Hypoxic Ischemic Encephalopathy

Unfortunately, many birth injuries are the result of medical malpractice. Hypoxic Ischemic Encephalopathy is a medical condition that affects thousands of infants in the United States every year. If you believe your child’s condition was a result of a health care provider’s negligence in the Baltimore area, it is advisable to speak to a birth injury attorney. At Lebowitz & Mzhen Personal Injury Lawyers, our team can meticulously examine the facts of your case and seek the compensation you deserve for your child’s injuries. While no amount of money can undo the harm, the compensation represents some measure of justice and can help you bear the financial burden that you may have.

Hypoxic ischemic encephalopathy (HIE) is a brain injury that takes place when the fetus does not receive enough oxygen. Oxygen deprivation can cause long-term damage to the cells in the brain and spinal cord. The lack of oxygen can result from a number of factors pertaining to childbirth, such as prolonged birth, untimely C-section, fetal heartbeat misread, or simply a failure by the physician to act quickly enough. Treatment of HIE will vary depending on the extent to which a child’s brain has been damaged.

Many times, HIE could have been prevented. If your child has been subjected to this type of birth injury, you can likely file a medical malpractice claim against the at-fault party. Medical malpractice occurs when a health care provider fails to exercise the degree of care that another provider in the same specialty and geographic area would use in the same circumstances, and that failure causes an injury to a patient. Negligent conduct is not limited to acts by the medical professional but also includes omissions. Therefore, a medical negligence lawsuit can arise when a medical professional fails to act when he or she should have taken steps to prevent a patient’s condition from worsening.

Under Maryland law, in order to maintain a medical malpractice claim against a physician, an individual must obtain a certificate of merit by a medical doctor that the negligent physician deviated from the required standard of care and caused the victim’s harm. The type of doctor who should generate the certificate of merit will be tailored to the subject matter of the specific claim. For example, if the alleged negligence was by an obstetrician, the certificate of merit would typically be by another obstetrician who can truly understand the merits of the case.

It is important to note that any medical malpractice claim must be filed within a certain time frame, known as the statute of limitations. In Maryland, with regard to birth injury cases such as those caused by hypoxia or lack of oxygen, there is one statute of limitation period for the parents' claim, and one statute of limitation period for the injured infant's claim. As a result, it is particularly important to understand the applicable time limits. We can help you understand the involved deadlines.

At Lebowitz & Mzhen Personal Injury Lawyers, our diligent medical malpractice lawyers have asserted the rights of injured Baltimore children and their families for over 20 years. We understand the nuances of this area of law and can use our skills on your behalf. We proudly represent clients throughout Maryland and Washington, D.C. For a free initial consultation, call us toll-free at (800) 654-1949 or locally at (410) 654-3600. Alternatively, you can contact us online.