Hypoxic Ischemic Encephalopathy (HIE) and Cerebral Palsy

Hypoxic ischemic encephalopathy (HIE) is a brain injury that can cause cerebral palsy (CP), a group of motor disorders. Brain damage from HIE can impact people in several different ways by causing cognitive impairments, vision and hearing issues, and/or motor difficulties. Cerebral palsy is a disorder that is characterized by a lack of motor function. CP is common in kids injured by HIE because it affects the areas of their brain responsible for movement. 


Does your child have HIE and cerebral palsy?

Medical malpractice can cause HIE and CP. If you think something went wrong during your child’s birth, you have options. Our attorneys can review your records for free.

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What is HIE?

At least 14.5% of cases of CP are related to intrapartum HIE

Hypoxic ischemic encephalopathy (HIE) is a brain injury caused by a lack of oxygen to a baby’s brain. You may see HIE also referred to as birth asphyxia, intrapartum asphyxia, or neonatal encephalopathy (NE).

HIE can be caused by many different events, conditions, and medical errors. If a baby is in distress from labor and delivery complications, that puts them at high risk of losing oxygen.

Lack of oxygen causes brain injuries

Oxygen is necessary to sustain critical cells within the body, especially brain cells. Babies receive oxygen through the umbilical cord. When they stop getting enough oxygen to their brain, brain cells begin to die. This damage to brain tissue can cause a child to have permanent disabilities, including cerebral palsy.

The extent of the brain injury depends on the:

  • How long the baby was deprived of oxygen
  • Severity of the oxygen deprivation
  • Condition of the baby prior to the oxygen-depriving event

The longer a baby suffers from oxygen deprivation, the more severe and permanent their injuries typically will be.

How are HIE and cerebral palsy related?

Two white boxes on a green background. Box 1 reads: "HIE doesn't always result in cerebral palsy, but it can. HIE can cause the brain injury that causes CP. It depends on the part of the brain that is injured." Box 2 reads: "Cerebral palsy is a group of motor disorders. Different injuries and disturbances in the brain can cause CP. One of these injuries is HIE."

HIE can cause brain damage that leads to cerebral palsy. HIE is a type of brain injury that can kill the brain cells that transfer motor signals.

Cerebral palsy is classified by motor dysfunction, often in the form of jerky, uncontrolled movements. It is a chronic disorder that can cause:   

  • muscle spasms 
  • coordination difficulties
  • Joint and bone deformities

There are different types of cerebral palsy depending on the severity and location of the brain injury. 

HIE can cause cerebral palsy depending on which part of the brain is injured.

How are HIE and cerebral palsy related?

HIE can cause the brain damage that leads to cerebral palsy. It is a form of brain injury that can kill the neurons that transfer motor signals.

Cerebral palsy is motor dysfunction caused by brain injury. It is a disorder that manifests itself in motor difficulties, including muscle spasms (in some cases) and coordination difficulties.

Whether or not HIE causes cerebral palsy depends on which part of the brain is injured.

Are HIE and CP preventable?

A green note on a green background with a checklist that reads: "Many cases of HIE and cerebral palsy are due to labor and delivery errors, including: umbilical cord complications, maternal infections, neonatal head trauma, delayed delivery, C-section mistakes and errors, other birth injuries and errors."

Yes, HIE and CP can be preventable. HIE can be caused by medical negligence. If the HIE injury leads to cerebral palsy, then that condition could have been prevented as well.

There are multiple labor and delivery complications that can lead to HIE. It is the responsibility of the medical team to recognize when a baby is in distress and not receiving enough oxygen. Medical staff can usually determine this by checking the fetal heart rate monitor, which measures the baby’s heart rate. If the care team fails to treat a baby in distress, that puts the baby at risk of losing oxygen and can lead to HIE and CP. 

Physicians are required to meet certain standards of care. In turn, patients trust medical staff with their healthcare under the assumption that their providers will do no harm. Medical staff should be held accountable when their actions:

  1. Do not meet those standards 
  2. Result in a child being permanently injured

If your child was injured by a medical error that resulted in HIE and cerebral palsy, that’s considered medical malpractice. A lawsuit can help you ensure they get the resources they need throughout their life.


“One of the things that we see time and time again is parents blame themselves and moms will blame themselves…and one of the things we tell them is, ‘It’s actually not your fault.’”

-Attorney Jesse Reiter


Should I contact a lawyer?

Yes, if your child has cerebral palsy due to a preventable birth injury, they may be eligible for financial compensation. While money cannot reverse the injustice your family endured, compensation from a lawsuit can help cover:

  • Medical treatments
  • caretaking expenses
  • assistive technology and adaptive equipment 
  • 24-hour attendant care
  • and other support your child may need

It’s very important to choose the right lawyer — one who is highly experienced in this specific type of litigation and genuinely cares about helping your family. 


Some firms do a ton of cases. And they do auto cases and dog bites and all kinds of stuff, and occasional birth injury cases. We only do this.

-Jesse Reiter, ABC Law Centers Founder & Attorney


Our attorneys have exclusively handled birth injury cases since 1997. These cases involve complex medical knowledge and sharp legal acumen, which is why our lawyers work closely with a network of leading medical, forensic, and life-care planning experts across the country. Our in-house labor and delivery nurse consultant meticulously reviews cases with our team to identify where the negligence occurred in each client’s case. 

ABC Law Centers has won numerous multi-million dollar verdicts and settlements for children diagnosed with hypoxic ischemic encephalopathy (HIE) and cerebral palsy. We see the challenges that parents of children with HIE and CP deal with on a daily basis. We dedicate ourselves to relieving families of these challenges and ensure that every child is cared for, even after their parents are gone.

What can I expect when I contact a lawyer?

When you contact ABC Law Centers for a free consultation, you will speak with one of our intake specialists who will listen to your story attentively and ask you questions about your labor and delivery. One of our birth injury lawyers will then review your information and let you know if you have a legal case. 

You may schedule your consultation for any day or time. We understand that parents have enough on their plate, which is why we accommodate your schedule, not the other way around. 

There is no obligation to work with us, even if you decide to complete a free consultation. In fact, if you decide to work with us, you pay absolutely nothing unless we win your case

Our team is happy to answer any questions you have about the intake process or legal process.

Tell us your story.

Dealing with a birth injury diagnosis can be difficult, but our attorneys can help. The ABC Law Centers: Birth Injury Lawyers team focuses exclusively on birth injury and are dedicated to earning justice for families like yours.

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Related Resources


Sources

  1. Birth Asphyxia Is Associated With Increased Risk of Cerebral Palsy: A Meta-Analysis – PMC
  2. Growth and developmental outcomes of infants with hypoxic ischemic encephalopathy – PMC
  3. Pathophysiology of cerebral palsy – PubMed