In legal cases involving hypoxic-ischemic encephalopathy (HIE), a single question often becomes the central battleground: When did the baby’s brain injury happen? The answer to this question determines everything about responsibility and whether the injury could have been prevented.
The Defense’s Timeline Strategy
The defense works to establish that the brain injury occurred long before labor began. Their goal is to shift the timeline back to the pregnancy, suggesting the injury was an unavoidable tragedy that no one could have stopped. This argument aims to remove scrutiny from the decisions made by medical staff during the critical hours of delivery. When the hospital says the HIE brain injury happened too soon to stop, they are asserting that the event was preordained, absolving them of liability.
Building a Scientific Timeline
To counter this, a detailed investigation is essential. Experts including obstetricians, neonatologists, and neuroradiologists are consulted. They analyze fetal monitor strips for signs of distress, review delivery records like Apgar scores and cord blood gases, and study MRI scans to determine if the brain injury is acute or chronic. This scientific evidence often paints a clear picture of a baby who was developing normally until a crisis during labor. This evidence directly challenges the narrative put forward when the hospital says the HIE brain injury happened too soon to stop.
When The Hospital Says The HIE Brain Injury Happened Too Soon To Stop
This technical debate holds immense power for a family seeking answers. Establishing the injury that occurred during labor shifts the focus to the standard of care provided. It questions whether the medical team correctly interpreted fetal monitoring, responded to signs of distress, and executed a timely delivery. For families, this rigorous investigation is necessary to uncover the truth and determine if a failure to act led to their child’s injury. The question of “when” ultimately reveals the “why” and the “who,” making it the foundation of accountability.
To speak with me further regarding your baby’s HIE brain injury at birth or subsequent cerebral palsy diagnosis, contact me at my information below. Remember it does not cost you any money to initially speak with me about your baby’s injury.
Marcus B. Boston, Esq.
9701 Apollo Dr. Suite 100
Largo, Maryland 20774
301-850-4832
1-833-4 BABY HELP
