Hypoxic ischemic encephalopathy (HIE) is a brain injury that can occur when a newborn does not receive enough oxygen or blood flow. Serious cases may result in seizures, developmental difficulties, cerebral palsy, or lifelong care needs.
Not every case of HIE is caused by negligence. However, when warning signs are missed, appropriate treatment is delayed, or the standard of care is not met, there may be grounds for a medical malpractice claim.
Bogoroch & Associates LLP represents families across Ontario in serious birth injury and medical malpractice cases. Our HIE lawyers in Toronto investigate the care provided during pregnancy, labour, delivery, and the newborn period.
We offer free consultations and act on a contingency fee basis, meaning there are no legal fees unless compensation is recovered.
Why Choose Bogoroch & Associates LLP for an HIE Claim?
HIE claims involve complex medical and legal issues. They require HIE lawyers in Toronto who understand birth injury litigation, know how to work with qualified medical experts, and are prepared to take cases to trial when necessary.
Bogoroch & Associates LLP has extensive experience in medical malpractice and serious injury cases.
The firm has been recognized by Canadian Lawyer as one of the top 10 Personal Injury and Medical Malpractice Firms in Ontario. This recognition reflects the experience and dedication we bring to our clients and every case.
How Our HIE Lawyers in Toronto Can Help
Our lawyers may:
- Obtain prenatal, labour, delivery, NICU, and follow-up medical records;
- Retain highly qualified experts to assess the standard of care and causation;
- Identify potentially responsible parties;
- Assess damages and future care needs;
- Negotiate a fair settlement; and
- Take cases to trial when necessary.
HIE Claims in Ontario
HIE is an injury to the newborn brain caused by inadequate oxygen and blood flow. It may be described as mild, moderate, or severe.
A diagnosis alone does not establish medical negligence. A successful medical malpractice claim generally requires evidence that a healthcare provider failed to meet the applicable standard of care, that this failure caused or contributed to the injury, and that the injury resulted in compensable losses.
What is HIE?
HIE can develop before, during, or shortly after birth. The outcome depends on the severity and duration of the oxygen deprivation, the areas of the brain affected, and how quickly appropriate treatment is provided.
Possible long-term effects may include:
- Seizures;
- Developmental delays;
- Cerebral palsy;
- Feeding difficulties;
- Learning difficulties;
- Hearing or vision impairment; and
- The need for ongoing care and assistance.
Medical Negligence That May Cause HIE
Depending on the circumstances, a potential HIE claim may involve:
- Failure to recognize or appropriately respond to signs of fetal distress;
- An unreasonable delay in performing an emergency Caesarean section;
- Failure to appropriately manage umbilical cord or placental complications;
- Inadequate newborn resuscitation; or
- Delay in arranging appropriate neonatal care or transfer to a neonatal intensive care unit.
These events do not, by themselves, establish negligence. Qualified medical experts must review the records and circumstances to determine whether the applicable standard of care was breached and whether that breach caused or contributed to the child’s injury.
Electronic Fetal Monitoring
Electronic fetal monitoring records the baby’s heart rate and the mother’s contractions during labour. Certain patterns may indicate that the baby is not tolerating labour well and may require further assessment or intervention.
In an HIE claim, experts may consider whether fetal monitoring tracings were appropriately interpreted, whether concerns were communicated in a timely manner, and whether an earlier delivery should have occurred.
Therapeutic Hypothermia
Therapeutic hypothermia, also known as cooling therapy, may be used for eligible newborns with moderate to severe HIE. The baby’s body temperature is carefully lowered for a period of time in an effort to reduce further brain injury.
For eligible newborns, treatment is generally initiated within the first six hours after birth. As a result, a delay in recognizing HIE, assessing eligibility, or arranging an appropriate transfer may be relevant to a medical malpractice investigation.
Eligibility for therapeutic hypothermia depends on several clinical factors, including the baby’s gestational age, condition, examination findings, test results, and other medical considerations.
Who Can Be Held Liable?
