Orlando Hypoxic-Ischemic Encephalopathy (HIE) Attorney
Claims for Hypoxic-Ischemic Encephalopathy (HIE) Injuries
At the Law Offices of Michael Barszcz, M.D., J.D., located in Orlando, we understand the devastating impact that Hypoxic-Ischemic Encephalopathy (HIE) can have on the lives of families and their children. If your child has suffered from HIE due to medical negligence or malpractice, our dedicated team of Orlando HIE lawyers is here to help you seek justice and pursue the compensation you deserve.
What is Hypoxic-Ischemic Encephalopathy (HIE)?
Hypoxic-Ischemic Encephalopathy (HIE) is a serious birth injury that occurs when a baby's brain doesn't receive enough oxygen and blood flow before, during, or after birth. This lack of oxygen can result in severe and long-term neurological damage, impacting the child's physical and cognitive abilities.
HIE can have lifelong consequences, often resulting in permanent conditions like cerebral palsy, which require ongoing medical care and support.
What Causes HIE?
Hypoxic-Ischemic Encephalopathy (HIE) can be caused by various factors that result in a lack of oxygen and blood flow to the baby's brain. The following are some common causes of HIE:
- Birth Asphyxia: It occurs when the baby experiences difficulty breathing during the labor and delivery process. This can happen due to factors such as a compressed umbilical cord, placental abruption (separation of the placenta from the uterus), or an inadequate supply of oxygen during labor.
- Uterine Rupture: In rare cases, the uterus can rupture during labor, leading to significant bleeding and oxygen deprivation to the baby.
- Prolonged Labor: When labor lasts longer than usual, the baby may experience prolonged pressure on the head, resulting in reduced oxygen supply.
- Placental Insufficiency: If the placenta is unable to provide sufficient oxygen and nutrients to the baby, it can lead to HIE. Factors such as placental abruption, placental infection, or placental blood vessel problems can contribute to placental insufficiency.
- Medical Negligence: In some cases, HIE can occur due to medical negligence or errors during prenatal care, labor, or delivery. Examples include failing to monitor the baby's vital signs, delays in performing a necessary C-section, improper use of delivery instruments, or administering incorrect medications.
Determine if You Have a Valid Legal Claim for HIE
Determining the validity of a legal claim for Hypoxic-Ischemic Encephalopathy (HIE) requires a comprehensive evaluation of the specific circumstances surrounding your child's birth and the potential negligence or malpractice involved.
An Orlando HIE lawyer will review medical records, consult with experts, and consider relevant legal factors to determine the strength of your claim.
Key factors that may contribute to the validity of a legal claim for HIE:
Standard of Care: Your lawyer will assess whether the healthcare provider or medical facility involved in your child's birth adhered to the accepted standard of care. If there was a breach of the standard of care, such as failing to monitor vital signs or provide appropriate interventions during labor and delivery, it may indicate negligence.
Causation: It must be established that the negligence or malpractice directly caused or significantly contributed to your child's HIE. This often requires expert medical testimony and a thorough review of the medical records and events leading up to the birth.
Evidence of Negligence: Your lawyer will gather evidence, such as medical records, witness statements, and expert opinions, to support your claim of negligence or malpractice. This evidence should demonstrate that the healthcare provider's actions or omissions fell below the standard of care, leading to your child's HIE.
Damages: Your child must have suffered damages as a result of the HIE. These damages may include medical expenses, ongoing care and treatment, therapy and rehabilitation costs, pain and suffering, emotional distress, and future economic losses.
Statute of Limitations: There are time limitations for filing a legal claim, known as the statute of limitations. For medical malpractice claims involving minors, the two-year period typically starts running on the child's eighth birthday. However, in no event can a claim be filed more than seven years after the date of the alleged malpractice. It's essential to consult with an attorney promptly to ensure you meet the deadlines set by the law.
Get Help with Your HIE Claim in Florida
Consult with our Orlando HIE attorneys in Florida to ensure you understand the specific time limitations that apply to your case. We will be able to review the details of your situation and provide accurate guidance regarding the statute of limitations and any potential exceptions or extensions that may be applicable. Our team will help you through the HIE claims process to receive the compensation you deserve.
Contact us today for a free consultation!
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