Hypoxic-ischemic encephalopathy (HIE), also called birth asphyxia or perinatal oxygen deprivation, is brain damage that occurs when a baby’s brain does not receive enough oxygen or blood flow around the time of birth. HIE is one of the leading causes of permanent birth injuries, including cerebral palsy, cognitive disabilities, and seizure disorders. When oxygen deprivation results from a preventable failure in obstetric or neonatal care, Illinois families may be able to bring a birth injury medical malpractice claim. The Collins Law Group investigates these cases for families throughout Illinois.
Timing matters enormously with oxygen deprivation. Even a few minutes can be the difference between a healthy newborn and a child with lifelong disabilities. That is why the standard of care requires the medical team to monitor closely and act quickly when warning signs appear.
Oxygen deprivation can occur when providers fail to recognize and respond to a non-reassuring fetal heart-rate pattern, delay a medically necessary cesarean section, mismanage a prolapsed umbilical cord, fail to address a placental abruption or uterine rupture, or improperly use Pitocin to induce or augment labor. A nuchal cord (umbilical cord wrapped around the neck) and shoulder dystocia can also restrict oxygen if not managed appropriately. The brain injury that follows is often the underlying cause of cerebral palsy.
HIE is typically identified through Apgar scores, umbilical cord blood gas testing, and neurological examination, and confirmed with imaging such as MRI. For qualifying newborns, therapeutic hypothermia (controlled cooling) within the first hours after birth can reduce the extent of brain damage. A failure to diagnose HIE promptly or to provide cooling therapy when indicated can itself be a deviation from the standard of care. Birth injury claims are a type of medical malpractice and require the same rigorous proof.
Under 735 ILCS 5/13-212(b), a medical malpractice claim on behalf of a minor may generally be brought up to eight years after the negligent act, but never after the child’s 22nd birthday. Illinois also requires an affidavit and a supporting report from a qualified health professional under 735 ILCS 5/2-622 before a malpractice case proceeds. Where a child does not survive, families may instead need to consider a wrongful death claim.
HIE describes the brain injury caused by oxygen and blood-flow deprivation around birth. Cerebral palsy is one of the lasting conditions that HIE can cause. In other words, HIE is often the event, and cerebral palsy can be one of its long-term results.
Therapeutic hypothermia can reduce brain damage for certain newborns when started within hours of birth. Whether it was indicated, available, and properly provided in your case is a medical question we investigate with neonatology experts as part of evaluating the claim.
We obtain the full labor and delivery records, including the fetal heart-rate monitoring strips and cord blood gas results, and have qualified physicians review whether the team recognized distress and responded within the standard of care. Illinois requires a written report confirming merit before filing.
For an injury to a child, Illinois generally allows a claim up to eight years after the negligence, but never past the child’s 22nd birthday, under 735 ILCS 5/13-212(b). Because exceptions exist, it is best to have your case reviewed promptly.
No. Consultations are free and we handle birth injury cases on a contingency-fee basis, so there is no attorney fee unless we recover compensation for your family.
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