Depending on the evidence, potentially responsible parties may include an obstetrician, family physician, nurse, midwife, hospital, neonatal team, or another healthcare provider.
More than one healthcare provider or institution may be involved. Determining liability requires a careful review of the medical records, the care provided, and expert evidence.
How Do You Prove an HIE Claim?
Proving an HIE medical malpractice claim requires strong medical and legal evidence.
Our HIE lawyers in Toronto gather and review the relevant medical records, which may include prenatal records, fetal monitoring strips, labour and delivery records, newborn assessments, brain imaging, laboratory results, and NICU records.
Once the relevant records have been obtained, qualified experts may be retained to assess the applicable standard of care, whether there was a breach of that standard, whether the breach caused or contributed to the injury, and the nature of the child’s long-term needs.
The evidence required will depend on the circumstances of each case.
Compensation Available
Depending on the circumstances, compensation in an HIE claim may address losses and expenses such as:
- Pain and suffering;
- Rehabilitation and therapy;
- Assistive devices and technology;
- Home and vehicle modifications;
- Attendant and personal care;
- Educational and support services;
- Future healthcare and care costs;
- Loss of income and earning capacity; and
- Certain losses experienced by family members.
The amount and types of compensation available depend on the evidence and the individual circumstances of the child and family.
The HIE Claim Process
Although every case is different, the process may involve:
- An initial free consultation;
- Collection and review of relevant medical records;
- Obtaining opinions from qualified medical experts;
- Assessing the child’s injuries, losses, and future care needs;
- Starting a lawsuit where the evidence supports a claim; and
- Pursuing resolution through negotiation, mediation, or trial.
Medical malpractice cases can be complex and may require evidence from several different types of experts.
Frequently Asked Questions
What is HIE?
HIE is a brain injury that occurs when a newborn’s brain receives insufficient oxygen and blood flow.
Can HIE be caused by medical negligence?
Yes. In some circumstances, an HIE claim may arise when care falls below the applicable standard and that failure causes or contributes to a preventable brain injury. However, an HIE diagnosis does not necessarily mean that negligence occurred.
Can a delayed Caesarean section cause HIE?
A delay in performing a Caesarean section may cause or contribute to HIE when the clinical circumstances require urgent delivery and the delay results in prolonged oxygen deprivation. Whether a delay amounted to negligence depends on the medical evidence and circumstances of the particular case.
What compensation is available?
Depending on the circumstances, compensation may address treatment and rehabilitation expenses, future care costs, equipment and accessibility needs, support services, pain and suffering, and loss of earning capacity, among other losses.
How long do I have to file a claim?
Ontario’s basic limitation period is generally two years, but exceptions may apply. The applicable deadline can depend on several factors, including when the claim was discovered and whether the injured person is a minor. Because limitation periods can be complex and missing a deadline may affect your legal rights, it is important to speak with an HIE lawyer in Toronto as soon as possible about the circumstances of your case.
Speak With a Hypoxic Ischemic Encephalopathy Lawyer in Toronto Today
If your child has been diagnosed with hypoxic ischemic encephalopathy and you have questions about the care provided before, during, or after birth, contact Bogoroch & Associates LLP for a free consultation with an HIE lawyer in Toronto or call 416-599-1700.
Our lawyers can review the circumstances, obtain the relevant medical records, and determine whether further investigation by qualified medical experts is warranted.
We act on a contingency fee basis, meaning there are no legal fees unless compensation is recovered.
Serving Toronto and Ontario
Our personal injury lawyer team and medical malpractice lawyers serve clients in Toronto, Mississauga, Scarborough, Etobicoke, Vaughan, North York, York, Thunder Bay, Oakville, Burlington, Hamilton, Barrie, Sault Ste. Marie, Milton, the GTA, Ottawa, London, Brampton, Windsor, Markham, Guelph, Oshawa, Kingston, Sudbury, Newmarket, Peterborough, Whitby, Sarnia, Georgetown, Orangeville, Woodstock, Cornwall, Lakefield, Bancroft, and North Bay.
