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The arrival of a newborn is a time of joy and celebration for families. The instant your baby takes their first breath and cries is a moment no parent will ever forget. Unfortunately, not all parents get to experience that moment; instead, they hear the raised voices of medical professionals intervening in a medical emergency.
Birth injury lawsuits, including those for hypoxic-ischemic encephalopathy (HIE), are among the most complex types of cases in the civil system. Families seek justice for injuries to their baby’s brain and child’s health, as oxygen deprivation during birth can have lifelong consequences.
A birth injury changes the entire trajectory of your family plans. At The Law Office of Kelley J. Johnson, our compassionate birth injury legal team understands the confusion and stress that families face during this challenging time. Choosing an experienced birth injury attorney for your birth injury lawsuit is one of the most important decisions you may ever make, especially for complex cases like HIE. With over 20 years of experience, Indianapolis HIE lawyer Kelley J. Johnson offers personalized legal advice and emotional support to help you move forward in pursuing justice and compensation for your family.
If you believe poor medical care caused a birth injury like hypoxic ischemic encephalopathy, contact our office for a free legal consultation.
How Our Experienced Indianapolis HIE Lawyer Can Help You
When you work with The Law Office of Kelley J. Johnson, you get a legal team with a singular focus: medical negligence. Our team focuses on cases involving medical malpractice and birth injuries, a complex area of the legal field. That means you get a team with over 20 years of experience who can help you handle your claims against healthcare providers and understand how the Indiana Patient’s Compensation Fund can impact your pursuit of fair compensation for your child’s injuries. An experienced hypoxic-ischemic encephalopathy lawyer can simplify the lawsuit process by handling all legal work for your family.
When you work with Attorney Kelley J. Johnson and her team, you can expect responsive and customized legal advice and someone who will listen to your concerns and treat you like family.
As a birth injury lawyer in Indianapolis for HIE cases, Attorney Johnson can help you by:
- Thoroughly reviewing your situation and your child’s medical records
- Investigating the cause of your child’s HIE birth injury
- Investigating the circumstances surrounding your child’s injuries and condition
- Consulting medical experts to support your claim
- Help you plan for long-term care needs for your child
- Access support resources and advocacy groups for your family
- Build a compelling medical malpractice claim
- Aggressively negotiate for maximum compensation
- Prepare a case for court when necessary
Parents in a similar position say they received the legal and moral support they needed from the team at The Law Office of Kelley J. Johnson. A previous client says:
“Kelley, Janet, and the entire team were incredibly supportive, informative, and thorough throughout our case. We chose them over other options because of their approach, which recognized us as individuals, not just as victims seeking justice. They guided us through every step of the process, ensuring we were well-prepared at all times. Their responsiveness to our questions was commendable, and they consistently outperformed opposing counsel with their preparedness.”
When selecting a hypoxic-ischemic encephalopathy lawyer, families should ask about the lawyer’s experience with birth injury cases and their history of successful birth injury settlements. We offer our legal services on a contingency-fee basis, so you won’t pay attorney fees unless we successfully resolve your claim. Call today to learn more.
What Is Hypoxic-Ischemic Encephalopathy (HIE)?
Hypoxic-Ischemic Encephalopathy is a brain injury that occurs when the brain does not get enough blood, which means it also does not get enough oxygen. HIE is a type of birth asphyxia that can cause serious damage to the infant’s brain. When the brain is starved of blood and oxygen, cells are damaged and can die, which in turn alters the brain’s functioning.
The severity of HIE depends on the duration of the deprivation of blood and oxygen. Infants with mild HIE may make a complete recovery and not face long-term complications of the condition. Moderate and severe cases of HIE can lead to significant cognitive and physical impairments, disabilities, and even death.
Common Causes of HIE in Birth Injuries
HIE is caused by blood or oxygen deprivation shortly before, during, or after birth. Complications during the labor and delivery process, including issues with the baby’s neck such as a nuchal cord (when the umbilical cord wraps around the baby’s neck), can compromise oxygen supply to the baby’s brain. Many issues stem from problems with the lifeline between mother and child, the umbilical cord, such as a prolapse or compression, or when the placenta separates from the uterus.
