre-existing or unrelated condition.
- Damages: There must be measurable damages, such as long-term medical needs, physical limitations, or financial strain caused by the infant’s injury.
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:
- Over $26 million awarded to a family after a severe delay in delivery led to hypoxic encephalopathy.
- $10 million recovered for a child who suffered permanent brain damage due to the mismanagement of severe neonatal hypoglycemia.
- $7.7 million secured for parents after the negligent use of oxytocin during prolonged labour resulted in birth injuries.
- $7.1 million awarded in a case where an obstetrician ignored signs of preeclampsia, a maternal condition that should have been addressed.
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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How long do I have to file a claim?
In Ontario, minors have until two years after turning 18 to file a birth injury claim. If your child is significantly disabled and unable to manage their affairs, the limitation period may be suspended indefinitely.
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Will we need to go to trial?
Most cases settle out of court, but being prepared for trial provides leverage in negotiations. This readiness often leads to more favourable settlements without the need for trial.
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What if the hospital denies responsibility?
If a hospital denies responsibility, expert reviews and reconstruction of evidence are important. This process helps to establish negligence and supports your hypoxic encephalopathy claims.