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Hypoxic Ischemic Encephalopathy (HIE) is a devastating birth injury that is often caused by medical negligence. If your child was deprived of oxygen during labor or delivery, you may have a legal claim.
HIE is a type of brain injury that occurs when a newborn's brain is deprived of oxygen and blood flow — before, during, or immediately after birth. Even a few minutes of oxygen loss can cause permanent, life-altering brain damage.
The word breaks down simply: hypoxic means low oxygen, ischemic means reduced blood flow, and encephalopathy means brain damage. Together, they describe one of the most serious and heartbreaking outcomes a family can face in a delivery room.
HIE can range from mild to severe. In serious cases, it leads to cerebral palsy, intellectual disabilities, seizure disorders, vision and hearing loss, and the need for lifelong specialized care. In the most tragic cases, HIE causes death.
What makes HIE particularly painful for families is this: it is very often preventable. Doctors, nurses, and hospital staff are trained to monitor fetal oxygen levels throughout labor and delivery. When they fail to do so — or fail to act quickly when warning signs appear — a child pays the price for the rest of their life.
HIE is not always accidental. In many cases, it is directly caused by the failure of medical professionals to follow the standard of care during pregnancy, labor, and delivery. Common forms of negligence include:
Electronic fetal monitoring exists to detect early signs of oxygen deprivation. Ignoring or misreading those signs is negligence.
When a baby shows signs of distress, every minute counts. A delayed decision to perform a C-section can mean the difference between a healthy child and permanent brain damage.
A prolapsed, compressed, or knotted cord cuts off oxygen to the baby. Medical staff must detect and respond to cord complications immediately.
Labor that goes on too long without intervention can starve the baby of oxygen. Misuse of labor-inducing drugs like Pitocin can cause dangerous contractions that compress the cord.
When the placenta separates or is improperly positioned, oxygen supply is compromised. Failure to diagnose or respond to these conditions can cause HIE.
Birth-assistive tools that are used incorrectly can cause head trauma and restrict blood flow to the baby's brain.
HIE is not just a medical diagnosis — it is a life sentence for a child who deserved to be born healthy, and for parents who did everything right. The consequences can include:
A movement disorder caused by brain damage that affects muscle control and coordination for life.
Many HIE children develop epilepsy requiring lifelong medication and monitoring.
Cognitive impairments ranging from learning difficulties to severe developmental delays.
Oxygen deprivation can permanently damage the sensory pathways of the brain.
Many HIE children require feeding tubes and specialized nutritional support.
Families face hundreds of thousands — sometimes millions — in medical, therapeutic, and personal care expenses.
The financial burden alone can be crushing. A successful HIE lawsuit can recover compensation for past and future medical bills, therapy, adaptive equipment, in-home care, loss of quality of life, and pain and suffering — for your child and for your family.
Birth injury lawsuits are complex. They require a thorough investigation of medical records, consultation with obstetric and neurological experts, and a deep understanding of Florida medical malpractice law. Here is how we handle your case:
We review the details of your delivery, your child's diagnosis, and the timeline of events — at no cost to you. You will leave the call knowing whether you have a viable claim.
We immediately obtain and analyze your complete delivery records, fetal monitoring strips, nursing notes, and hospital protocols. This is where negligence is found or ruled out.
Florida law requires a medical expert affidavit to file a birth injury case. We work with leading obstetricians, neonatologists, and neurologists who can speak to the standard of care and how it was violated.
We file your case against the responsible hospital, doctor, or medical provider and pursue maximum compensation — through settlement or trial. We do not settle cheap. We fight for what your child's life actually costs.
In Florida, medical malpractice cases — including HIE birth injury claims — generally must be filed within 2 years of when the injury was or should have been discovered, with an absolute outer limit in most cases. However, there are important exceptions for minors and cases involving fraud or concealment. Do not assume you have time to wait. Every day you delay, evidence becomes harder to preserve and witnesses become harder to locate. Call us now for a free assessment of your timeline.
There are many law firms in Florida. Very few have the combination of trial experience, medical knowledge, and personal commitment to take on hospitals and insurance companies in birth injury cases — and win.
South Florida is home to families from around the world. We serve every family, in every language:
Not every case of HIE is the result of negligence — but many are. The key question is whether the medical team followed the accepted standard of care during your pregnancy, labor, and delivery. Warning signs include: a prolonged or difficult labor with no intervention, fetal heart rate abnormalities that were not acted on, a delayed C-section decision, or complications that went undetected. We review your medical records at no charge to give you an honest assessment.
Every case is different. Compensation in HIE cases can include past and future medical expenses, therapy costs, adaptive equipment, in-home care, lost future earning capacity for your child, and damages for pain, suffering, and loss of enjoyment of life. In serious cases, these amounts can reach into the millions. We will give you a realistic picture of what your specific case may be worth after reviewing the facts.
Florida has a statute of limitations for medical malpractice claims, but there are exceptions for minor children and for cases where the family could not have reasonably discovered the negligence earlier. Do not assume your window has closed — call us and we will review your specific timeline at no cost.
The majority of HIE cases resolve through settlement before trial. However, we prepare every case as if it will go to trial — because that preparation is what drives insurance companies and hospitals to offer fair settlements. If they will not pay what your child deserves, we go to court.
Nothing upfront. We take HIE and birth injury cases on a contingency fee basis — meaning we only get paid if we win your case. The initial consultation is always free. You have nothing to lose by calling us today.
Yes. We serve families throughout Florida from our offices in North Bay Village (Miami) and Martin County (Stuart), with satellite offices across the state. We also have affiliate counsel in Georgia, Arizona, and New Jersey for families who were treated at Florida facilities but live elsewhere.
We understand you are exhausted, grieving, and overwhelmed. You do not have to have all the answers before you call us. That is our job. One free, confidential conversation is all it takes to find out if your family has a case.
305-525-8957Offices in North Bay Village (Miami), Martin County (Stuart), and satellite offices throughout Florida, Georgia, Arizona & New Jersey.
Available 24 hours a day, 7 days a week, 365 days a year.
Attorney Juan Cordero explains what HIE is, how it happens during delivery, and how Florida families can pursue justice for their child.
Video coming soon — visit our YouTube channel for the latest legal guides
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