Hypoxic Ischemic Encephalopathy (HIE) Resources

Legal Help for HIE

Legal Help | Michigan HIE Lawyers

Each of the following sections includes important information about medical malpractice, hypoxic ischemic encephalopathy cases and birth injury law. Click on each expandable title to learn more from the award-winning Detroit, Michigan HIE lawyers at Reiter & Walsh, P.C.

Legal Help for Your HIE Case

At Reiter & Walsh ABC Law Centers, we understand how overwhelming a hypoxic ischemic encephalopathy diagnosis can feel. Families are often left without important answers regarding the cause of their child’s birth injury, the resources available for rehabilitation, or the funds necessary to ensure their child’s well-being. While adapting to your new lifestyle will take time and care, we hope the information on this page will serve as a preliminary support system—here, we will offer an accessible explanation of hypoxic ischemic encephalopathy (HIE), provide details about your legal options and point you in the direction of some valuable HIE and disability resources.

Where to Start

Contacting a birth injury attorney is the first step in securing a better life for your loved one with hypoxic ischemic encephalopathy. This year alone, thousands of parents will have babies diagnosed with HIE from medical malpractice. Unfortunately, the majority of these families will never reach out for legal help, thereby missing the opportunity to learn how their child’s injuries occurred and secure the important funds necessary for future care and rehabilitation.

No matter where you are in the process, we are here to help. If one of the following scenarios applies to you, a family member, a friend, or another loved one, we encourage you to reach out to our Michigan HIE lawyers with your legal questions, concerns, and case inquiries:

  • You know a baby who was diagnosed with HIE, cerebral palsy, brain damage, or another birth injury
  • A complication or error occurred during pregnancy, labor, delivery, or the neonatal period and you are worried about the baby’s health
  • Your baby is in the NICU and you feel as though a medical mistake occurred
  • You suspect that medical professionals failed to meet standards of care
  • Your child is missing developmental milestones

Why Should I Pursue Legal Help for My HIE Case?

Providing care for an individual with hypoxic ischemic encephalopathy is both financially and emotionally demanding. Because the associated injuries and disabilities of HIE are often so imposing, it is unfortunate to note how many cases of hypoxic ischemic encephalopathy result from acts of negligence on the parts of medical professionals. Regrettably, most of these individuals with lifelong disabilities from hypoxic ischemic encephalopathy will never inquire about their legal options, and fewer will ever pursue legal action.

Pursuing legal action for your hypoxic ischemic encephalopathy case is the first step towards a life of equal opportunity, rehabilitation and well-being for your injured loved one. Compensation from a successful medical malpractice lawsuit will allow your family to more easily afford the support and care you need, including special education, treatment, therapy, adaptive equipment, recreational opportunities, housing, alternative guardianship, care and more. When our HIE attorneys secure a settlement for clients with permanent birth injuries and HIE, they work closely with economists, life-care planners and other experts to determine exactly what resources your family will need to live comfortably.

Medical Malpractice and Birth Injury

What is Medical Malpractice?

Medical malpractice occurs when a medical professional deviates from the standard of care, and that deviation causes injury or harm to the patient. Medical malpractice is also commonly called medical negligence

Medical Malpractice, Pregnancy and Newborns

Any patient can fall victim to medical malpractice, but newborns are particularly vulnerable to medical mistakes. In fact, a recent study found that among thirteen developed countries, the United States has the third greatest post-neonatal mortality rate and the greatest infant mortality rate. Estimates indicate that birth injuries affect nearly 30,000 infants annually.

Medical errors that occur during pregnancy, during labor and delivery, or in the neonatal period often result in life-changing or fatal injuries to both the mother and the baby. Often, these medical errors cause hypoxic ischemic encephalopathy. Many children with HIE go on to live with cerebral palsy, seizures and epilepsy, learning disabilities intellectual and developmental disabilities (I/DD), movement disorders and more.

How Are HIE Cases Different Than Other Medical Malpractice Cases?

Birth injury cases are both highly specific and complicated. Unlike other general medical malpractice cases, it is important that your HIE attorney knows and understands not only what can happen to a baby during the birthing process, but also the care a physician must provide before and after birth. An attorney must be experienced in  the medicine and medical literature  applicable to pursuing a birth injury case.

HIE attorneys must be able to access and interpret medical records, and obtain the support of qualified experts. These practicing experts and medical professionals often include obstetrics and gynecology doctors, maternal-fetal medicine doctors, forensic document examiners, placental pathologists, neonatologists, respiratory therapists, pediatric neurologists, pharmacologists, neuroradiologists, neuropsychologists, neurosurgeons, pediatric surgeons, anesthesiologists, genetics experts, infectious disease experts, economists, physical medicine and rehabilitation doctors, and many others.  The support of well-qualified experts is crucial to successfully pursuing an HIE medical malpractice case.  These experts define the standard of care that is required to be provided to the individual mother and baby, and define the future care that will be required.

