Michigan HIE Lawyers

Why Hire LegalGenius for Your Michigan HIE Claim?

With HIE claims, you need to prove that the accepted standard of care wasn’t met, connect that failure to your child’s injury, and present the necessary evidence. At LegalGenius, we’ve represented injured clients since 1999 and use that litigation experience to investigate birth injury claims and pursue compensation from negligent healthcare providers.

When you hire our Michigan HIE lawyers, you benefit from the following:

• Decades of Personal Injury Litigation: We have represented injured clients since 1999. Our experience handling catastrophic injury litigation prepares us to manage birth injury claims involving extensive records, multiple healthcare providers, and disputed liability.
• Detailed Record Review: We obtain prenatal records, labor and delivery records, fetal monitoring strips, neonatal records, imaging studies, and related documentation. Reviewing these materials helps determine if the accepted standard of care was met.
• Physician Testimony: Michigan medical malpractice claims generally require testimony from physicians who evaluate the care provided and explain how the evidence supports the claim. Their opinions help establish the standard of care, causation, and damages.
• Prepared for Negotiation and Trial: Hospitals and insurance companies may deny liability or dispute damages. We prepare each claim for settlement discussions and trial, so we’re ready to present the evidence before a judge or jury if needed.
• No Upfront Attorney Fees: We represent HIE clients on a contingency fee basis. You don’t pay attorney fees unless we recover compensation. We also provide free consultations so you can discuss your claim before deciding how to proceed.

An HIE diagnosis can affect your family for years. LegalGenius investigates birth injury claims, identifies negligent care, and pursues compensation that can help pay for treatment, therapy, assistive equipment, and future expenses. If your child’s injury resulted from medical malpractice, we’re ready to protect your rights and seek the recovery your family deserves..

Understanding Hypoxic-Ischemic Encephalopathy (HIE)

Hypoxic-ischemic encephalopathy (HIE) takes place when a baby doesn’t receive enough oxygen and blood flow before, during, or shortly after birth. It is one of the leading causes of neonatal injury in the United States.

What Happens During HIE?

The brain depends on a steady supply of oxygen and nutrients delivered through the bloodstream. When that supply is interrupted, brain cells begin to fail. Even after oxygen and circulation return, damaged tissue may continue to deteriorate because of chemical reactions triggered by the original oxygen loss. For that reason, doctors begin treatment as soon as possible to limit future damage and improve the child’s outlook.

How Do Doctors Diagnose HIE?

Doctors evaluate the baby’s condition immediately after delivery. They also perform neurological examinations and may order magnetic resonance imaging (MRI), electroencephalography (EEG), blood tests, and other diagnostic studies. Together, these findings help physicians determine the extent of the injury and develop a treatment plan.

Levels of HIE

Healthcare providers generally classify HIE as mild, moderate, or severe based on the infant’s neurological condition and examination findings.

Mild HIE

• Babies may appear irritable or unusually sleepy.
• Muscle tone may change for a short period.
• Symptoms may improve within several days.
• Some children recover without lasting impairment, while others develop developmental delays.

Moderate HIE

• Babies may experience seizures, feeding problems, reduced muscle tone, or decreased responsiveness.
• Hospital care and monitoring are usually required.
• Some children develop cerebral palsy, learning disabilities, epilepsy, or other neurological conditions.

Severe HIE

• Babies may experience breathing problems, seizures, organ dysfunction, or severe neurological impairment.
• Intensive care usually begins immediately after birth.
• Severe HIE has a higher risk of cerebral palsy, intellectual disabilities, epilepsy, and other permanent disabilities.

What Causes HIE?

Pregnancy complications, problems during labor, and newborn medical conditions can all contribute to HIE. Some events can’t be prevented. Others may result from failures to recognize fetal distress, respond to changing conditions, or provide the right medical care. 

Pregnancy Complications

Certain conditions during pregnancy can reduce the oxygen and nutrients reaching the fetus before labor.

