Filing an HIE Lawsuit After Oxygen Deprivation at Birth

When a child suffers hypoxic ischemic encephalopathy (HIE) due to oxygen deprivation during birth, the physical, emotional, and financial impact on your family can be overwhelming. HIE is a serious brain injury that occurs when a newborn’s brain doesn’t receive enough oxygen and blood flow during labor and delivery. While some cases of HIE result from unpreventable complications, many are caused by medical negligence—mistakes that a careful healthcare provider could and should have avoided. Understanding what happened during your child’s birth is the first step toward getting answers and getting your family the support you deserve.

If you believe your child’s HIE was caused by medical negligence, you have the right to pursue legal action. An HIE lawsuit can help your family recover compensation for the extensive medical care, therapy, and support your child will need throughout their life. Because statute of limitations deadlines restrict how long you have to file a claim, it’s important to consult with a birth injury attorney as soon as possible. Contact a birth injury lawyer today for a free, confidential case evaluation to learn about your legal options.

On this page:

• What is an HIE lawsuit
• When HIE is medical malpractice
• Common types of negligence causing HIE
• Elements you must prove
• Statute of limitations for HIE cases
• Steps to file your HIE lawsuit
• The HIE litigation process
• Settlement vs. trial
• How much is an HIE case worth
• Finding an HIE lawyer
• Frequently asked questions

What Is an HIE Lawsuit?

An HIE lawsuit is a type of medical malpractice claim filed on behalf of a child who suffered hypoxic ischemic encephalopathy because healthcare providers failed to meet the accepted standard of care during pregnancy, labor, or delivery. These cases hold doctors, nurses, hospitals, and other medical professionals accountable when their negligence causes a preventable brain injury.

Hypoxic ischemic encephalopathy occurs when the brain is deprived of adequate oxygen (hypoxia) and blood flow (ischemia). This oxygen deprivation kills brain cells and can result in permanent neurological damage, developmental delays, cerebral palsy, seizures, and other lifelong disabilities. The severity of HIE ranges from mild to severe, with moderate and severe cases often causing devastating consequences for the child and family.

An oxygen deprivation lawsuit seeks compensation for the harm caused by medical negligence. This includes the cost of past and future medical treatment, rehabilitation and therapy, special education needs, assistive devices, home modifications, lost earning capacity, and the pain and suffering your child will endure throughout their life.

Filing a hypoxic ischemic encephalopathy lawsuit doesn’t erase what happened to your child, but it can provide the financial resources necessary to give them the best possible quality of life. It also serves an important function in promoting safer medical practices and preventing similar injuries to other families.

When Is HIE Considered Medical Malpractice?

Not every case of HIE results from medical negligence. Some instances of oxygen deprivation occur despite appropriate medical care. However, a significant percentage of HIE cases are preventable and result directly from healthcare providers’ failure to recognize warning signs, respond appropriately to complications, or follow established protocols.

HIE becomes medical malpractice when healthcare providers breach the standard of care—meaning they failed to provide the level of care that a reasonably competent medical professional would have provided under similar circumstances. This breach must directly cause the oxygen deprivation that led to your child’s brain injury.

Several situations during pregnancy and childbirth commonly lead to preventable HIE. If your medical team failed to monitor your baby’s condition properly, didn’t recognize signs of fetal distress, delayed necessary interventions, or made critical errors during delivery, their negligence may have caused your child’s injury.

The connection between the negligent act and your child’s HIE must be established through medical evidence. Your birth injury attorney will work with medical experts who can review your records, analyze what happened during labor and delivery, and determine whether the standard of care was violated. These experts can explain how different actions by your healthcare providers could have prevented the oxygen deprivation that injured your brain.

Documentation from the delivery is critical in HIE malpractice cases. Fetal heart rate monitoring strips, umbilical cord blood gas results, Apgar scores, and medical notes from labor and delivery all provide evidence about what occurred and when. If you’re considering an HIE lawsuit, consult with an experienced attorney who can obtain and analyze these records to determine if malpractice occurred.

