Understanding HIE & Possible Negligence

Hypoxic ischemic encephalopathy is a type of brain injury that happens when a baby’s brain does not get enough oxygen and blood flow. This can occur before birth, during labor and delivery, or shortly after birth. The effect can range from mild developmental delays to severe physical and cognitive disabilities that last a lifetime.

Our attorneys work with medical professionals who understand obstetrics, neonatology, neuroradiology and pediatric neurology. Together, we review fetal monitoring strips, labor and delivery notes, operative reports, neonatal intensive care records, and imaging. We look for patterns and missed opportunities that may explain why HIE occurred.

Some signs that may raise questions about preventable HIE include:

• Abnormal fetal heart rate patterns during labor that were not promptly addressed
• Long delays in performing an emergency C section after signs of fetal distress
• Use of forceps or vacuum in a difficult delivery followed by low Apgar scores
• Need for extensive resuscitation at birth or admission to the NICU for breathing support
• Seizures, abnormal movements, or cooling therapy ordered shortly after delivery

Seeing any of these issues in your child’s history does not automatically mean there was negligence. It is, however, a reason to seek a careful, independent review. We have the financial resources to retain the medical professionals needed for that analysis and the courtroom skills to explain complex science to judges and juries.

Steps To Take After An HIE Diagnosis

In the days and weeks after an HIE diagnosis, caring for your child is understandably your first priority. You may be focused on NICU visits, learning about therapies, and trying to balance family and work. At the same time, there are steps you can take now that may help protect your child’s legal rights later.

It can be useful to keep a written record of what doctors and nurses tell you about what happened during labor, delivery, and the newborn period. Note the names of providers, dates of key conversations, and any explanations you receive. Over time, details can blend together. Having your own notes can make it easier to remember important information.

It is also wise to keep copies of discharge summaries, imaging reports, therapy evaluations, and other written materials you receive. These documents often contain clues about timing, diagnoses, and concerns that may be important later. If you do not have particular records, our team can typically obtain them as part of reviewing a potential case.

Helpful steps families can consider in the weeks after an HIE diagnosis include:

• Focusing first on your baby’s medical care and following recommended treatment plans
• Writing down your recollection of labor, delivery, and the hours after birth
• Saving any discharge papers, testing results, and therapy reports you receive
• Talking with trusted family members or friends who were present during the birth
• Reaching out to our firm for a free case review when you feel ready to ask legal questions

Frequently Asked Questions

How do I know if my baby’s HIE was preventable?

You typically need a legal and medical review to answer that question. Our attorneys obtain and analyze pregnancy, labor, delivery, and newborn records with qualified medical professionals. Together, we look for signs of missed warnings or delayed responses and then explain our findings to you in clear, honest terms.

What happens during the first meeting with your team?

During a first meeting, we listen to your story and answer your questions. We ask basic background information about the pregnancy and birth and discuss what records may exist. You do not need every document ready. The goal is to see whether further investigation makes sense for your family.

Can a lawsuit affect my child’s medical care in Portland?

In many situations, bringing a lawsuit does not change your child’s right to receive appropriate medical care. Providers are expected to treat patients based on medical need. We can talk with you about practical steps to maintain important care relationships while we pursue accountability through the legal system.

How long do HIE cases usually take in Maine?

HIE cases often take years rather than months, because they involve complex medicine and significant damages. Specifically, Maine has a unique pre-litigation screening panel process required by a law called the Maine Health Security Act. This law increases the time it takes to advance medical malpractice cases in Maine. Other factors that affect the timeline, include court schedules, the number of parties, and how hard the defense fights. We keep you informed and work steadily to move the case forward.

Talk With A Portland HIE Lawyer

You do not have to navigate an HIE diagnosis and the legal questions that come with it on your own. A strong Maine trial firm can help you understand what happened, protect your child’s rights, and pursue resources that support a safer, more secure future.

Call (207) 383-3216 to talk with our team today.