Symptoms & Long-Term Effects of HIE
The symptoms and long-term effects of hypoxic ischemic encephalopathy can vary greatly depending on the severity of the condition. Our New Mexico HIE lawyers work with medical experts to understand the full extent of how HIE has affected your child’s health, as well as what complications it might cause in the future.
Symptoms of HIE may include:
- Difficulty with feeding or swallowing
- Lethargy or low energy levels
- Seizures
- Low muscle tone or weakness
- Respiratory distress or difficulty breathing
- Low or high heart rate
- Abnormal reflexes
- Poor responsiveness to stimuli
Long-term effects of HIE can include:
- Developmental delays
- Cognitive impairments
- Physical disabilities
- Epilepsy
- Cerebral palsy
- Visual and hearing impairments
- Behavioral issues
- Difficulty with speech and language
- Learning disabilities
For moderate-to-severe HIE, the standard treatment after birth is therapeutic hypothermia, commonly called cooling therapy. This intervention can reduce ongoing brain cell death when initiated promptly, making immediate medical response and careful documentation of the delivery timeline critical to both your child’s care and any future legal claim.
How Medical Malpractice Causes HIE
Medical malpractice can contribute to HIE in several ways, often stemming from a failure to properly monitor or respond to signs of fetal distress. During labor and delivery, healthcare providers are responsible for closely monitoring the mother and unborn baby’s vital signs, including the baby’s heart rate, the mother’s blood pressure, and other indicators of overall health. Abnormalities in these signs can indicate a problem like oxygen deprivation, which, if left unaddressed, can lead to HIE.
Common scenarios in which medical malpractice can result in HIE include:
- Failure to detect fetal distress: If an unborn child’s heart rate is too high or too low, it can indicate that they’re not getting enough oxygen. Medical professionals who fail to detect or act upon these signs may be liable for any resulting injuries or disabilities.
- Delay in performing a C-section: In certain situations, a cesarean section (C-section) may be necessary to prevent oxygen deprivation, such as when prolonged labor has put both the unborn child and the mother in danger. A delayed decision can deprive the baby of oxygen for too long.
- Neglecting maternal health conditions: Maternal health conditions such as preeclampsia can increase the risk of HIE. Providers who fail to properly identify and respond to these conditions could be held accountable.
- Improper use of birth-assisting tools: Tools like forceps and vacuum extractors can help during a difficult delivery, but if used improperly, they can cause a range of injuries and complications that contribute to oxygen deprivation.
- Failure to resuscitate after birth: Inadequate or delayed oxygen support for a newborn immediately after delivery can cause or extend neonatal brain injury, even when labor itself proceeded without clear incident.
Your Rights If Medical Errors Caused Your Child’s HIE
If medical errors caused your child’s HIE, you may have several legal rights and options to try to set things as right as possible. Seeking compensation for the harm caused to your child and holding responsible healthcare providers accountable through legal action are important avenues to explore.
In New Mexico, parents can file a birth injury claim or medical malpractice lawsuit if they believe their child’s HIE was caused or made worse by negligence or mistakes by medical professionals. The purpose of this lawsuit is to seek compensation for various damages and losses, such as medical bills, future care costs, pain and suffering, and more. Recoverable damages can also include rehabilitation and therapy costs, special education needs, assistive technology, and loss of future earning capacity.
To succeed in a medical malpractice claim related to HIE, you generally need to prove four elements:
- The healthcare provider owed a duty of care to the patient (you and your child).
- The provider breached that duty, usually by failing to meet accepted medical care standards.
- The breach directly resulted in injury or harm, such as causing HIE.
- The harm led to specific damages, like pain, suffering, disabilities, and financial losses.
New Mexico law also sets specific deadlines for filing these claims. Under the New Mexico Medical Malpractice Act, the general statute of limitations is three years from the date of the act of malpractice. For children under age 6, New Mexico law tolls the statute of limitations until the child’s 9th birthday, and older minors generally have until one year after turning 18 to file. If the care was provided at a state-operated facility or by a state-employed provider, different rules under the New Mexico Tort Claims Act may apply, including a two-year filing window. Because these deadlines vary by circumstance, consult an HIE lawyer as soon as possible to understand the timeline that applies to your family’s situation.
One additional procedural step applies to many New Mexico medical malpractice claims: before filing suit against a qualifying independent provider, families are generally required to submit an application to the New Mexico Medical Review Commission. The parties may agree to waive the panel process, but this step can affect both timing and strategy. An experienced HIE attorney in Albuquerque can guide you through whether this requirement applies and what to expect.
At James Wood Law, we have deliberately focused our practice on complex and high-stakes medical malpractice cases, including those that involve hypoxic ischemic encephalopathy. We can help you understand your legal rights after your child was born with HIE so you can decide if you want to start a claim. If you have a valid claim to pursue and we’re the right fit for your case, we can explain the many ways we can help, such as gathering evidence, attempting to negotiate settlements with insurance companies, and representing you in court if necessary. We handle HIE cases on a contingency fee basis, meaning there are no upfront legal fees. We only get paid if we recover compensation for your family.
Demand Justice for Your Child – We Can Help
If medical errors caused your child’s HIE, reach out to James Wood Law in Albuquerque, New Mexico, today. We understand the ways that medical malpractice can result in HIE and how HIE complications might impact your child’s life, potentially permanently. Compensation may be available to cover past and future harm and losses related to your child’s HIE, and we know how to pursue it. Let us stand up for your rights and your child’s future.
Get a free consultation with James Wood Law. Dial (888) 579-3866 at any time. We can go to your home or hospital room for your convenience.
.2304190723078.png "Super Lawyers | James F. Wood")