Common Types of Medical Negligence That Cause HIE

Understanding the specific acts of negligence that can lead to oxygen deprivation helps families recognize whether their child’s HIE might have been preventable. The following are among the most common examples of medical malpractice that result in hypoxic ischemic encephalopathy.

Failure to Monitor Fetal Heart Rate

Continuous fetal heart rate monitoring during labor is standard practice because it reveals how well the baby is tolerating the stress of contractions. Abnormal heart rate patterns—such as late decelerations, prolonged decelerations, or minimal variability—indicate that the baby may not be receiving adequate oxygen. When healthcare providers fail to monitor the fetal heart rate appropriately or ignore concerning patterns, they miss critical opportunities to intervene before brain damage occurs.

Delayed Response to Fetal Distress

Even when fetal distress is identified, medical teams must respond quickly. A delay in taking action when a baby shows signs of oxygen deprivation can mean the difference between a healthy child and one with permanent brain damage. If your medical team recognized fetal distress but waited too long to perform a cesarean section or take other corrective measures, their delay may constitute negligence.

Failure to Perform Timely C-Section

Emergency cesarean delivery is often necessary when a baby is not tolerating labor or when complications arise that threaten oxygen supply. The decision-to-incision time—how quickly the surgical team can deliver the baby once the decision is made—is critical in these situations. Guidelines suggest that emergency C-sections should be performed within 30 minutes when fetal compromise is suspected. Delays beyond this window significantly increase the risk of HIE and other birth injuries. Learn more about how a delayed C-section can cause serious harm.

Mismanagement of Umbilical Cord Complications

The umbilical cord is the baby’s lifeline, delivering oxygen-rich blood from the placenta. When the cord becomes compressed, wrapped around the baby’s neck (nuchal cord), or prolapsed (drops into the birth canal ahead of the baby), oxygen supply can be severely compromised. Medical providers must recognize these complications and respond immediately. Failure to identify umbilical cord problems or delays in addressing them can result in severe oxygen deprivation. Read more about umbilical cord complications and birth injuries.

Improper Use of Delivery Instruments

Vacuum extractors and forceps can assist delivery when used appropriately, but improper use can cause trauma and oxygen deprivation. Excessive force, too many attempts at extraction, or use when the baby is not in the proper position can lead to serious complications including HIE. Healthcare providers must follow strict protocols when using these instruments. Understand the risks of vacuum extraction injuries and forceps delivery injuries.

Failure to Treat Maternal Conditions

Certain maternal health conditions increase the risk of oxygen deprivation if not managed properly. High blood pressure (preeclampsia), gestational diabetes, infections, and placental problems all require careful monitoring and treatment. When healthcare providers fail to diagnose or adequately treat these conditions, the baby’s oxygen supply may be compromised during labor and delivery.

Medication Errors

Pitocin (synthetic oxytocin) is commonly used to induce or augment labor, but excessive doses can cause overly strong or frequent contractions. These hyperstimulated contractions don’t allow the uterus to relax adequately between contractions, which can reduce blood flow and oxygen to the baby. Failure to monitor the effects of labor-inducing medications or to reduce the dosage when problems arise can lead to HIE. Explore complications from labor induction.

If medical negligence caused your child’s oxygen deprivation at birth, you may have grounds for an HIE malpractice claim. A birth injury attorney can review the specific circumstances of your case and determine whether healthcare providers’ actions fell below the accepted standard of care.

Elements You Must Prove in an HIE Lawsuit

To succeed in a hypoxic ischemic encephalopathy lawsuit, you must prove four legal elements. Medical malpractice cases are complex, and each element requires substantial evidence and expert testimony. Your attorney will build your case by gathering medical records, consulting with specialists, and documenting how negligence directly caused your child’s injury.

