If you or your child has suffered Hypoxic Ischaemic Encephalopathy (HIE), then we can help you to investigate whether their injury was caused by medical negligence and, where appropriate, bring a claim for compensation.
The birth of your child should be a wonderful and joyous event, but sometimes pregnancy, labour or the period shortly after birth does not go according to plan. Medical professionals are trained to identify and respond to complications, but sadly mistakes, delays or failures in care can sometimes result in a baby being deprived of oxygen and suffering a brain injury.
We understand how devastating it can be to discover that your child or a family member has suffered an injury that may have been avoided. Our specialist clinical negligence solicitors have extensive experience dealing with complex birth injury claims and understand the profound impact that HIE can have on children, adults and their families.
We will take the time to understand what happened to your child, investigate the care provided and, where there is evidence of negligence, work to secure the compensation and support your family may need for the future.
If you believe you or your child or a family member has suffered HIE as a result of medical negligence, you can contact us today to discuss your potential claim.
What is Hypoxic Ischaemic Encephalopathy (HIE)?
Hypoxic Ischaemic Encephalopathy, commonly known as HIE, is a type of brain injury caused when the brain does not receive enough oxygen and blood flow.
HIE can occur before birth, during labour and delivery, or shortly after a baby is born. The severity and effects of the injury can vary considerably from one child to another. In some cases, HIE may occur because of complications that could not have been prevented. However, there are circumstances where a failure to recognise or respond appropriately to problems during pregnancy, labour or after birth may cause or worsen an avoidable brain injury.
HIE does not just affect newborns, it can also occur in older children and adults, for example due to cardiac arrest.
Our role is to investigate what happened and determine whether the medical care provided fell below an acceptable standard and caused or contributed to your child's injury.
What causes HIE?
There are many possible causes of HIE. A baby may be deprived of oxygen or blood flow because of problems affecting the placenta, umbilical cord, the mother's health, or complications during labour and delivery. Not every case of HIE is caused by medical negligence. Establishing what caused your child's injury requires careful investigation of the medical records and, usually, expert medical evidence.
HIE can occur following cardiac arrest or where oxygen is restricted.
Not every case of HIE is caused by medical negligence. Establishing what caused the injury requires careful investigation of the medical records and, usually, expert medical evidence.
How are children affected by HIE?
The effects of HIE can vary significantly depending on the severity and circumstances of the brain injury. Some children may make a good recovery, while others can experience long-term or lifelong difficulties. Depending on the extent of the injury, HIE can be associated with conditions and difficulties including:
- Cerebral Palsy
- Developmental delay
- Epilepsy and seizures
- Problems with movement and coordination
- Difficulties with communication and speech
- Problems with learning and cognition
- Feeding difficulties
- Problems with vision or hearing
- Behavioural or emotional difficulties
- The need for ongoing care and support
For some children, their needs may change as they grow and develop. A child who appears to have relatively limited difficulties at an early age may require additional support as they get older and their needs become clearer.
This is why it is important that any potential claim is investigated carefully and that the future needs of the child are properly considered.
What happens when you make an HIE claim?
If you or your child has suffered HIE and you believe that medical negligence caused or contributed to the injury, you may be able to bring a clinical negligence claim. Every case is different. We will need to investigate the circumstances and consider whether there was a failure in the standard of care.
We will obtain the relevant medical records and work with appropriate independent medical experts to establish whether the care provided was negligent and whether that negligence caused or contributed to the injury.
We understand that contacting a solicitor can feel daunting, particularly when you are already dealing with the consequences of you or your child's injury. Our approach is designed to make the process as straightforward as possible.
Clear and honest advice
We will explain the evidence and the progress of your case in straightforward language, without unnecessary legal jargon. We understand that you will want answers, and we will keep you informed as your claim progresses.
Understanding your child's future needs
HIE can result in complex and changing needs. Where a claim is established, we will work with appropriate experts to understand the care, treatment, therapy, equipment, accommodation and other support your child may need in the future.
When can you make an HIE claim?
There are strict time limits for bringing medical negligence claims, although different rules can apply depending on the circumstances whether the injured person is a child and the extent of the injury.
Generally, a claim must be brought within three years of the date of the negligence or the date when the person became aware, or ought reasonably to have become aware, of the injury and its potential connection with medical negligence. There are important exceptions for children and those who do not have mental capacity. In many circumstances, the three-year limitation period does not begin until the child reaches the age of 18. For those who lack mental capacity then special rules apply. The rules surrounding limitation can be complicated, so it is important to obtain specialist legal advice as soon as possible.
Why choose us for an HIE claim?
- We are a member of the legal panel of Peeps HIE, a Charity who support those affected by HIE.
- We are specialists in HIE claims.
- We are ranked Band 1 by Chambers & Partner and Top Tier by the Legal 500.
- We combine specialist legal expertise with a compassionate approach, taking the time to understand the circumstances of your child's injury and the impact it has had on your family.
- Our focus is not simply on bringing a claim. It is on understanding your child's needs and seeking the answers and financial support your family may need for the future.
- We are recognised as a top firm for client satisfaction by the Legal 500, LawNet and Review Solicitors.
How we can help
If you believe that you or your child's Hypoxic Ischaemic Encephalopathy may have been caused or made worse by medical negligence, our specialist solicitors can help you understand your options. You may have questions about what happened, whether your child's injury could have been avoided and whether you have a claim.
Contact us today for a confidential discussion about your circumstances.