Children with disabilities: Medical negligence and Hypoxic Ischemic Encephalopathy
Pregnancy and the birth of a baby is a significant experience in any parent’s life. Sadly, there are cases where things go wrong resulting in lifelong implications for the baby and their families.
Labour, obstetric and neonatal negligence cases are complicated personal injury claims requiring specialised medical and legal knowledge. One of the issues we assist our clients with is cases related to disability as a result of Hypoxic-Ischemic Encephalopathy or HIE.
Unfortunately, many families are unaware of HIE, its causes, symptoms and long-term implications and that they may be able to claim compensation if it was caused by negligence.
What is Hypoxic-Ischemic Encephalopathy?
Hypoxic-Ischemic Encephalopathy (HIE) is a condition that occurs when brain cells are deprived of oxygen. This oxygen deprivation can result in permanent injury, disability or even death. HIE most commonly affects babies and young children and can have various causes.
HIE can occur in two stages. The first stage is oxygen deprivation (often referred to as asphyxia or hypoxia) and the second stage is referred to as re-oxygenation. The first causes oxygen deprivation of the brain cells, while the second is the result of oxygen flooding the bloodstream and brain, which affects cells that have been damaged by deprivation. When symptoms of HIE are noticed, it is often too late to reverse the damage. Doctors and medical staff should be on high alert in the case of complicated pregnancies or deliveries. Babies who are born prematurely are often more prone to experience HIE. If a child exhibits symptoms, a physician can investigate and diagnose the condition with the use of MRI, EEG or ultrasound. In some cases hypoxic reactions can be treated by cooling a baby’s core body temperature which may reduce the severity of the damage.
What are the long-term effects of HIE?
Cases of HIE differ from child to child. Often the main effects are developmental. This includes neurodevelopmental delays and delays in motor skills, cognition, impairment of vision and hearing. There is also a significant risk of the development of Cerebral Palsy. For more information on birth injuries and other causes of Cerebral Palsy access our article at https://pauldup.co.za/pregnancy-awareness-birth-injuries-and-other-causes-of-cerebral-palsy/
Additional care, therapy, medication, assistive devices, home alterations and requirement of lifelong care could have huge emotional and financial implications for babies and their families.
For examples of the type of compensation which could be claimed in negligence cases read our informative article at https://pauldup.co.za/examples-of-compensation-for-disability/
When is HIE a result of negligence?
HIE is not always preventable. However, there are cases where it could and should have been avoided had the medical personal treating the pregnancy and delivery acted appropriately. High risk pregnancies and early signs of fetal distress should be attended to with extra care. This includes adequate monitoring of heart rates and oxygen levels, testing for conditions such as infections, diabetes, preeclampsia, umbilical cord trauma and placental detachment. Similarly delayed labour and failure to perform an emergency caesarean section could result in oxygen deprivation.
How can a medical negligence attorney help?
If you suspect that your child has been affected by HIE due to negligent care, you should contact an attorney as soon as possible. An attorney with experience in HIE and birth injury claims can advise you of the steps that need to be taken, assist with obtaining medical records and expert opinions and fight in court on your behalf. A specialised attorney will understand the medical and legal principles required to be successful with a claim and provides you and your child with the best chance of obtaining compensation so as to maximise quality of life despite the devastating disability.
For more information on HIE or other birth related injuries such as Cerebral Palsy, contact Paul du Plessis Attorneys at 012 809 1588 or e-mail paul@pauldup.co.za. Our consultations are free and under no obligation, simply contact us to discuss your case and we will advise you on your options.