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How can parents determine whether their baby's HIE was caused by medical negligence?

Medical negligence may cause HIE when a failure to timely perform an emergency C-section, a failure to appropriately respond to abnormal fetal heart rate patterns, or a mismanagement of labor complications deprives the baby’s brain of oxygen for a period of time long enough to cause permanent damage.

How can parents determine whether their baby's HIE was caused by medical negligence?

Determining whether that is what happened requires a thorough review of the full pregnancy, labor, delivery, and neonatal record by qualified medical experts who can establish where the standard of care was not met and whether earlier intervention would have prevented the injury. In an HIE case, the medical experts will often review fetal heart rate monitoring strips, labor and delivery notes, umbilical cord blood gas results, Apgar scores, NICU records, brain MRI findings, and placental pathology reports. Combined, these records provide evidence as to whether fetal distress was present, whether it was recognized, and whether the team’s response was consistent with accepted standards of care.

What does fetal heart rate monitoring show?

Continuous electronic fetal monitoring during labor is used to detect signs that a baby may not be receiving adequate oxygen. Certain fetal heart rate patterns are associated with fetal acidemia and hypoxia, and persistent abnormal tracings may require prompt evaluation and expedited delivery. ACOG is clear, however, that fetal monitoring alone cannot diagnose brain injury or establish malpractice. It is one piece of a larger evidentiary picture.

How do experts determine when the brain injury occurred?

Brain MRI is one of the most valuable tools for evaluating HIE. Imaging can reveal characteristic patterns of oxygen-related brain injury and help physicians estimate when the damage occurred, where it is located, and how severe it is. MRI findings are always read alongside the clinical history rather than on their own, and cord blood gas results are considered together with imaging, fetal monitoring data, and neurological exams to build a complete picture of what happened and when.

How Can Sean M. Cleary Help in an HIE Case

Determining whether HIE resulted from negligence requires review by qualified obstetric, neonatal, and pediatric neurology experts who can assess whether accepted standards of care were followed and whether different medical decisions would likely have prevented or reduced the birth injury.

If your child was diagnosed with HIE and you have questions about whether a medical error was involved, contact The Law Offices of Sean M. Cleary for a free case evaluation. We will personally review your child's records and advise you on your options.

Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.