Pittsburgh
Hypoxic-Ischemic Encephalopathy Lawyer

On This Page

1. Medical Negligence and Hypoxic Ischemic Encephalopathy
2. Hypoxic-Ischemic Encephalopathy and Medical Malpractice in Pennsylvania
3. Berger and Green Can Help You Pursue Compensation Based on Your Child’s Hypoxic Ischemic Encephalopathy Diagnosis
4. Recoverable Damages in a Pittsburgh, PA Medical Malpractice Case
5. Take Action While There Is Still Time
6. Talk to a Medical Malpractice Attorney in Pittsburgh About Your Child’s Case

REVIEWED BY

C. William Kenny

December 12, 2023

Board certified by National Board of Trial Advocacy

Medical Negligence and Hypoxic Ischemic Encephalopathy

If your infant or young child suffers hypoxic-ischemic encephalopathy following a birth injury, your family may be eligible to take legal action against the doctor or hospital that caused their injury. The Pittsburgh medical malpractice team from Berger and Green can help you understand your rights and navigate the claims process.

We offer free case reviews for the parents of children living with hypoxic-ischemic encephalopathy. Call or text us today at (412) 661-1400 for your consultation with a member of our team.

Hypoxic-Ischemic Encephalopathy and Medical Malpractice in Pennsylvania

Hypoxic-ischemic encephalopathy is a type of brain damage caused by a lack of oxygen and/or blood to the brain, often occurring during the labor and delivery process. Other names for this condition include:

• HIE
• Birth asphyxia
• Perinatal asphyxia
• Neonatal encephalopathy

You may be able to pursue compensation on behalf of your child no matter if they suffer a mild, moderate, or severe case of hypoxic-ischemic encephalopathy. Your child could face several issues related to their birth injury, including:

• Developmental delays
• Motor skill delays
• Epilepsy
• Cognitive concerns
• Emergency life-threatening complications at birth

Hypoxic ischemic encephalopathy often occurs during the intrapartum period. This includes labor and delivery. A doctor or other medical care provider may cause this type of birth injury if they fail to monitor the mom and baby properly and take emergency action when necessary.

The necessary treatment for a child with hypoxic-ischemic encephalopathy varies greatly depending on how they are affected by brain damage. Some babies require emergency medical care at birth, extensive therapies, and ongoing care for the rest of their lives. Others can regain strength and control and live independently. It may be difficult to know how much your child will be affected until they are several years old.

Berger and Green Can Help You Pursue Compensation Based on Your Child’s Hypoxic Ischemic Encephalopathy Diagnosis

Because of the treatment costs, ongoing care costs, and general medical expenses related to caring for a child with hypoxic-ischemic encephalopathy, many families suffer extreme financial stress. If we can show your child’s brain damage occurred because of medical negligence, you can pursue a payout to cover these expenses and put your family on strong financial footing.

To prove medical malpractice under Pennsylvania law, we have to enlist the help of a medical expert witness who will testify on your behalf. This person must:

• Have the same training as your doctor
• Have similar experience as your doctor
• Practice in the same general area as your doctor

This medical expert witness will testify to help us prove:

• The standard of care normally provided under the circumstances of your child’s labor and delivery; and
• How your doctor’s care deviated from the expected standard of care; and
• How your doctor’s action or inaction caused your child’s brain injuries

Our Pittsburgh medical malpractice attorneys work closely with a network of medical experts who will work with us to provide the testimony we need in your case. We can identify the best expert based on the facts of your case, and they will help us prove medical negligence and causation.

With a strong argument to show medical malpractice occurred, we can enter into negotiations or take legal action on your behalf. If we can reach an out-of-court settlement or win a court verdict, you will be able to recover compensation. How much your family can recover depends on:

• Your actual expenses and losses related to your child’s condition and treatment
• Your child’s prognosis
• The strength of our case against the doctor
• Your child’s ongoing and future care needs

Reach out to our team today by dialing (412) 661-1400. We will evaluate your case for free.

Recoverable Damages in a Pittsburgh, PA Medical Malpractice Case

If your newborn suffered a brain injury at birth and has a diagnosis of hypoxic-ischemic encephalopathy or another similar condition, we can help you try to hold the doctor liable for their brain injuries liable for your expenses and losses.

There are no limits on your recoverable economic and noneconomic damages. The only damages limited under Pennsylvania law are punitive damages. These damages are only available if the doctor commits willful or wanton misconduct.

Let our Pittsburgh malpractice team evaluate your case and take legal action on your behalf. We may be able to recover damages for you that include:

Economic Damages

Economic damages include all your past and future expenses related to your child’s diagnosis, treatment, care, and quality of life. We will collect bills and receipts to prove past expenses and estimate future expenses by working with expert witnesses and collecting other evidence. Your economic damages may include:

• Medical bills and related costs
• Ongoing care costs
• Future care costs
• Out-of-pocket expenses

Noneconomic Damages

Noneconomic damages are much more difficult to value than economic losses. These are the emotional losses your child experiences because of their condition and treatment. This includes both current and future losses. Noneconomic damages may include:

• Pain and suffering
• Mental anguish

Take Action While There Is Still Time

The attorneys from Berger and Green recommend reaching out to a member of our team as soon as possible. You may have a limited time to take action. Pennsylvania law generally gives the victims of medical malpractice two years to take legal action and pursue a verdict and award.

When that victim is under the age of 18, though, this deadline may not apply. You could have longer to act on behalf of your child. Call or text us today and we can help you understand your options and how long we have until time runs out.

Talk to a Medical Malpractice Attorney in Pittsburgh About Your Child’s Case

If your child suffered a birth injury and required treatment and/or ongoing care for hypoxic-ischemic encephalopathy, the Pittsburgh medical malpractice attorneys from Berger and Green will review your case and explain your rights for free. Let us pursue the payout your family deserves.

Call or text our office today at (412) 661-1400 for your complimentary consultation.