• Placental Abruption: Placental abruption occurs when the placenta separates from the uterus before birth. This separation can interrupt the flow of oxygen and nutrients to the fetus and requires emergency treatment.
• Placental Insufficiency: Placental insufficiency happens when the placenta can’t provide enough oxygen and nutrients to support fetal development. Healthcare providers should monitor pregnancies affected by placental dysfunction and respond if testing shows fetal distress.
• Maternal Infections: Some infections during pregnancy can affect fetal health and increase the risk of oxygen deprivation before or during childbirth.
• Preeclampsia and High Blood Pressure: Preeclampsia and other hypertensive disorders can reduce circulation through the placenta. These conditions require medical evaluation because they increase the risk of complications for both the mother and fetus.

Labor and Delivery Complications

Events during childbirth can interrupt circulation or reduce oxygen reaching the fetus.

• Umbilical Cord Compression: Pressure on the umbilical cord can reduce or stop blood flow between the placenta and fetus. If the interruption continues, fetal distress can develop.
• Umbilical Cord Prolapse: An umbilical cord prolapse occurs when the cord slips through the cervix before the baby. The cord may become compressed during childbirth, reducing the oxygen reaching the fetus until delivery occurs.
• Uterine Rupture: A uterine rupture is an obstetric emergency in which the uterus tears during labor. The rupture can interrupt blood flow through the placenta and place both the mother and fetus at risk.
• Shoulder Dystocia: Shoulder dystocia develops when the baby’s shoulder becomes lodged behind the mother’s pelvic bone after the head is delivered. If the delay interrupts oxygen delivery for too long, HIE may result.
• Prolonged Labor With Fetal Distress: Labor that continues while fetal distress is present can increase the risk of oxygen deprivation. Healthcare providers should recognize signs of fetal distress and determine if intervention is necessary.

Complications After Birth

Some newborn conditions can reduce oxygen delivery or circulation during the first hours of life.

• Breathing Problems: Respiratory distress, airway obstruction, or failure to establish regular breathing can reduce the oxygen reaching the brain after birth.
• Heart and Circulatory Disorders: Congenital heart defects and circulatory disorders can reduce blood flow and oxygen delivery during the newborn period.
• Neonatal Infection: Infections in newborns can affect breathing, circulation, and organ function. Early diagnosis and treatment may reduce the risk of brain injury.

When Can HIE Result From Medical Negligence?

Pregnancy and childbirth involve risks that healthcare professionals can’t always prevent. However, physicians, nurses, and other medical professionals must meet the accepted standard of care during pregnancy, labor, delivery, and newborn care. If they don’t and the failure causes HIE, the child and family may have the right to pursue a medical malpractice claim.

Failure to Monitor Fetal Well-Being

Healthcare professionals monitor fetal heart rate patterns and other clinical findings during labor to identify signs of reduced oxygen delivery. Abnormal fetal heart tracings require evaluation and, when appropriate, intervention. Failing to recognize abnormal results, respond to fetal distress, or act within a reasonable time may contribute to HIE.

Delayed Cesarean Delivery

An emergency cesarean section may become necessary when fetal distress, placental abruption, uterine rupture, umbilical cord prolapse, or other complications interrupt the baby’s oxygen supply. Waiting too long to recommend or perform the procedure may increase the risk of brain injury.

Medication Errors During Labor

Some medications used during labor affect the frequency and strength of uterine contractions. If these medications aren’t prescribed, administered, or monitored correctly, contractions may reduce blood flow through the placenta and limit oxygen reaching the fetus. Giving the wrong medication, administering the wrong dose, or failing to monitor the mother’s and baby’s responses may support a malpractice claim.

Failure to Diagnose or Treat Maternal Conditions

Preeclampsia, infection, gestational hypertension, diabetes, and other maternal conditions require medical evaluation during pregnancy. Delays in diagnosis or treatment may increase the risk of complications that reduce oxygen delivery to the fetus.

