HIE Lawyers Helping Massachusetts Families

When a newborn suffers hypoxic-ischemic encephalopathy (HIE), a type of brain injury caused by oxygen deprivation before, during, or shortly after delivery, families can face a lifetime of uncertainty, emotional strain, and significant medical needs.

HIE can happen when physicians, nurses, or hospital staff fail to meet the accepted standards of care during labor, delivery, or neonatal treatment. If you suspect that your child’s HIE was the result of medical negligence, contact us. You may have the right to pursue a lawsuit to secure the resources needed for your child’s ongoing care, therapy, and quality of life.

At ABC Law Centers, our HIE lawyers help Massachusetts families by focusing exclusively on birth injury cases, including those involving HIE. For over 25 years, we have represented families nationwide to hold negligent providers accountable and obtain the compensation children deserve.

• Medical negligence: Your child’s HIE may have been caused by medical negligence during labor and delivery. This can look like a delayed c-section, or failure to address fetal distress.
• Exclusive focus: ABC Law Centers focuses exclusively on birth injury lawsuits, including a diagnosis of HIE from birth.
• Statute of Limitations: In Massachusetts, there is a 3-year statute of limitations to file an HIE lawsuit. A special rule allows filing until the child’s 9th birthday if they were injured before age 6. There is also a 7-year statute of repose, a pre-suit 182-day notice, and a mandatory medical malpractice tribunal.
• How we help families: Compensation from a lawsuit can cover medical care, therapies, and home modifications your child will need for life.
• No Fee Unless We Win: Starting with a free consultation, you pay nothing unless we win a verdict or settlement in your favor.

The team at ABC Law Centers has vast experience handling HIE cases involving negligent obstetric or neonatal care that resulted in preventable oxygen deprivation and brain injury. We perform a thorough investigation to help find strong evidence to support your legal case. One of the first legal elements we must prove in your HIE lawsuit is showing how the medical professionals involved in your child’s birth were negligent. 

• Delayed or missed emergency C-section
  
• Failure to respond to fetal distress signs
  
• Mismanagement of umbilical cord prolapse or compression
  
• Untreated maternal or newborn infections
  
• Excessive contractions from improper use of Pitocin or Cytotec
  
• Delayed or inadequate newborn resuscitation
  
• Misdiagnosis or delayed diagnosis of HIE
  
• Delays in initiating therapeutic hypothermia (cooling therapy)
  

We must also gather medical documents to prove an HIE diagnosis based upon symptoms, test results, and other relevant factors.

• APGAR scores well below normal at one and five minutes
  
• Newborn seizures within the first days of life
• Extended NICU stay (especially over one week)
  
• Muscle tone abnormalities, feeding difficulties, or abnormal reflexes
  
• Developmental delays during infancy
  

We understand and comply with all state requirements related to medical malpractice cases. Massachusetts imposes some of the strictest obligations on these cases. It is critical to work with a firm that has the experience and resources needed to successfully resolve these complex cases.

HIE cases involve both complex medicine and intricate legal procedures. Massachusetts law sets unique requirements for birth injury claims, and missing a step, or a deadline, can jeopardize your case.

Massachusetts sets a three-year filing deadline in most general medical malpractice lawsuits. The clock starts to tick on the date the injury occurred, was discovered, or should have been discovered. However, there is a special rule for young children who are injured. If the injury happened before the child turned six, the family has until the child’s ninth birthday to file a malpractice lawsuit. 

There is also a seven-year statute of repose in these cases. This means that regardless of when the injury was discovered, no case can be filed more than seven years after the malpractice occurred. Like most laws, there are a few exceptions such as in the rare cases where surgical objects are left in the patient’s body and not discovered within the seven-year timeframe. 

These timelines can be complicated by questions about when the injury was “discovered” or whether certain exceptions apply. Our attorneys work with Massachusetts local counsel to review your case immediately, determine which deadlines apply to your situation, and work to make sure no filing deadlines are missed.

In medical malpractice cases, Massachusetts law requires families to send the healthcare provider a 182-day written notice before filing a malpractice lawsuit. This notice must include a statement of the facts, the applicable standard of care, how it was breached, and how the breach caused harm. In some urgent cases, this period may be shortened to 90 days.

