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At The Law Offices of Sean M. Cleary, we represent families throughout Miami and Florida whose newborns suffered hypoxic-ischemic encephalopathy due to preventable medical errors during labor and delivery. We know that an HIE diagnosis does not just describe what happened to your baby in the delivery room; it describes a lifetime of challenges an entire family has to face together.
If your child was diagnosed with HIE after a difficult delivery, contact us today for a free case evaluation.
Case EvaluationHypoxic-ischemic encephalopathy is a type of brain damage that occurs when a newborn's brain is deprived of oxygen and blood flow during or around the time of birth. The window in which medical staff must recognize and respond to fetal distress is narrow, often measured in minutes. When doctors, nurses, or hospital staff fail to act within that window, the consequences are permanent.
HIE is one of the leading causes of birth injury litigation in the United States. In many cases, the injury was preventable. A delayed emergency C-section, a failure to properly monitor fetal heart rate tracings, or a mismanaged labor augmentation can each deprive a newborn's brain of oxygen long enough to cause lasting damage. These are not acceptable margins of error; they are departures from the standard of care that medical professionals are required to meet.
Although HIE is relatively uncommon, the condition affects an estimated 300 to 600 Florida newborns each year and often results from significant oxygen deprivation during labor or delivery, potentially leaving children with lifelong medical and developmental challenges.
HIE is almost always tied to an identifiable event or sequence of events during labor and delivery. Common situations that give rise to an HIE claim include, but are not limited to:
HIE can present differently depending on its severity, and some symptoms may not become fully apparent for months or even years after birth. If your newborn experienced any of the following after delivery, an HIE injury may have occurred:
Early diagnosis and early legal consultation both matter. Medical interventions like therapeutic hypothermia (cooling therapy) are only effective within a limited time after birth. On the legal side, Florida's statute of limitations for medical malpractice claims means that families who delay can lose the right to pursue compensation entirely. If you suspect your child suffered an HIE injury, do not wait to speak to an attorney.
Even moderate HIE cases can have consequences that can last a lifetime, depending on the severity of the injury. Children who survive HIE may go on to develop:
Families have far more than just their child’s medical needs to deal with. The emotional burden spreads across parents and siblings, and the cost of lifelong care, therapy, assistive devices, and special education can be enormous. When those costs exist because of someone else's negligence, families have a legal path available to pursue accountability from the responsible parties.
Families who pursue an HIE medical malpractice claim in Florida may be entitled to compensation for a wide range of damages, including:
In cases where the birth injury results in the death of the newborn, a wrongful death claim may also allow the family to recover for funeral expenses, medical costs incurred prior to death, and other damages available under Florida's wrongful death laws.
HIE cases require a legal team that can move through complex medical evidence, engage the right experts, and hold hospitals and medical providers fully accountable for what happened in the delivery room. Attorney Sean M. Cleary has handled serious birth injury and medical malpractice cases across Miami and Florida, and he personally reviews every case that comes through our office.
We work with medical experts who can analyze fetal monitoring strips, delivery records, and hospital protocols to establish exactly where the standard of care was breached and how that breach caused your child's injury. We handle every aspect of the investigation and litigation so that your family can focus on what matters most.
If your child was diagnosed with HIE and you believe that a medical mistake in labor and delivery is at fault, contact The Law Offices of Sean M. Cleary for a free case evaluation. We will review the facts of your case and advise you on the best path forward.
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