Hypoxia (Hypoxic Ischemic Encephalopathy – HIE) refers to a condition in which a baby experiences deprivation of oxygen during the process of childbirth. Hypoxia occurs when there is a decrease in the oxygen supply to the baby’s brain or other vital organs. Hypoxia can occur due do improper monitoring, delay in responding to signs of fetal distress, failure to recognize decreases in the baby’s heart rate and blood pressure, inability to do a timely emergency C-section, or other complications during delivery. Usually, the extent of the hypoxic injury and its long-term effects can vary depending on the duration and severity of oxygen deprivation. Hypoxia causes periventricular leukomalacia (PVL) a condition where the white matter of the brain is damaged due to lack of oxygen. Unfortunately, dead brain cells cannot be revived.
- MYTH:
Hypoxia is caused by a genetic disorder.
REALITY:
Hypoxia often occurs following complications/medical errors during the birth process. Hypoxia can cause severe brain damage, vision loss, hearing loss, medical problems that require lifetime 24-hour care. - MYTH:
In Pennsylvania, a parent must bring a claim/lawsuit within 2 years of the date of the birth.
REALITY:
In Pennsylvania, the family has 20 years to file a lawsuit, or until the child reaches age 20. - MYTH:
Hypoxia does not cause Cerebral Palsy.
REALITY:
False. Hypoxia is the known to cause Cerebral Palsy, intellectual disabilities, developmental delays in areas such as speech, language, motor skills, and cognitive milestones. - MYTH:
Doctors and hospitals will admit there was a error during the baby’s delivery that caused the child’s brain damage.
REALITY:
False. Doctors are reluctant to admit when they make a mistake. The only way to determine if the child received proper care is to obtain and evaluate the medical records and fetal monitoring strips. - MYTH:
Families with children diagnosed with Hypoxia, Cerebral Palsy, brain damage, seizures, vision impairments and nursing needs, believe that they can meet their child’s needs using their own resources, Medicaid, and other governmental benefits.
REALITY:
With a diagnosis of Hypoxia, the child’s needs increase as the child gets older. At the same time, Medicaid and governmental benefits are being reduced. When a child reaches age 21, governmental benefits are minimal. - MYTH:
Delay in delivering a baby does not cause Hypoxia.
REALITY:
False. Failure to do a prompt emergency c-section is a leading cause of lack of oxygen and Hypoxia. - MYTH:
A child is 10 years of age and diagnosed with Hypoxia at birth, will not be able to pursue a claim because the hospital destroyed the medical records after two years.
REALITY:
In Pennsylvania, hospitals must keep birth records, CAT scans, MRI’s, and fetal monitoring strips for 20 years. - MYTH:
Parents say “I realize there were mistakes with my child’s care, but I did not want to make the hospital or doctor’s personally pay for the errors.
REALITY:
If you are in an automobile accident, and it was not your fault, you would expect the other driver’s insurance to pay for the damages. Doctors and hospitals are covered by insurance, which will pay for the child’s damages. Doctors do not have to personally pay out of pocket. - MYTH:
If a parent files a claim/lawsuit, the doctor and hospital will not treat the mother or child.
REALITY:
False. Many families are hesitant to file a medical malpractice claim out of fear that they will be “blacklisted” by healthcare providers as retaliation for filing a lawsuit. However, this is simply not the case. Medical professionals have a legal and ethical obligation to provide care for their patients, regardless of whether they have filed a malpractice claim. Additionally, healthcare providers are prohibited by law from retaliating against patients who exercise their legal rights on behalf of themselves or their child. - MYTH:
Medical malpractice attorneys are too expensive.
REALITY:
False. Most personal injury attorneys work on a contingent fee basis, meaning that a fee is only recovered from clients if the case is successful. If the lawsuit is unsuccessful, parents are not charged for the legal services they were provided, or the cost of obtaining medical records/experts.