How an HIE Lawyer Can Help Families Affected by Birth Injuries

Every parent envisions a bright future for their child, filled with milestones, laughter, and cherished memories. However, when a birth injury occurs, those dreams can be replaced with uncertainty, fear, and countless questions.

Hypoxic-ischemic encephalopathy (HIE), a severe brain injury caused by oxygen deprivation during childbirth, is one such condition that can change a family’s life forever.

The physical, emotional, and financial toll of HIE is quite profound, as it leaves victims’ families and loved ones to grapple with specialized care, therapies, and medical expenses. What if the injury was preventable, though?

This blog will explain how an experienced HIE lawyer can provide support, secure compensation, and offer a path to justice for families in Ontario.

Understanding HIE: Causes and Long-Term Effects

HIE is a serious neurological condition that occurs when an infant’s brain is deprived of oxygen and blood flow or immediately after birth. This disruption, although uncommon, can result in severe brain damage that alters the trajectory of a child’s development.

This rare condition often results from complications that could have been prevented with appropriate care. Some of the common causes include:

• C-sections;
• Improper fetal monitoring;
• Failure to recognize signs of fetal distress;
• Mismanagement of labour; and 
• Delivery complications.

The long-term effects of HIE vary in severity, ranging from developmental delays and motor impairments to cognitive challenges and seizures. Many children with HIE require ongoing medical interventions, therapies, and assistive devices throughout their lives.

For families, the impact goes beyond the medical diagnosis: 

• Emotionally, parents may feel overwhelmed by guilt, grief, and anger.
• Physically, they face the exhausting demands of caregiving.
• Financially, the costs of specialized care, rehabilitation, and adaptive equipment to aid movement can be challenging. 

The severity of brain injury is not always immediately apparent and often becomes noticeable only when a child reaches the age of 3 or 4. Sometimes, the signs may not surface until much later in life.

However, have you ever wondered: what if the birth injury was caused by medical negligence and could have been prevented?

Recognizing Medical Negligence in HIE Birth Injury Cases

Medical negligence is a major factor in HIE birth injury cases, where improper care during labour and delivery can have far-reaching consequences. Healthcare providers are responsible for monitoring and managing complications to ensure the safety of both mother and baby. When this duty is neglected, it can result in HIE. 

Common examples of negligence include:

• Failing to monitor signs of fetal distress;
• Delays in performing urgent interventions such as emergency C-sections; and
• Improper use of delivery tools like vacuum extractors or forceps. 

These preventable errors can lead to severe outcomes, leaving families unsure of what went wrong.

Unfortunately, many families remain unaware that their child’s HIE birth injury may have been preventable and caused by medical negligence. This is where a skilled hypoxic-ischemic encephalopathy lawyer becomes essential. HIE birth injury lawyers can investigate the birth’s circumstances, review medical records, and identify negligence.

Legal Options for Families Affected by HIE

For families dealing with the aftermath of an HIE birth injury, seeking legal recourse can provide much-needed financial relief and accountability. In essence, filing a medical malpractice claim is a key option when negligence is suspected during labour or delivery.

An HIE lawyer begins this process with a thorough investigation. In this stage, medical records are reviewed, top medical experts in the field of birth injury are consulted, and there is an in-depth evaluation of the events leading up to and during childbirth. This process helps hypoxic-ischemic encephalopathy lawyers uncover evidence that can be used to determine whether medical negligence caused the injury.

When negligence is established, families can pursue compensation for substantial financial resources and the emotional burden of an HIE birth injury. Some common damages include:

• Medical expenses: Covering immediate hospital bills, surgeries, and ongoing care.
• Therapy and rehabilitation costs: Addressing developmental delays, motor challenges, and other long-term effects.
• Specialized equipment and home modifications: Providing for wheelchairs, lifts, and accessible living spaces.
• Loss of future earnings: Accounting for the victim’s diminished earning potential due to their condition.
• Pain and suffering: Compensation is provided to families for emotional and physical stress.

A Sommers Roth & Elmaleh HIE Lawyer: Support Beyond Legal Advocacy

Victims of medical malpractice are usually unaware that their injuries were preventable or that they could be entitled to compensation.

With over 40 years of experience in representing victims of medical malpractice and negligence, Sommers Roth & Elmaleh understands the profound emotional and financial toll that birth injuries, misdiagnoses, surgical errors, or illnesses caused by medical negligence can have on families.

However, medical malpractice lawsuits are not ordinary claims; they involve powerful entities like hospitals, insurance companies (such as the Healthcare Insurance Reciprocal of Canada [HIROC]), and the Canadian Medical Protective Association (CMPA).

These cases demand an HIE lawyer with a deep understanding of both the law and medical science, extensive resources, and the ability to simplify a highly technical process—this is where we shine.

Our team of hypoxic-ischemic encephalopathy lawyers spare no effort in advocating for your rights. We investigate medical records and collaborate with medical specialists worldwide. This process helps us uncover negligence and build a strong, evidence-based case. 

Our legal experts also handle complex negotiations with hospitals and insurance agencies to ensure your voice is heard and your interests are protected. When necessary, we provide representation in court, advocating fiercely for fair compensation and accountability.

One of our most notable victories includes securing over $11 million for a man with cerebral palsy caused by severe HIE injury during birth. This is just one example of our successful track record in handling HIE cases and obtaining justice and substantial compensation for victims.

Our goals remain fixated on securing the justice and resources necessary to rebuild victims’ lives and provide a brighter future!

Secure a Better Future for Your Family Today

You owe it to your loved ones affected by an HIE birth injury to seek justice and the deserved compensation necessary to ensure smooth care without financial worries.

The good news is that you don’t have to navigate the legal journey alone. Our compassionate and experienced legal HIE lawyers are here to guide you every step of the way.

For more information, call Sommers Roth & Elmaleh at 1-844-940-2386 or contact us online to discuss tested strategies to hold those responsible accountable and secure your deserved compensation.