Hypoxic Ischemic Encephalopathy (HIE)

Neonatal brain injuries occur when the baby's brain does not get enough oxygen and blood. This condition is called hypoxic ischemic encephalopathy (HIE). Brain cells can begin to die in as little as five minutes without oxygen. When the baby's brain does not get the necessary oxygen, it will begin expending energy in an effort to heal itself. This process produces toxins in the brain that further damage brain cells, causing secondary damage to the baby's brain.

Out of every 1000 live births, one to three babies will have HIE. It is estimated that 10 to 15 percent of these newborns will die. Of those that survive, approximately 25 to 30 percent will have permanent brain damage and develop long-term disabilities. The most common adverse conditions are cerebral palsy, epilepsy and mental retardation, but also may include vision and hearing problems, chronic lung disease and mild to severe learning disabilities.

The Latest Treatment: Induced Hypothermia

There used to be little doctors could do if a baby had HIE. If the baby survived, the doctors would develop a plan of treatment for any disabilities or other manifestations of the brain injury. Now, doctors have discovered that hypothermia is an effective way to stop the progression of brain damage in newborns with HIE.

Shortly after birth, doctors will induce hypothermia in the child. Some of the technologies for doing this include a cooling cap, a cooling chamber, ice packs, cooling blankets and even fans. The goal is to reduce the baby's body temperature to 92.3 degrees and then slowly over a period of 72 hours bring the baby's temperature back up to normal.

By lowering the baby's body temperature, doctors are able to slow down the baby's metabolism, which in turn slows down the progression of the secondary brain damage.

Currently, induced hypothermia is only used on newborns who were born at full term (at least 36 weeks). Doctors must begin the treatment shortly after the birth for it to be effective. Not every baby will benefit completely from the treatment - some will still suffer from brain damage. However, induced hypothermia does offer hope for parents when there was nothing doctors previously could do to lessen the impact of HIE.

Legal Options Following a Newborn's Brain Injury

Sometimes a child is born with a brain injury and no one is to fault. There will be instances when there is nothing a physician could have done to prevent the injury from occurring. However, in other cases, the doctor's failure to take certain actions may have caused or contributed to the baby's injury. For example, if the physician delayed too long in performing a C-section or did not recognize the signs of fetal distress, the baby may suffer brain damage as a result.

In these cases, the parents may want to consider their legal options. Physicians are required to meet the standard of care when providing medical services. When doctors fail to meet this standard and someone is injured as a result, the injured person has the right to bring a medical malpractice claim against the physician. When the injured person is a child, the parents have a right to sue on their child's behalf.

For more information on your legal options, contact an attorney knowledgeable in brain injuries today.