Understanding Cerebral Palsy & HIE
Many families first hear the term hypoxic ischemic encephalopathy in the hospital, often during a stressful and confusing time. HIE refers to a type of brain injury that occurs when a baby’s brain does not receive enough oxygen or blood flow for a period of time. The injury can happen before birth, during labor and delivery, or shortly after birth.
HIE can damage areas of the brain that control movement, posture, and coordination. Over time, this damage may lead to cerebral palsy, which is a group of conditions that affect how a child moves and maintains balance. Some children may also experience seizures, feeding difficulties, or developmental delays related to the original brain injury.
Not every case of cerebral palsy or HIE is caused by malpractice. However, certain medical situations increase the risk that preventable errors played a role. These can include a failure to recognize and respond to signs of fetal distress, delays in performing a medically necessary cesarean section, improper use of labor-inducing medications, or problems managing infections or umbilical cord complications.
Parents may also notice clues in the medical record or in their child’s early course of treatment that suggest a closer look is needed. Very low Apgar scores, prolonged resuscitation at birth, cooling therapy for brain injury, and an extended stay in a neonatal intensive care unit can all raise questions about whether there was a period of oxygen deprivation.
Common signs that may prompt a legal review include:
- Very low Apgar scores or a lack of crying at birth
- Emergency cesarean section after hours of concerning fetal heart tracings
- Seizures, cooling therapy, or a diagnosis of HIE shortly after delivery
- Early developmental delays or unusual muscle tone identified by pediatric specialists
Every situation is different, which is why a careful, individualized review is so important. As a birth injury lawyer handling New Mexico medical malpractice cases, we look at the full picture rather than assuming that a diagnosis alone proves or disproves negligence.
What To Do After A Birth Injury
Learning that your child has cerebral palsy or HIE can feel overwhelming. It is common to have more questions than answers and to feel unsure about what you should do next. You do not need to have everything figured out before you reach out for legal guidance, but there are some practical steps that can help protect your child’s future.
Following your child’s medical team’s recommendations is the first priority. At the same time, preserving information about what happened during pregnancy and birth can be important if you later decide to pursue a legal claim. Records and notes that seem routine today may be useful in understanding whether avoidable mistakes occurred.
Helpful steps parents can take include:
- Requesting complete copies of prenatal, labor, delivery, and newborn medical records
- Keeping a journal of diagnoses, therapy appointments, medications, and questions you ask doctors
- Saving discharge summaries, imaging reports, and written instructions from hospitals or clinics
- Being cautious about signing releases or accepting quick settlement offers before you know your rights
- Contacting a birth injury lawyer to discuss time limits for medical malpractice cases in New Mexico
New Mexico law sets deadlines for filing medical malpractice lawsuits, and those deadlines can be affected by factors such as the child’s age, the type of provider involved, and where the care occurred. Because of this, it is wise to talk with an attorney as soon as you feel ready, even if you are still in the early stages of processing the diagnosis.
When you call our firm, we work to make the process as straightforward as possible. We explain what information is most helpful, answer questions about how a case might proceed, and give you space to decide whether moving forward is right for your family.
Talk With Our Birth Injury Team
If you believe medical negligence may have contributed to your child’s cerebral palsy or HIE, you do not have to search for answers on your own. Speaking with a cerebral palsy lawyer who handles medical malpractice cases in New Mexico can help you understand what happened and what options may be available.
When you contact James Wood Law, you speak with a team that focuses on medical malpractice, personal injury, and wrongful death cases, and that has a Board Certified Trial Lawyer at the helm. We review potential birth injury matters carefully, explain our findings in clear terms, and discuss possible paths forward. Our goal is to give you information and support so you can make informed decisions about your child’s future.
We understand that reaching out to a lawyer can feel intimidating. We strive to make that step as simple and low pressure as possible. You can ask questions, share your concerns, and learn how the process works without any obligation to proceed with a case.
To arrange a conversation with our birth injury team, call (888) 579-3866.
Frequently Asked Questions
How do I know if malpractice caused my child’s cerebral palsy?
The only reliable way to know is through a careful review of medical records and your child’s history. We look at pregnancy, labor, delivery, and newborn care, then consult with qualified medical professionals when appropriate. After that review, we explain whether the facts support a potential malpractice claim.
Is there a deadline to file a birth injury case in New Mexico?
Yes. New Mexico law sets time limits for filing medical malpractice cases, and those limits can depend on the child’s age, the type of provider involved, and other factors. The safest approach is to talk with an attorney as soon as you feel ready so important deadlines are not missed.
What will your team actually do if we hire you?
If we accept your case, we gather and study medical records, consult with appropriate medical professionals, and identify potential defendants. We handle communication with hospitals, insurers, and defense lawyers, and we prepare your matter for negotiation or trial while keeping you informed throughout.
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