Delayed Care After Birth

Newborns showing signs of HIE require evaluation and medical intervention. Depending on the infant’s condition, care may include resuscitation, respiratory support, therapeutic hypothermia, seizure management, and admission to a neonatal intensive care unit. Delays in providing these interventions may increase the extent of the injury.

Failure to Communicate Among Healthcare Professionals

Birth injuries may occur when physicians, nurses, specialists, and other members of the medical team don’t communicate changes in the mother’s condition, abnormal fetal heart tracings, test results, or other findings that require action. Breakdowns in communication can delay treatment and contribute to HIE.

Signs and Symptoms of HIE

The signs of HIE depend on how much the brain was affected by reduced oxygen and blood flow. Some infants show changes immediately after birth, while others develop neurological or developmental conditions as they grow. 

Signs Present at Birth

Many infants with HIE show symptoms during the first hours or days of life. Common signs include:

• Low Apgar scores
• Difficulty breathing or the need for resuscitation
• Seizures
• Reduced muscle tone
• Weak reflexes
• Feeding difficulties
• Poor muscle control
• Abnormal alertness
• Organ dysfunction

Physicians consider these findings along with laboratory studies, neurological examinations, magnetic resonance imaging (MRI), electroencephalography (EEG), and other diagnostic testing when determining if HIE is present.

Symptoms That May Appear Later

Some children don’t experience lasting effects, while others develop neurological or developmental conditions during infancy or early childhood. The type of condition depends on the areas of the brain affected and the extent of the injury.

Possible effects include:

• Cerebral palsy
• Developmental delays
• Learning disabilities
• Intellectual disabilities
• Epilepsy
• Speech and language delays
• Hearing loss
• Vision impairment
• Problems with coordination and balance
• Memory and attention problems

Some conditions don’t become apparent until a child misses developmental milestones or begins school. Continued medical follow-up helps physicians identify changes and recommend treatment as the child grows.

When Should Parents Seek Medical Care?

Parents should contact a healthcare provider if a child develops feeding problems, seizures, muscle stiffness, poor muscle control, developmental delays, or other neurological changes after birth. Early diagnosis can identify the cause of these symptoms and help families begin treatment. 

How a Michigan HIE Lawyer Builds a Medical Malpractice Case

To recover compensation in an HIE lawsuit, you must prove that a healthcare provider failed to meet the accepted standard of care and that the failure caused your child’s injury. When you hire a Michigan HIE lawyer, they will take steps like the following to prepare your claim and seek compensation.

• Reviewing Medical Records: We begin by obtaining records from pregnancy, labor, childbirth, and newborn care. These records may include prenatal records, fetal heart monitoring strips, nursing notes, physician notes, and neonatal intensive care unit records. Together, they establish the baby’s condition, the care provided, the timing of medical decisions, and the actions taken by the healthcare team.
• Working With Physician Witnesses: Michigan medical malpractice lawsuits generally require testimony from physicians who satisfy the state’s legal requirements for expert witnesses. These physicians review the records, evaluate the care provided, and explain if the accepted standard of care was violated and how that violation contributed to the injury.
• Proving Causation: An HIE diagnosis doesn’t establish medical malpractice by itself. We must also show that the provider’s negligence caused the injury. This requires connecting the medical records, physician testimony, and other evidence to the injuries your child sustained.
• Documenting Damages: An HIE lawsuit may include damages for medical expenses, rehabilitation, assistive equipment, home modifications, educational services, lost earning capacity, pain and suffering, and other losses recognized under Michigan law. We document these damages using healthcare records, employment information, financial records, and witness testimony.
• Negotiating With Insurance Companies: Insurance companies may dispute liability, causation, or the value of your lawsuit. We present documentation supporting your position, respond to the defenses raised by the insurance company, and negotiate a settlement when it serves your family’s interests.
• Preparing for Trial: Some HIE lawsuits resolve through settlement, while others proceed to trial. If a settlement isn’t possible, we organize documentary evidence, present witness testimony, examine and cross-examine witnesses, and argue your case before the court.