Duty of Care

The first element establishes that the healthcare providers owed a duty of care to you and your baby. This is usually straightforward in birth injury cases—when a doctor agrees to manage your pregnancy and delivery, or when hospital staff assists with your baby’s birth, they automatically assume a duty to provide competent medical care according to accepted standards.

Breach of Duty

You must demonstrate that the healthcare providers breached their duty by failing to meet the standard of care. This requires showing what a reasonably competent provider would have done under similar circumstances and how your providers’ actions or inactions fell short of that standard. Medical expert witnesses play a critical role in establishing breach of duty by explaining what should have occurred and how the actual care deviated from accepted practice. Learn more about how to prove birth injury malpractice.

Causation

Perhaps the most challenging element is proving that the breach of duty directly caused your child’s HIE. You must establish a clear causal link between the negligent act and the oxygen deprivation that resulted in brain damage. Medical experts will analyze the timeline of events, review fetal monitoring strips, examine umbilical cord blood gas results, and assess neuroimaging to determine when the brain injury occurred and what caused it.

In HIE cases, timing is everything. Brain injury from oxygen deprivation can occur before labor begins, during labor and delivery, or in the immediate postpartum period. Expert analysis must pinpoint when the injury happened and demonstrate that it occurred because of—not merely after—the negligent act.

Damages

Finally, you must prove that your child suffered actual harm and damages as a result of the HIE. This includes documenting the diagnosis, the severity of the brain injury, the treatments required, the long-term prognosis, and the financial and emotional impact on your family. Medical records, expert testimony about future needs, economic analysis of lifetime costs, and testimony about your child’s disabilities all contribute to proving damages.

The damages in HIE cases can be substantial because the injury is permanent and affects every aspect of the child’s life. Children with moderate to severe HIE often develop cerebral palsy, seizure disorders, intellectual disabilities, and physical impairments that require lifelong care and support.

Statute of Limitations for HIE Lawsuits

One of the most important considerations when filing a hypoxic ischemic encephalopathy lawsuit is the statute of limitations—the legal deadline by which you must file your claim. These deadlines vary significantly by state, and missing the deadline typically means losing your right to pursue compensation, no matter how strong your case.

Birth injury cases often have different statute of limitations rules than other medical malpractice cases because the injured party is a minor. Many states have special provisions that extend the filing deadline for children, recognizing that birth injuries may not be fully understood or diagnosed for months or years after birth.

Standard Limitations Periods

The standard medical malpractice statute of limitations ranges from one to four years in most states, typically beginning from the date of the negligent act or when the injury was discovered. However, birth injury cases frequently qualify for extended deadlines under minor tolling provisions.

Minor Tolling Provisions

Minor tolling means that the statute of limitations is “tolled” (paused) until the child reaches a certain age, often age 18. Some states allow the child to file a claim within a certain number of years after reaching adulthood. For example, if a state has a minor tolling provision that extends until age 18, plus two years, the child would have until their 20th birthday to file a hypoxic ischemic encephalopathy lawsuit.

However, many states also impose an outside limit or “statute of repose” that sets an absolute deadline regardless of the child’s age. This might be 10 years from the date of injury or from the child’s birth. These absolute deadlines can cut off claims before the child reaches adulthood, so it’s critical to understand your state’s specific rules.

Discovery Rule Exceptions

Some jurisdictions apply a “discovery rule” that starts the statute of limitations clock when the injury was discovered or reasonably should have been discovered. Because HIE is typically diagnosed within the first days or weeks after birth, the discovery rule may not significantly extend the deadline in most cases. However, when the connection to medical negligence isn’t immediately apparent, the discovery rule may provide additional time.

Importance of Acting Quickly

Even if your state provides an extended deadline for birth injury cases, waiting to consult with an attorney can jeopardize your claim. Evidence becomes harder to obtain over time, witnesses’ memories fade, and medical records can be lost or destroyed. Additionally, the investigation and preparation required for these complex cases takes substantial time.

