Hypoxic-ischemic encephalopathy (HIE) is a serious type of brain injury that occurs when a newborn’s brain does not receive enough oxygen and blood flow. In Alabama, HIE is one of the most common causes of long-term disabilities in children, including cerebral palsy, developmental delays, and cognitive impairments.
At Hare Wynn, our birth injury attorneys have seen firsthand how preventable errors during labor and delivery can lead to HIE. Understanding the condition and how it connects to medical malpractice law in Alabama is an important first step toward protecting your child’s future.
What Causes HIE?
HIE occurs when the brain is deprived of oxygen (hypoxia) and blood flow (ischemia). While some cases happen despite appropriate medical care, others are the result of preventable mistakes during pregnancy, labor, or delivery. Common causes linked to malpractice include:
- Failure to monitor fetal distress through heart rate tracings.
- Delayed emergency interventions, such as postponing a C-section despite warning signs.
- Improper use of delivery tools like forceps or vacuums.
- Umbilical cord complications that are not addressed in time.
Placental issues such as abruption or insufficiency.
When medical professionals fail to recognize and respond quickly to these emergencies, the risk of HIE increases significantly.
How HIE Affects Children and Families
The impact of HIE varies depending on how long the brain was deprived of oxygen and the severity of the damage. Some children may experience mild developmental delays, while others face lifelong disabilities requiring constant medical care. These can include:
- Motor disorders such as cerebral palsy.
- Seizures and epilepsy.
- Cognitive impairments and learning challenges.
- Vision and hearing loss.
- Behavioral and emotional difficulties.
Beyond the medical challenges, families also face the financial burden of lifelong care, therapy, and assistive equipment. This is where legal action may play an important role.
HIE and Medical Malpractice in Alabama
In Alabama, medical malpractice cases are governed by the Alabama Medical Liability Act. To pursue a claim related to HIE, families generally must prove:
- A provider-patient relationship existed.
- The healthcare provider failed to meet the accepted standard of care.
- That failure directly caused the child’s injury.
- The child and family suffered measurable damages.
Meeting these requirements is complex and often requires testimony from medical experts who can explain how proper care could have prevented the injury.
Filing Deadlines for HIE Cases
Alabama law imposes strict statutes of limitations on medical malpractice cases. Most claims must be filed within two years of the injury. However, if the injury was not immediately discoverable, families may have additional time, though generally no longer than four years. Special rules also apply when the patient is a minor. Missing these deadlines can prevent families from ever filing a claim, making it critical to seek legal guidance as soon as possible.
Why Experience Matters in HIE Cases
HIE lawsuits are some of the most complex medical malpractice cases because they require blending medical science with legal advocacy. An experienced attorney will:
- Work with neonatologists, neurologists, and other medical experts.
- Review fetal monitoring strips, delivery records, and imaging results.
- Anticipate defense strategies from hospitals and insurers.
- Present complex medical evidence in a way that juries can understand.
For families, this experience can make the difference between struggling alone and securing the resources needed for long-term care.
Talk to an Alabama Birth Injury Lawyer
An HIE diagnosis is life-changing, but it does not have to mean facing the future without support. If you believe your child’s condition was caused by negligence during labor or delivery, you may have legal options.
The birth injury attorneys at Hare Wynn have more than 125 years of experience helping Alabama families hold negligent providers accountable. We offer free, confidential consultations, and you pay nothing unless we recover compensation on your behalf.
Contact us today to share your story and learn how we can help you pursue justice and provide your child with the care they deserve.