Our legal team can prepare this notice and follow the necessary steps to comply with the law and meet this additional requirement before your lawsuit is initiated.

Once a malpractice case is filed, Massachusetts requires it to be reviewed by a medical malpractice tribunal. This is a three-member panel consisting of a judge, an attorney, and a licensed physician. The tribunal reviews the plaintiff’s “offer of proof” to determine whether there is sufficient evidence to justify proceeding to trial. If the tribunal finds the case lacks evidence, the plaintiff may continue the lawsuit only by posting a significant bond.

Most parents are unfamiliar with these steps, but our legal team handles them regularly. We can prepare the notice letter, gather the necessary expert testimony, assemble the medical records, and present a compelling case to the tribunal. While we handle the heavy legal lifting, you can focus on your child’s health and care needs.

• Birth Injuries are Our Exclusive Focus: Since 1997, we have devoted our practice entirely to birth injury law.
  
• National Recognition: Our attorneys have been honored by U.S. News & World Report – Best Law Firms in America, Best Lawyers in America, and Super Lawyers.
  
• Proven Results: We have secured multiple multi-million-dollar verdicts and settlements for children with HIE.
  
• Collaborative Approach: We work with respected Massachusetts co-counsel and top medical experts nationwide.
  
• Compassionate Representation: We listen to your story, explain your legal options in plain language, and keep you informed at every stage.

Children diagnosed with HIE often require immediate, advanced medical intervention, possibly including cooling therapy to reduce brain injury. Massachusetts is home to several highly regarded NICUs.

Level IV NICU:

• Boston Children’s Hospital – Boston
  

Selected Level III NICUs:

• Brigham and Women’s Hospital – Boston
  
• Mass General for Children – Boston
  
• Tufts Medical Center – Boston
  
• Beth Israel Deaconess Medical Center – Boston
  
• UMass Memorial Medical Center – Worcester
  
• Baystate Medical Center – Springfield
  
• Boston Medical Center – Boston
  
• South Shore Hospital – South Weymouth
  
• Beverly Hospital – Beverly
  

Even in these advanced facilities, delays in diagnosis, monitoring, or treatment can lead to preventable harm. Our attorneys can review your medical records with leading neonatology and neurology experts to determine whether mistakes occurred in your child’s care.

Caring for a child with HIE can be challenging, but Massachusetts offers a strong network of organizations and services to help with medical, developmental, and educational needs.

• Massachusetts Early Intervention (EI) Program – Provides services for children from birth to age 3 who have or are at risk for developmental delays.
  
• Department of Developmental Services (DDS) – Offers family support, service coordination, and access to state-funded programs for children with qualifying disabilities.
  
• Family TIES of Massachusetts – A statewide network offering parent-to-parent support, a resource directory, and connections to advocacy services.
  
• Federation for Children with Special Needs (FCSN) – Provides training, workshops, and assistance navigating special education and healthcare systems.
• The Arc of Massachusetts – Advocates for individuals with intellectual and developmental disabilities and their families through statewide programs and local chapters.

We are ready and willing to represent families across the Commonwealth, including:Boston ▪ Worcester ▪ Springfield ▪ Cambridge ▪ Lowell ▪ Brockton ▪ Quincy ▪ Lynn ▪ New Bedford ▪ Fall River ▪ Newton ▪ Somerville ▪ Framingham and surrounding communities.

No matter where you live, our attorneys will travel to meet you and collaborate with local Massachusetts counsel. We handle the legal complexities so you can focus on your child’s well-being and care.

An HIE diagnosis is life-changing, but you do not have to face the legal and financial challenges alone. At ABC Law Centers, we promise to:

• Listen to your story with compassion and without judgment
  
• Explain your rights and options clearly
  
• Manage every legal step, from investigation to tribunal to trial
  
• Fight for compensation that will provide lifetime security for your child
  

We offer free consultations and charge no fees unless we win. Call us at (248) 593-5100 or contact us online to tell us your story.