Speak with a birth injury attorney as soon as you suspect that medical negligence caused your child’s HIE. Most law firms offer free consultations and can quickly assess whether you have a viable claim and how much time remains under your state’s statute of limitations. Read more about birth injury statute of limitations deadlines across the country.

Steps to File Your HIE Lawsuit

Filing an oxygen deprivation lawsuit is a detailed process that requires careful preparation, extensive documentation, and expert analysis. Understanding the steps involved can help you know what to expect as your case moves forward.

Initial Consultation

Your first step is contacting a birth injury attorney who has experience handling HIE malpractice cases. During your initial consultation—typically offered at no cost—you’ll discuss what happened during your pregnancy, labor, and delivery, your child’s diagnosis and current condition, and the treatment they’ve received. The attorney will ask detailed questions to understand the timeline and identify potential negligence.

Bring any medical records you have to this initial meeting, including prenatal records, labor and delivery notes, fetal monitoring strips, hospital discharge summaries, and your child’s diagnostic test results. The more information you can provide, the better the attorney can evaluate your potential claim.

Medical Record Collection and Review

If the attorney believes you may have a valid claim, the next step is obtaining complete copies of all relevant medical records. This includes your prenatal care records, all documentation from labor and delivery, fetal heart rate monitoring strips, laboratory results including umbilical cord blood gases, admission notes, nursing notes, physician orders, and all records related to your child’s treatment after birth.

Your attorney will review these records in detail, creating a timeline of events and identifying areas of concern. This initial review helps determine whether there’s sufficient evidence to support a medical malpractice claim.

Expert Medical Review

HIE lawsuits require testimony from qualified medical experts who can explain the standard of care, identify how it was breached, and establish causation. Your attorney will retain appropriate experts—often including maternal-fetal medicine specialists, neonatologists, neurologists, and other relevant specialists—to review the medical records and provide opinions about whether negligence occurred.

These experts will analyze the fetal heart rate monitoring strips, evaluate whether the medical team responded appropriately to signs of distress, assess whether delivery should have occurred sooner, and determine whether the oxygen deprivation and resulting brain injury were preventable. Their analysis forms the foundation of your case.

Filing the Complaint

Once your attorney has gathered sufficient evidence and obtained supporting expert opinions, they’ll prepare and file a complaint (or petition) in the appropriate court. The complaint outlines the facts of your case, identifies the defendants (doctors, nurses, hospital, or other parties), explains how they breached the standard of care, describes the injuries your child suffered, and specifies the damages you’re seeking.

Many states require that a certificate of merit or affidavit of merit be filed along with the complaint. This is a statement from a qualified medical expert affirming that they’ve reviewed the case and believe there’s a reasonable basis for the malpractice claim. This requirement prevents frivolous lawsuits and ensures that claims are supported by medical expertise before proceeding.

Serving the Defendants

After filing, the defendants must be formally served with the complaint, giving them notice of the lawsuit and an opportunity to respond. The defendants—typically represented by attorneys hired by their malpractice insurance carriers—will file an answer to the complaint, admitting or denying the allegations and raising any defenses.

Don’t wait to explore your legal options if you believe medical negligence caused your child’s hypoxic ischemic encephalopathy. Contact a birth injury lawyer to discuss your case and understand the process of filing an HIE lawsuit.

The HIE Litigation Process

After your hypoxic ischemic encephalopathy lawsuit is filed, the case enters the litigation phase, which can last anywhere from several months to several years depending on the complexity of the case and the court’s schedule. Understanding what happens during litigation helps you prepare for what’s ahead.

Discovery Phase

Discovery is the process where both sides exchange information and gather evidence. This phase typically includes written discovery (interrogatories and requests for production of documents), depositions, and expert witness disclosures.

Interrogatories are written questions that must be answered under oath. Both sides will ask detailed questions about the medical care provided, the child’s condition and treatment, and the damages claimed. Requests for production require parties to provide relevant documents, though most medical records will have been obtained earlier in the case.

