What Parents Should Know About Filing a Hypoxic-Ischemic Encephalopathy (HIE) Claim

September 10, 2025

Filing a Hypoxic-Ischemic Encephalopathy (HIE) claim is a legal action taken to secure financial support for your child’s lifelong care when the brain injury was caused by a medical professional’s failure to meet the required standard of care during labor or delivery. This means proving that a doctor’s or hospital’s action—or inaction—led to the oxygen deprivation that caused your child’s injury.

These cases require a detailed investigation into medical records to identify errors like a delayed C-section or a failure to respond to fetal distress. While a lawsuit cannot change the diagnosis, it provides the resources necessary for therapies, medical equipment, and future care, ensuring your child has the support they need.

If you have questions about what happened during your child’s birth, call Wapner Newman for a no-cost consultation at (215) 569-0900.

Key Takeaways for Filing a Hypoxic-Ischemic Encephalopathy (HIE) Claim

HIE may be grounds for a legal claim if diagnostic error caused the injury. We must prove that a healthcare provider’s negligence, such as failing to monitor fetal distress, directly led to oxygen deprivation.
Compensation covers your child’s extensive lifelong needs. A successful claim provides funds for ongoing medical bills, therapies, assistive devices, and in-home care, ensuring your child has the necessary resources for the best possible quality of life.
The legal process is managed by your birth injury attorney, with most cases settling out of court. Your focus remains on your child while the law firm handles the investigation, evidence gathering, and negotiations, removing the stress of a trial from your family.

What Is HIE and When Does It Become a Legal Matter?

Hypoxic-ischemic encephalopathy, or HIE, is a type of brain injury that occurs when the brain doesn’t receive enough oxygen and blood flow for a period of time. It is a recognized, though not common, birth complication, affecting an estimated 1 to 3 infants out of every 1,000 live births in the United States.

While some cases of HIE are unavoidable, many are preventable. The transition from a medical diagnosis to a legal matter happens when there is reason to believe the injury resulted from a medical professional’s error.

Common, preventable medical mistakes that may lead to HIE include:

Failure to monitor fetal heart rate: This involves not recognizing clear signs of fetal distress on the monitoring equipment.
Delayed emergency C-section: Healthcare providers may wait too long to intervene when labor is not progressing or the baby is showing signs of distress.
Improper use of labor-inducing drugs: Mismanaging medications like Pitocin causes contractions that are too strong or frequent, cutting off oxygen to the baby.
Mishandling of umbilical cord complications: Complications such as a prolapsed or compressed cord require immediate and appropriate action.
Failure to perform timely cooling therapy: Not starting therapeutic hypothermia quickly enough after birth misses the window to reduce the extent of brain damage.

A legal claim arises when a healthcare professional breaches the “standard of care.” This concept means the level of skill and care that a reasonably competent healthcare professional would have provided under similar circumstances. When that standard is not met and the failure directly causes your child’s injury, it forms the basis of a medical malpractice case.

What Does a Lawsuit Involve? A Step-by-Step Overview

Here is a look at the key stages involved:

Initial Consultation and Case Review: This first step is a conversation, not a commitment. We will listen to your story and review the initial medical facts to determine if there is a potential case. There is no charge for this discussion.
Gathering and Analyzing Medical Records: Our firm will collect all relevant medical records from the pregnancy, labor, delivery, and post-natal care. We then work with medical professionals—such as neonatologists and obstetricians—to pinpoint where and how the standard of care may have been breached.
Filing the Lawsuit: If the comprehensive review confirms that negligence occurred, we file a formal complaint to initiate the lawsuit. The requirements for this step vary by state. In Pennsylvania, for instance, these claims are governed by the MCARE Act. In New Jersey, the process requires an “affidavit of merit” from a qualified medical professional to proceed. We handle these specific state requirements for you.
The Discovery Phase: This is the evidence-gathering stage of the case. Both sides exchange information and take depositions, which are sworn, out-of-court testimonies from the doctors, nurses, and other parties involved.
Settlement or Trial: The vast majority of HIE cases are resolved through a settlement before ever reaching a courtroom. A settlement is a negotiated agreement to resolve the case. If a fair agreement cannot be reached, our attorneys are fully prepared to present your case to a jury.

Your focus should be on your child’s care and well-being. Our role is to manage the entire legal process, keeping you informed and supported at every step.

What Kind of Compensation Is Pursued in an HIE Claim?

Our goal is to pursue the maximum compensation available to cover both current and future needs.

Damages are broken down into specific categories:

Economic Damages (Tangible Costs):
- Medical Bills: This includes all past, present, and future hospitalizations, surgeries, and doctor visits.
- Therapies: The costs of physical, occupational, and speech therapy.
- Assistive Devices: This includes wheelchairs, communication devices, and necessary home modifications.
- In-Home Care: The potential need for skilled nursing assistance or other home health services.
- Lost Future Earnings: The income your child might have earned if not for the injury.
Non-Economic Damages (Intangible Costs): This addresses the pain, suffering, and loss of enjoyment of life that result from the injury.

Frequently Asked Questions About HIE Claims

How long do we have to file an HIE claim in Pennsylvania?

In Pennsylvania, the statute of limitations for medical malpractice is generally two years from the date the injury was discovered. However, for injuries to a minor, the rules are different. The two-year clock does not start until the child turns 18, meaning a claim is typically filed until their 20th birthday. Speak with an medical malpractice attorney as soon as possible to ensure your family’s rights are protected.

How much does it cost to hire Wapner Newman for a birth injury case?

We handle HIE and other birth injury cases on a contingency fee basis. This means you pay no upfront fees. Our firm advances the costs of litigation, and we only receive a fee if we successfully recover compensation for you and your family.

Will we have to go to court?

It is very unlikely. Most birth injury lawsuits are resolved through out-of-court settlements. We prepare every case as if it will go to trial, which positions us to negotiate from a position of strength. Our primary goal is to secure a fair settlement that meets your child’s needs without the added stress of a trial.

How do we prove the hospital or doctor was at fault?

Proof comes from a meticulous review of the medical records. We look for evidence in the fetal heart monitoring strips, doctors’ notes, hospital policies, and timelines to show that a deviation from the accepted standard of care occurred and caused the injury. This is why we work with highly qualified medical professionals to build a strong and compelling case.

What if we signed consent forms at the hospital?

Signing a consent form does not give a medical professional permission to provide negligent care. A consent form is meant to acknowledge the known risks of a medical procedure; it does not waive your right to hold a provider accountable for preventable medical errors.

Securing Your Child’s Future with Wapner Newman

You are your child’s most important advocate, but you do not have to find the answers alone. We have years of experience handling these sensitive cases for families in Pennsylvania and New Jersey. One phone call is enough to get started.

If you are ready to explore your options, we are here to listen.

Call Wapner Newman today at (215) 569-0900.