Louisville Fetal Monitoring Negligence Lawyers

Securing Justice for Babies Suffering Hypoxic Ischemic Encephalopathy in Kentucky

Hypoxic ischemic encephalopathy (HIE) is a type of brain injury that can occur during childbirth if there is insufficient oxygen/blood flow to the brain. A prolonged and difficult labor, childbirth complication, or other scenario that leaves the baby’s brain without sufficient oxygen can cause HIE, triggering a cascade reaction of brain cell death and permanent disabilities.

Dolt, Thompson, Shepherd & Conway, PSC holds negligent medical professionals accountable when their actions (or failure to act) cause HIE. Fighting for children across Kentucky, we pursue the level of financial compensation that will provide for an injured child’s lifelong care. We spare no effort in pursuing justice for preventable birth injuries, and we provide our legal representation with no upfront cost to our clients. Our Louisville birth injury lawyers work on a contingent fee basis, which means our clients pay nothing at all unless we recover a settlement or award on their behalf.

What is Hypoxic-Ischemic Encephalopathy (HIE)?

Hypoxic-Ischemic Encephalopathy (HIE) is the term used to describe brain dysfunction caused by a lack of oxygen and blood flow to the brain. Deprivation of oxygen in the brain can happen when there are low levels of oxygen in the blood or there is a reduced flow of oxygen to the brain. This can happen before the baby is born, during the delivery process, after the birth of the baby, and also during childhood.

Treatment for HIE

While there is no definitive treatment for HIE, there are some supportive therapies to manage and support the baby’s organs affected by the condition. These therapies are directed at sustaining the function of organs like the liver and kidney, supporting heart and blood pressure, controlling seizures, mechanical breathing for babies that cannot breathe on their own, and cooling the baby’s body temperature to reduce the risk of long-term neurodevelopmental damage.

Medical Malpractice & HIE

Not all cases of HIE are caused by medical malpractice. These are highly technical matters that require medical knowledge in order to determine whether appropriate care was rendered, and, if it was not, proof of negligence or wrongdoing. With in-house medical staff to help with case investigation and preparation, as well as access to experts in obstetrics and brain injuries, our Louisville HIE attorneys know how to link medical malpractice to hypoxic ischemic encephalopathy and pursue just compensation.

The following are examples of malpractice/negligence that could cause HIE:

• Delayed C-section
• C-section errors
• Anesthesia errors
• Failure to diagnose macrosomia or cephalopelvic disproportion
• Mismanaged shoulder dystocia
• Failure to respond to fetal distress
• Misuse of forceps or vacuum extractor
• Mismanagement of placental complications
• Mismanaged high-risk pregnancy
• Failure to diagnose/treat infection in a newborn

When to Sue for HIE

Deprivation of oxygen flow to the brain can happen for reasons other than medical negligence. Your healthcare provider has a duty to treat you according to the standard of care required to treat patients in the same circumstances. If your healthcare provider failed to notice or take appropriate steps to address any issues that caused the lack of oxygen to your baby’s brain, then you may be entitled to compensation for the damages suffered as a result of your baby’s HIE.

It may not be immediately apparent that your healthcare provider bears responsibility for your child’s HIE injury, but time is of the essence when seeking justice. A person who has suffered injury because of medical negligence has only one year from the time the injury is discovered, or should have been discovered, to file a lawsuit. The burden is on you to act swiftly if you suspect that something bad has happened because your doctor did something wrong.

Because of the time limits to file a lawsuit, it is important that you take action as soon as HIE is suspected or identified. You should contact an experienced medical negligence attorney with the resources to investigate your case and make a determination about the strength of your legal claim. At Dolt, Thompson, Shepherd & Conway, PSC, we not only have the legal expertise, we have in-house medical staff who assist in investigations and case preparations.

How Much Compensation Can You Recover for HIE?

Although it is impossible to predict the value of compensation that you are entitled to if your case succeeds, an experienced HIE attorney can help you gather evidence to support the value of damages you can claim. Depending on the severity of your child’s HIE case, they may need life-long medical care. You may be awarded damages for past and future medical bills including physical and occupational therapy, destruction of the child’s power to work and earn money in future, pain and suffering of the child, medical expenses of the mother, and also pain and suffering of the mother.

Find out what your case is worth and who is responsible by calling (502) 244-7772 or contacting us online.