Depositions are oral examinations under oath where attorneys question witnesses, parties, and experts. In an HIE lawsuit, depositions typically include the parents, the treating physicians and nurses, hospital administrators, and expert witnesses from both sides. These depositions allow attorneys to understand what witnesses will say at trial and to assess the strengths and weaknesses of the case.

Expert Witness Preparation

Your attorney will work closely with medical experts throughout the litigation process. Experts must prepare written reports detailing their opinions about the standard of care, breach, causation, and damages. They’ll be deposed by the defense attorneys and must be prepared to defend their opinions under rigorous questioning.

The defense will also retain their own experts who will offer opinions supporting the defendants’ position—typically arguing that the care was appropriate and that the HIE was not preventable or not caused by the defendants’ actions. Your attorney will depose these defense experts to understand their theories and prepare to challenge them.

Mediation and Settlement Negotiations

Many HIE malpractice cases settle before trial through mediation or direct settlement negotiations. Mediation is a structured negotiation process where a neutral third party (the mediator) helps facilitate settlement discussions. Both sides present their case to the mediator, who then works with each side separately to explore settlement options and encourage compromise.

Settlement negotiations can occur at any point during the case—sometimes even before a lawsuit is filed—but often intensify after discovery is complete and both sides have a clear understanding of the evidence and potential outcomes at trial.

Settling an HIE lawsuit offers several advantages: it provides compensation more quickly than going through trial, eliminates the uncertainty of a jury verdict, and allows you to avoid the stress of testifying at trial. However, settlement requires compromise, and you’ll need to carefully consider whether the offered amount adequately compensates your family for your child’s injuries and future needs.

Trial Preparation

If settlement isn’t reached, your case will proceed to trial. Your attorney will prepare witnesses, organize exhibits, develop trial strategy, and prepare opening statements, direct examinations, cross-examinations, and closing arguments. Trial preparation is intensive and requires careful attention to detail.

In an HIE trial, the jury will hear testimony from both sides, including medical experts who will explain complex medical concepts in terms the jury can understand. Your attorney will present evidence showing what happened during labor and delivery, how the defendants breached the standard of care, and how that breach caused your child’s oxygen deprivation and brain injury.

Verdict and Post-Trial Motions

After hearing all the evidence, the jury deliberates and returns a verdict. If the jury finds in your favor, they’ll award damages based on the evidence presented about your child’s injuries and needs. If the jury finds for the defendants, no damages are awarded.

After trial, either side may file post-trial motions asking the court to modify the verdict or order a new trial. These motions are common in medical malpractice cases and can extend the timeline before a final judgment is entered. If either side is dissatisfied with the outcome, they may appeal to a higher court, which can add additional months or years to the process.

Settlement vs. Trial in HIE Cases

One of the most important decisions you’ll face in pursuing a hypoxic ischemic encephalopathy lawsuit is whether to accept a settlement offer or proceed to trial. Each option has advantages and disadvantages that should be carefully weighed with your attorney’s guidance.

Benefits of Settlement

Settling your HIE malpractice case provides certainty and closure. You’ll know exactly how much compensation your family will receive, and you’ll receive it much sooner than if you go through trial and potential appeals. Settlement also spares you and your family the stress and emotional difficulty of testifying at trial and reliving the traumatic events surrounding your child’s birth.

Trials are inherently unpredictable. Even strong cases can result in defense verdicts, and jury awards can vary widely. Settlement eliminates this uncertainty, ensuring that your child will receive compensation for their needs.

Additionally, settlements are typically confidential, protecting your family’s privacy. Trial proceedings and verdicts become part of the public record, which some families prefer to avoid.

Benefits of Trial

Going to trial may result in a larger award than what defendants are willing to offer in settlement. Juries that hear compelling evidence about a child’s preventable brain injury and the lifelong consequences often award substantial damages that exceed settlement offers.

Trial also provides public accountability. A jury verdict that finds medical providers liable for negligence serves an important function in promoting patient safety and preventing similar injuries to other families.