Do I Have an HIE Case?

Determining whether a child’s hypoxic ischemic encephalopathy is the result of medical negligence is crucial in determining eligibility for compensation permitted by the law. Regretfully, a number of families avoid medical malpractice litigation for different reasons—some fear confrontation, some feel they don’t have the resources, some simply feel overwhelmed, and others doubt they have a case. The best—and only—way to find out if you have a cerebral palsy case is to reach out to an attorney for a legal consultation.  An experienced birth trauma attorney will do a thorough investigation of the medical records and review the case with expert medical professionals to determine whether negligent care was the cause of a child’s cerebral palsy.

Because all cases involve unique facts and injuries, result from varying instances of medical malpractice, and take place in different states, no two cases look alike. Every day, the Reiter & Walsh, P.C. birth injury team helps people determine whether or not they have a case free of charge. Our cerebral palsy attorneys and labor and delivery nurses gather medical records and important information about each specific prospective client in order to determine if medical malpractice occurred.

Before filing a medical malpractice case, our HIE attorneys contact a wide range of experts and medical professionals to confirm negligence. These practicing experts and medical professionals often include all obstetrics and gynecology doctors, maternal-fetal medicine  doctors, forensic document examiners, placental pathologists, neonatologists, respiratory therapists, pediatric neurologists, pharmacologists, neuroradiologists, neuropsychologists, neurosurgeons, pediatric surgeons, anesthesiologists, genetics experts, infectious disease experts, economists, physical medicine and rehabilitation doctors, and many others.

Choosing an HIE Attorney

Birth trauma cases—hypoxic ischemic encephalopathy cases in particular—take time due to complexity of the medicine and law.  For these reasons, it is crucial that you carefully choose an attorney and a law firm with specific, extensive experience with birth trauma and HIE cases, great communication skills, a strong client and professional network, peer recognition of their expertise , and a successful resume of past verdicts and settlements.

In this section, we’ll provide a few tips to keep in mind when searching for the best HIE attorney for your case. For more complete guidelines for choosing the HIE lawyer that works best for you, visit this page.

  • Do the majority of your HIE attorney’s verdicts, settlements and cases relate to birth injury? More specifically, are they HIE cases?
  • Many attorneys will advertise for birth injury services even though they do not directly handle these cases. Check out your prospective HIE attorney’s verdicts and settlements pages to ensure that he or she wins hypoxic ischemic encephalopathy and birth injury cases, not other kinds of injury cases.
  • Does your prospective HIE attorney’s law firm have on-staff obstetrical, labor and delivery nurses? An in-house nursing staff will have knowledge that is crucial for understanding medical records, interpreting fetal heart tracings and winning HIE cases. In-house nurses are particularly important for birth asphyxia cases.
  • Does your prospective HIE attorney specifically and solely handle birth injury and HIE cases?
  • Have you discussed payment policies with your HIE attorney? Make sure you will not be charged until a successful settlement is reached.
  • Will your HIE attorney handle your case personally? Many firms advertise for birth injury cases, but then refer them to outside niche law firms. If your HIE case ends up in a referral firm, you will likely have less communication and reliability with the HIE attorney handling your case.
  • How much legal experience does your prospective HIE attorney have? What portion of this experience relates to birth injury law and HIE cases?
  • What percentage of cases does your prospective HIE attorney win?
  • What awards, credentials, accomplishments and memberships does your HIE attorney have?
    • Membership:
      • Is your HIE attorney in the Birth Trauma Litigation Group (BTLG)?
      • Is your HIE attorney in the American Association for Justice (AAJ)?
      • Is your HIE attorney in the Michigan Association for Justice (MAJ)?
      • Is your HIE attorney in the Million Dollar Advocates Forum?
    • Ratings:
      • Does your HIE attorney have an Avvo 10.0 Rating?
      • Is your HIE attorney featured in Best Lawyers?
      • Is your HIE attorney featured in Super Lawyers?
      • Is your HIE attorney featured in Leading Lawyers Network?
      • Is your HIE attorney featured in The Best Lawyers in America?
      • Does your HIE attorney have a Martindale-Hubbell AV Preeminent Rating?
    • Leadership Positions
      • Does your prospective HIE lawyer serve as a leader in his or her membership groups? Leadership positions include Chair, Speaker, President, Vice President and more.
  • Does your HIE attorney have specific plans to communicate case details with you?
  • Does your HIE attorney take on challenging cases?
  • Does your prospective HIE attorney have experience litigating the specific complications, errors and instances of malpractice that caused your loved one’s birth injuries and HIE?
  • Does your HIE attorney have a strong professional network? Active participation in groups such as the Birth Trauma Litigation Group (BTLG) and the American Association for Justice (AAJ) gives birth injury attorneys a huge advantage, keeps them on the cutting edge of legal practices and gives them access to important knowledge and materials.
  • Do you feel confident with your HIE attorney’s interpersonal skills?
  • Does your HIE attorney have a stellar reputation among clients and colleagues?

