So the question posed is HIE caused by malpractice? To get to the answer of this extremely important question you have to understand some of the areas of investigation. For some parents, having this answer allows them to make the best decision moving forward.

In this HIE article, I am going to talk about some of the areas a birth injury attorney like myself will analyze when working to find answers for a family.


Before delving into the question above it is helpful to understand what is HIE, or hypoxic ischemic encephalopathy. In the context of this article, HIE is a reduced level of blood and oxygen which can lead to a brain injury. HIE can be caused by a host of things, from umbilical cord compression issues, to placenta related issues, to developmental issues, etc…

The severity of the HIE injury can play a role in how the diagnosis might impact a child long term. The more severe the injury the more challenges the baby might have moving into the future. Because of the nature of an injury to the brain, in some cases a child may also go on to have a cerebral palsy diagnosis too.


The question, HIE caused by malpractice requires an in-depth analysis into not only the facts surrounding pregnancy, but also what happened during labor and delivery. For this article I am going to focus on what happened during labor and delivery.

When a child is born in a hospital more than likely there will be a device attached to mom which will help doctors and nurses assess how well the baby is doing during labor and delivery.

The device, the electronic fetal heart monitor, not only informs the medical staff of the baby’s heart rate, but it can monitor if decelerations are present, if tachycardia and bradycardia are present, among other things. If the monitor is revealing that the baby is in a condition called fetal distress, we must look at the actions of the doctors and nurses during this time. Fetal distress, left untreated, or treated too late, can lead to serious injury for a baby in some instances.

Birth trauma attorneys will look at this information and confer with medical experts as to the possible cause of the brain injury and HIE diagnosis. If developmental and genetic issues are not present, and there is evidence of mismanagement of fetal distress, birth trauma and medical malpractice will have to be investigated as a possible cause of the HIE injury.

To talk with me further about questions you may have on this topic, my contact information is below. I speak with families like yours all the time about these issues and I would be happy to listen to your story.


Marcus B. Boston, Esq.

Boston Law Group, LLC

2 Wisconsin Circle, Suite 700

Chevy Chase, Maryland 20815


1-833-4 BABY HELP

Marcus Boston is a Maryland medical malpractice attorney who helps people navigate the Maryland childbirth injury and medical malpractice process to get money for their injuries caused by the carelessness of doctors and hospitals. BLG handles cases in Prince George’s County, Baltimore City, Montgomery County, Howard County, Anne Arundel County, and all other Maryland Counties. blgesq Maryland birth injury attorneys