Some families find the trial process empowering—having the opportunity to tell their story publicly and hold negligent providers accountable provides a sense of justice that settlement doesn’t offer.

Factors to Consider

Several factors should influence your decision about settlement versus trial. The strength of your evidence is paramount—if liability is clear and your experts are highly credible, trial may be more favorable. If there are weaknesses in your case or disputes about causation, settlement may be the wiser choice.

The amount of the settlement offer compared to the likely trial outcome is obviously important. Your attorney can help you evaluate whether the offer reasonably compensates your family for the extensive damages in an HIE case.

Your family’s circumstances and needs also matter. If your child requires immediate medical intervention or equipment that you cannot afford, settling sooner may be necessary. If you have the resources to wait and the strength to endure the trial process, pursuing maximum compensation through trial may be appropriate.

Your attorney should provide honest guidance about the risks and potential outcomes of both settlement and trial, helping you make an informed decision that serves your family’s best interests. Learn more about birth injury settlements and what factors influence case value.

How Much Is an HIE Lawsuit Worth?

The value of a hypoxic ischemic encephalopathy lawsuit varies significantly based on the severity of the brain injury, the extent of the child’s disabilities, the strength of the malpractice evidence, and the jurisdiction where the case is filed. HIE settlements and verdicts can range from hundreds of thousands to millions of dollars.

Economic Damages

Economic damages compensate for concrete financial losses, both past and future. In HIE cases, these damages often represent the largest portion of the total award.

Medical expenses include the cost of initial hospitalization and intensive care, therapeutic hypothermia (cooling therapy), neuroimaging studies, ongoing neurological care, seizure medications, physical therapy, occupational therapy, speech therapy, and assistive devices. Children with moderate to severe HIE require extensive medical care throughout their lives, and expert economists work with medical professionals to calculate the total cost of this lifetime care.

Special education costs can be substantial for children with cognitive impairments resulting from HIE. Private schooling, one-on-one aides, specialized instruction, and educational therapy all contribute to these expenses.

Home modifications and equipment may be necessary if the child has significant physical disabilities. Wheelchair accessibility, specialized beds, lifts, communication devices, and vehicle modifications can cost hundreds of thousands of dollars.

Lost earning capacity represents the income the child would have earned over their lifetime if not for the brain injury. For children with severe HIE who will never be able to work, this can represent millions of dollars.

Caregiver expenses recognize that parents often must reduce their work hours or leave employment entirely to care for a child with significant disabilities. These damages compensate for the income parents lose and the value of the care they provide.

Non-Economic Damages

Non-economic damages compensate for intangible harms that don’t have a specific dollar value but profoundly impact the child and family’s quality of life.

Pain and suffering encompasses the physical pain and discomfort the child experiences due to HIE and its complications, including painful medical procedures, seizures, spasticity, and surgical interventions.

Loss of enjoyment of life recognizes that children with severe HIE cannot participate in normal childhood activities, pursue interests and hobbies, form relationships, or experience the pleasures of life that uninjured children enjoy.

Emotional distress damages may be awarded to parents for the psychological trauma of watching their child suffer and the ongoing emotional burden of caring for a child with severe disabilities.

Some states cap non-economic damages in medical malpractice cases, limiting the amount that can be awarded for pain and suffering regardless of the severity of the injury. These caps significantly impact total compensation in HIE cases and vary widely by state.

Factors That Affect HIE Settlement Amounts

Several factors influence what your HIE malpractice case is worth. The severity of the brain injury is the most significant factor—mild HIE with full recovery results in lower damages than severe HIE with permanent disabilities.

The strength of the liability evidence matters considerably. Clear, compelling evidence of negligence and causation increases settlement value, while disputed liability reduces it.

The quality of your medical experts and their opinions significantly impacts case value. Well-credentialed experts who provide clear, convincing testimony about breach of standard of care and causation strengthen your case.