Our Experience | Award-Winning Michigan HIE Lawyers

Hypoxic ischemic encephalopathy is a medically complex diagnosis that comes with significant emotional and financial burdens. To alleviate some of these burdens, our Michigan HIE lawyers are committed to providing clients with close, communicative support and unparalleled legal services. Our team, which comprises both legal and medical birth trauma experts, has handled numerous hypoxic ischemic encephalopathy and birth trauma cases throughout the years and is both highly and specifically skilled in this realm.

Reiter & Walsh handles cases in Michigan, Ohio, Washington, D.C. and throughout the nation with exceptional results. Our knowledge and experience is backed by our outstanding record of verdicts and settlements. We give personal attention to each each child and family we represent so we can fully understand the lifelong needs of the child. We help families throughout the country and our Michigan HIE lawyers are available 24/7 to speak with current clients as well as anyone needing answers about birth injuries.

To read more about our experience, please visit the following pages:

Our Past HIE Cases and Settlements

A wide number of medical mistakes and obstetrical complications can cause HIE, and HIE commonly causes cerebral palsy, permanent brain damage, seizures and a number of other lifelong injuries and disabilities. As you’ll learn in this section, every HIE case is unique and involves its own specific causes, complications, instances of medical malpractice, and injuries. Below are some of the multi-million dollar HIE cases our birth injury attorneys have won over the years.

  • $6.9 million for a child with HIE and cerebral palsy from a delayed emergency C-section
  • $6.15 million for a child with HIE and permanent brain damage from a nuchal cord, vacuum extractor injuries, a delayed emergency C-section and a fetal stroke
  • $4.75 million for a baby with HIE and cerebral palsy from umbilical cord compression, fetal monitoring errors, Pitocin mistakes and the failure to order and perform a timely C-section
  • $4.75 million for a baby with HIE, cerebral palsy, fetal oxygen deprivation and intellectual and developmental disabilities (I/DD) from mismanaged labor, preeclampsia and post-term delivery
  • $3.9 million for a child with HIE and cerebral palsy from a delayed emergency C-section, mismanaged maternal genital herpes, gestational diabetes, macrosomia, scabies and meconium aspiration
  • $3.9 million for a child with HIE, cerebral, and intellectual and developmental delays (I/DD) from mismanaged face presentation and improper fetal monitoring
  • $3.85 million for a boy with HIE, seizures, cerebral palsy and feeding difficulties from a mismanaged high-risk pregnancy, intrauterine growth restriction (IUGR) and improper fetal monitoring
  • $3.75 million for a baby with cerebral palsy, cognitive impairments, developmental delays and HIE from Cytotec misuse and a delayed emergency C-section
  • $3.75 million for a baby with HIE, cerebral palsy and cognitive impairments from a mismanaged vaginal birth after c-section (VBAC) delivery and umbilical cord compression
  • $2.1 million for a twin with HIE, cerebral palsy and developmental delays from anesthesia mistakes, epidural mistakes, umbilical cord prolapse and delayed delivery
  • $2 million for a twin with HIE, speech delays and developmental delays from umbilical cord prolapse, anesthesia errors, maternal hypotension and delayed delivery

To read more about these specific HIE cases and other birth injury cases, visit this page.

Free Case Review

Michigan HIE Lawyers | HIE Help Center™ for Hypoxic Ischemic EncephalopathyWe understand how emotionally and financially demanding a diagnosis of hypoxic ischemic encephalopathy can be. Our Michigan hypoxic ischemic encephalopathy (HIE) lawyers are committed to alleviating some of this stress. Whether your loved one’s permanent injuries were caused by hypoxic ischemic encephalopathy or a different birth injury, our birth injury attorneys can help.

To begin your free case review, please contact a Michigan HIE attorney from our legal team in whichever way best suits your needs. Should we take your case, you will never be charged until we win or settle in your favor.

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Email: EThomas@abclawcenters.com

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