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What is Hypoxic-Ischemic Encephalopathy?
Hypoxic-Ischemic Encephalopathy (HIE) is a serious birth injury caused by a lack of oxygen (hypoxia) and/or a lack of blood flow (ischemia) to a baby’s brain around the time of birth. This oxygen deprivation can occur before, during, or shortly after labor and delivery. The result is damage to brain cells, which can lead to lifelong disabilities or, in the most severe cases, death.
HIE is classified into three grades:
- Mild HIE: May involve temporary symptoms with little or no long-term effects.
- Moderate HIE: May result in developmental delays and cognitive or motor impairments.
- Severe HIE: Often leads to permanent disabilities such as cerebral palsy, epilepsy, or intellectual disabilities.
Early diagnosis and treatment are critical. Unfortunately, HIE is often preventable, and medical malpractice may play a role in a significant number of cases.
Common Causes of Hypoxic-Ischemic Encephalopathy
HIE often results from complications during labor and delivery. While some causes are unavoidable, others stem from errors made by healthcare professionals. Some common causes of HIE that may involve medical negligence include:
- Failure to monitor fetal distress: Medical staff must monitor fetal heart rate for signs of oxygen deprivation. Delays in responding to distress signals can lead to permanent damage.
- Delayed C-section: If a vaginal delivery becomes too dangerous, a C-section must be performed promptly. Delaying this decision can deprive the baby of oxygen.
- Umbilical cord complications: Issues such as cord prolapse, knots, or compression can cut off oxygen supply. These problems must be quickly identified and resolved.
- Placental abruption or uterine rupture: These rare but serious events require immediate intervention to protect the baby’s brain from oxygen deprivation.
- Improper use of labor-inducing drugs: Overuse or misuse of drugs like Pitocin can overstimulate the uterus, reducing oxygen flow to the baby.
- Negligent neonatal care: After birth, failing to resuscitate a baby or manage breathing and oxygen supply can also cause or worsen HIE.
If your child’s HIE diagnosis followed any of these complications, it’s essential to investigate whether medical malpractice occurred. Our Albuquerque HIE attorneys at Harvey, Foote & Baker Law Firm have the experience and resources to uncover the truth.
Short- & Long-Term Effects of Hypoxic-Ischemic Encephalopathy
The effects of HIE vary based on the severity and how quickly it was treated. Sadly, many children with moderate to severe HIE face a lifetime of medical challenges.
Short-Term Symptoms:
- Breathing difficulties
- Seizures
- Poor muscle tone
- Difficulty feeding
- Low Apgar scores
- Altered consciousness
Long-Term Effects:
- Cerebral Palsy: A motor disorder caused by brain damage during early development.
- Seizure Disorders: Including epilepsy, which may require lifelong medication.
- Cognitive Impairments: Learning disabilities and memory deficits may develop as the child grows.
- Speech and Motor Delays: Delayed milestones in crawling, walking, or talking.
- Vision or Hearing Loss: HIE can impact the parts of the brain responsible for processing sight and sound.
- Emotional and Behavioral Issues: Children may struggle with attention, mood regulation, or social interactions.
These conditions often require long-term medical care, therapy, and educational support. A successful HIE claim can help families secure the resources they need to provide the best possible future for their child.
Hypoxic-Ischemic Encephalopathy FAQs
What should I do if I suspect my child’s HIE was caused by medical negligence?
If you believe your child’s HIE could have been prevented, contact a qualified Albuquerque HIE attorney right away. Our team at Harvey, Foote & Baker Law Firm will conduct a detailed review of medical records and consult with experts to determine whether malpractice occurred.
Is there a time limit to file an HIE claim in New Mexico?
Yes. In New Mexico, most medical malpractice claims must be filed within three years of the injury. However, cases involving minors may allow for extensions. It’s best to speak with an attorney as soon as possible to protect your rights.
What compensation can I recover in an HIE lawsuit?
Compensation may cover:
- Past and future medical expenses
- Rehabilitative therapies
- Home modifications or assistive equipment
- Special education services
- Pain and suffering
- Loss of future earnings or earning capacity
Do I need to pay upfront legal fees to file an HIE claim?
No. At Harvey, Foote & Baker Law Firm, we handle HIE cases on a contingency fee basis. That means you pay nothing unless we win your case.
How long does an HIE lawsuit take?
The timeline varies depending on the complexity of the case, but many claims take 12–24 months. Our legal team will guide you every step of the way and keep you informed of progress.
Speak with a Trusted Albuquerque HIE Attorney Today
Caring for a child with Hypoxic-Ischemic Encephalopathy can be emotionally and financially overwhelming. If your child’s injury was the result of medical negligence, you deserve justice — and the means to provide the care your child needs.
At Harvey, Foote & Baker Law Firm, our skilled Albuquerque HIE attorneys fight for families across New Mexico. We’re ready to hold negligent medical professionals accountable and help you secure the compensation your child needs for a better future.
Reach out to us for a free, no-obligation consultation by calling (505) 295-2245.
What Sets Us Apart
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You Deserve Maximum CompensationOur team is committed to standing up for the injured in New Mexico. When you or your loved one have been harmed because of someone else's negligence, you don't just deserve compensation, you deserve justice.
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You Deserve an Experienced Legal TeamOur attorneys have handled thousands of cases and are true legal innovators when it comes to pursuing cases. We have the tools, resources, and knowledge to properly obtain maximum compensation on your behalf.
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You Deserve New Mexico AdvocatesAt Harvey, Foote & Baker Law Firm we are New Mexico-based attorneys who understand how scary and difficult this time can be. When you work with us, we can guarantee that you, your family, and your case are of the highest priority to us.
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You Deserve Dedicated RepresentationSince 2005 our team has been solely dedicated to protecting the rights of those injured and mistreated in nursing homes throughout the state. We know and understand how the system works and how to obtain the best possible outcome on your behalf.

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