Compensation Available in Michigan HIE Cases

An HIE medical malpractice lawsuit can provide financial recovery for losses related to your child’s injury. Damages may address current expenses, projected future costs, and non-economic losses. The amount recovered depends on the severity of the injury, the damages proved, and the evidence presented.

• Medical Expenses: You may recover the cost of hospital care, physician visits, prescription medications, surgeries, diagnostic testing, and other healthcare services related to your child’s injury. Recovery can also include future healthcare expenses when ongoing treatment is expected.
• Rehabilitation: Damages may cover rehabilitation services that help address the effects of HIE. These services can include physical therapy, occupational therapy, speech-language therapy, behavioral therapy, and other forms of rehabilitation recommended by healthcare providers.
• Assistive Equipment: Recovery may include wheelchairs, walkers, braces, communication devices, feeding equipment, adaptive seating, and other medically necessary equipment used to support mobility, communication, and daily activities.
• Home and Vehicle Modifications: If your child develops mobility limitations, damages may include the cost of accessibility modifications such as wheelchair ramps, widened doorways, accessible bathrooms, stair lifts, or wheelchair-accessible vehicles.
• Educational Services: An HIE lawsuit may include educational expenses related to the injury. Depending on your child’s needs, recovery may cover educational evaluations, tutoring, classroom accommodations, specialized instruction, and related services.
• Lost Earning Capacity: Some children with HIE may never earn the income they likely would have earned without the injury. Michigan law allows recovery for diminished earning capacity when supported by the evidence.
• Pain and Suffering: Michigan permits recovery of non-economic damages in many medical malpractice lawsuits. These damages may compensate for pain, suffering, disability, loss of enjoyment of life, and other nonfinancial losses, subject to Michigan’s statutory damage caps.
• Other Recoverable Damages: Depending on the evidence, recovery may also include in-home nursing care, personal assistance services, transportation expenses, and other injury-related losses recognized under Michigan law.

Get a Free Consultation From a Michigan HIE Lawyer Today

If you believe your child’s HIE resulted from medical negligence, call LegalGenius. Our Michigan HIE lawyers can evaluate your treatment records, determine if the evidence supports a medical malpractice lawsuit, and explain whether you have a case. We’ll also discuss the damages that may be available if negligence caused your child’s injury. For more information or to schedule a consultation, call 800-209-4000 or fill out our Ask the Genius™ form, and an attorney will contact you within five minutes. 

Frequently Asked Questions About Michigan HIE Lawsuits

How Do I Know if My Child’s HIE Was Caused by Medical Negligence?

Some HIE cases do result from medical conditions that couldn’t have been prevented. Determining the cause requires reviewing prenatal, labor and delivery, and neonatal documentation, fetal heart monitoring strips, diagnostic testing, and physician opinions. This review helps determine if the accepted standard of care was breached and if that breach caused the injury.

How Long Do I Have to File an HIE Lawsuit in Michigan?

Michigan law establishes deadlines for filing medical malpractice lawsuits, and the time available depends on the circumstances. These lawsuits are also subject to statutory notice requirements and other procedural rules. Missing a filing deadline can prevent you from seeking damages, so it’s important to speak with an attorney promptly if you suspect negligence contributed to your child’s injury.

What Should I Do if I Suspect My Child’s HIE Was Preventable?

Start by requesting copies of prenatal, labor and delivery, neonatal, and hospital records. You should also keep records of diagnoses, treatment, rehabilitation, and injury-related expenses. An attorney can review this information, obtain additional documentation if needed, and determine if the available evidence supports filing a medical malpractice lawsuit.

Can My Family Recover Damages for Future Expenses?

Yes. Depending on the evidence, damages may include future healthcare, rehabilitation, assistive equipment, accessibility modifications, educational services, diminished earning capacity, and other losses recognized under Michigan law. The amount recovered depends on the damages proved and the evidence presented.