The jurisdiction where you file can affect value due to differences in jury attitudes, damage caps, and legal precedents. Some areas are more favorable to plaintiffs in medical malpractice cases than others.

The defendants’ insurance coverage may limit available compensation. While most hospitals and physicians carry substantial malpractice insurance, policy limits can cap what you can recover even if your damages exceed those limits.

If you’re wondering about the potential value of your HIE lawsuit, consult with an experienced attorney who can evaluate the specific factors in your case. Explore information about birth injury compensation and what damages may be available.

Finding the Right HIE Lawyer

Choosing the right attorney to handle your hypoxic ischemic encephalopathy lawsuit is one of the most important decisions you’ll make. These cases are medically complex, require substantial resources, and demand specific expertise in both medical malpractice and birth injury law.

Experience with Birth Injury Cases

Look for an attorney or law firm with extensive experience handling birth injury cases, specifically HIE malpractice claims. These cases require understanding of obstetric standards of care, fetal monitoring interpretation, neonatal resuscitation, and the neurological consequences of oxygen deprivation. General personal injury attorneys often lack this specialized knowledge.

Ask potential attorneys how many HIE cases they’ve handled, what their success rate is, and whether they can provide references or case results demonstrating their experience.

Resources and Expert Network

HIE lawsuits require substantial upfront investment in medical expert fees, record review, litigation costs, and trial preparation. Choose a law firm with the financial resources to fully investigate and prosecute your case without requiring you to pay expenses out of pocket.

The firm should have established relationships with credible medical experts in relevant specialties—maternal-fetal medicine, obstetrics, neonatology, pediatric neurology, and life care planning. These expert relationships are critical to building a strong case.

Track Record of Results

Review the attorney’s or firm’s history of settlements and verdicts in birth injury cases. While past results don’t guarantee future outcomes, a strong track record demonstrates capability and experience. Look for significant settlements and verdicts in cases involving HIE and other serious birth injuries.

Compassion and Communication

Birth injury cases are deeply personal and emotionally difficult. Choose an attorney who demonstrates genuine compassion for your family’s situation and who communicates clearly about the legal process, timeline, and your case’s strengths and weaknesses.

You should feel comfortable asking questions and confident that your attorney understands your goals—whether that’s maximum compensation, public accountability, or ensuring your child’s needs are met.

Contingency Fee Arrangement

Most birth injury attorneys work on a contingency fee basis, meaning they only get paid if they recover compensation for you. The attorney’s fee is a percentage of the settlement or verdict, typically ranging from 33% to 40% depending on the stage of the case.

This arrangement allows families to pursue justice without paying upfront legal fees or hourly rates. Ask potential attorneys to clearly explain their fee structure, what percentage they charge, and what costs are deducted from the settlement.

No-Obligation Consultation

Reputable birth injury law firms offer free, no-obligation consultations to evaluate your potential case. Take advantage of these consultations to meet with attorneys, discuss your situation, and determine whether you’re comfortable working with them.

Don’t wait to explore your legal options. Time limits apply to HIE lawsuits, and early consultation with an experienced attorney protects your rights and preserves critical evidence. Contact a birth injury attorney today to discuss your case.

Take Action to Protect Your Family’s Rights

If your child suffered hypoxic ischemic encephalopathy because of oxygen deprivation during birth, and you believe medical negligence played a role, you owe it to your family to explore your legal options. An HIE lawsuit cannot undo the harm your child suffered, but it can provide the financial resources necessary to give them the best possible quality of life and access to the care and support they need.

The first step is consulting with an experienced birth injury attorney who can review your medical records, evaluate whether malpractice occurred, and explain your legal options. Most attorneys offer free consultations and work on contingency, so there’s no financial risk in learning about your rights.

Time is critical. Statute of limitations deadlines can bar your claim if you wait too long, and evidence becomes harder to obtain as time passes. Contact a birth injury lawyer today for a free, confidential case evaluation and take the first step toward getting answers and securing your child’s future.

Frequently Asked Questions About HIE Lawsuits