Free Consultation. Call Now.
(516) 394-4200
(516) 394-4200 
(516) 394-4200
Although hypoxic-ischemic encephalopathy (HIE) can occur in children and adults, it is most often associated with birth complications that result in brain dysfunction (encephalopathy) caused by a lack of oxygen (hypoxic) and blood flow (ischemic). Some infants experiencing neonatal HIE may have no long-term consequences, while others suffer from permanent impairment.
Depending on how long the brain is deprived of oxygen or blood and the area of the brain involved, some infants may not manifest symptoms until three or four years after birth. New York State allows parents to file a birth injury lawsuit until the child reaches age ten, providing sufficient time for injuries to become apparent. This timeline applies specifically to medical malpractice cases under New York CPLR § 208, which tolls the statute of limitations for minors. A Nassau County hypoxic-ischemic encephalopathy (HIE) lawyer could review the case and present options for pursuing a medical malpractice lawsuit.
Delivery rooms are chaotic, especially for first-time parents. However, every infant should be assigned an Apgar score at one and five minutes after delivery to determine if additional medical intervention is required. If the baby shows the following signs, it may be an indication of HIE:
An Apgar score of 3 or below is critical and often associated with a higher risk of HIE. Early detection and treatment may mitigate some symptoms depending on the areas involved and the length of oxygen and blood deprivation. Severe HIE can result in long-term impairment, such as epilepsy, cerebral palsy, developmental delays, and cognitive dysfunctions.
Often, the exact cause of HIE is unknown; however, placental abruption, umbilical cord prolapse, uterine trauma, or preexisting maternal health conditions are often associated with HIE. Pre-existing maternal health conditions such as hypertension, diabetes, or infections may increase the risk of HIE and require careful management by medical professionals. If any of these medical conditions occurred during pregnancy or delivery and the baby shows HIE symptoms, parents should contact Duffy & Duffy to speak with one of our Nassau County attorneys.
Receiving compensation begins with establishing negligence. Medical professionals and healthcare facilities have a duty of care to provide medical treatment that adheres to accepted standards of care, which are the established practices and protocols that a reasonably skilled and competent medical professional in the same field would follow under similar circumstances. If they do not follow these standards, they may be negligent, resulting in patient harm.
Proving negligence requires experienced lawyers who understand medical terminology and the standards of care regarding labor and delivery. They can use that knowledge to identify potential negligence and/or breaches from the accepted standard of care.
HIE lawyers help gather evidence to prove negligence. This may include medical records, witness statements, and hospital policies. They may use expert medical consultants to explain how hospitals and medical personnel failed to follow accepted standards of care and rely on financial experts to determine the appropriate compensation.
Birth injury cases often settle out of court, but lawyers must be prepared to go to trial if they do not. Compensation includes recovery of medical expenses and out-of-pocket transportation or in-home care costs. The special or economic damages may also include lost wages if parents cannot work to care for the child.
General or non-economic compensation covers the financial and emotional damages a family may suffer because of the injury. It can take into account both current and future damages. Our firm could help determine the financial compensation for life-threatening diseases.
Infants and their families experience emotional, financial, and psychological trauma from a severe birth injury. A Nassau County hypoxic-ischemic encephalopathy (HIE) lawyer understands the healthcare system and the standards of care regarding pregnancy and delivery. Their knowledge allows them to review cases and recommend options to their clients. Contact Duffy & Duffy today to discuss your case.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