HIE is commonly caused by preventable birth injuries and medical errors during pregnancy and delivery. Issues during birth that can affect the umbilical cord or cause an interruption to the supply of blood and oxygen to the brain include the following:
- Failure to monitor fetal distress or low oxygen levels
- Delayed C-section when complications arise
- Misuse of delivery tools like forceps or vacuum extractors
- Umbilical cord issues or placental abruption
- Failure to monitor or diagnose a mother with blood pressure that is too high or too low
- Improper use of labor-inducing medications
- Untreated maternal infections that spread to the baby during delivery
- Failure to perform therapeutic hypothermia after oxygen deprivation
Many cases of HIE could have been prevented with attentive medical care, allowing families to pursue a medical malpractice lawsuit to recover compensation.
Research estimates suggest that as many as one to six out of every 1,000 births in the U.S. are affected by HIE.
Warning Signs and Symptoms of HIE in Newborns
Warning signs of HIE in infants immediately during or after birth can include the following:
- Seizures
- Difficulty breathing
- Abnormal breathing patterns
- Blue skin tone
- Low heart rate
- Low muscle tone
- Poor reflexes
- Weak cries
Seeking immediate medical attention at the first sign of HIE symptoms is crucial to help prevent further damage to the brain and other internal organs. In some instances, decreased blood flow and oxygen to certain parts of the brain can also cause issues with the heart, lungs, and kidneys. Failing to recognize the signs of HIE or delaying treatment can cause permanent brain damage and lead to developmental delays, impaired cognitive function, physical impairments, and potentially death. However, some complications associated with HIE may not become apparent until the child is older or reaches school age.
Living with HIE: Long-Term Impact on Families
Living with hypoxic-ischemic encephalopathy (HIE) can reshape every aspect of a family’s life. When a child is diagnosed with hypoxic ischemic encephalopathy, families often face a future filled with ongoing medical treatment, therapy sessions, and the need for specialized care. The effects of ischemic encephalopathy can range from mild developmental delays to severe brain damage, resulting in permanent injury and significant cognitive impairments. Many children with HIE require physical, occupational, and speech therapy to help them reach developmental milestones and improve their quality of life.
The emotional and financial toll of caring for a child with hypoxic ischemic encephalopathy can be overwhelming. Parents may experience stress, anxiety, and grief as they adjust to their child’s needs and the challenges of managing a neurological disorder.
HIE Treatment and Care Options
Treatment for hypoxic-ischemic encephalopathy is highly individualized, depending on the severity of the brain injury and the specific needs of the child. Medical professionals may recommend therapeutic hypothermia, or cooling therapy, as an early intervention to help minimize brain damage in newborns diagnosed with HIE. This treatment can be critical in the first hours after birth to protect brain cells and improve long-term outcomes.
Beyond initial medical care, children with HIE often benefit from a comprehensive approach that includes physical therapy to enhance movement and muscle coordination, occupational therapy to support daily living skills, and speech therapy to address communication and feeding difficulties. Early intervention is key to helping children achieve important developmental milestones and maximize their potential. In some cases, medications may be prescribed to manage symptoms such as seizures or muscle stiffness. Working closely with a team of medical professionals ensures that each child receives a tailored treatment plan designed to support their unique journey and promote the best possible quality of life.
Proving Medical Malpractice in HIE Cases
Proving medical malpractice in HIE cases can be challenging and requires the experience and resources of a skilled Indianapolis hypoxic-ischemic encephalopathy attorney. HIE attorneys have extensive experience handling birth trauma and birth injury lawsuits for families of a child born with HIE. Proving medical malpractice is more than just showing that a mistake or error occurred during birth. Certain medical errors are considered medical malpractice, and families can pursue legal action for a child’s birth injury when negligence leads to harm. It requires proof that the medical practitioner provided substandard care. You must use evidence to show that a similarly trained doctor in similar circumstances wouldn’t have made the same mistakes or errors.
Understanding the circumstances surrounding the injury is crucial, and a strong HIE legal team should include medical professionals, such as nurses or medical consultants, to interpret complex medical records. Establishing liability and showing that a practitioner was negligent in the care of the mother or infant requires a case built on solid evidence, which may include:
- Medical records
- Witness statements
- Expert medical witness testimony
- Medical expenses and bills
- Photos, videos, or text messages
- Correspondence with the healthcare provider or an insurer
The last thing you want to worry about is preserving evidence. Your newborn needs you, which is why you need an Indiana HIE birth injury attorney.
Why Hire an Indianapolis HIE Lawyer
An HIE lawyer in Indianapolis can work with expert witnesses to build a claim that supports your legal claim. At The Law Office of Kelley J. Johnson, our team understands the lifelong effects HIE can have on your child. We’ll fight for you because your family deserves fair compensation that can help you provide for the medical and caregiving needs of your child today and into the future.
Contact our office now to arrange a free case review.
