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Hypoxic-Ischemic Encephalopathy (HIE)

Hobbs HIE Lawyer

Supportive Legal Guidance for Families Facing HIE in Hobbs, TX

When HIE occurs because of medical malpractice—such as failure to monitor fetal distress or delayed response to complications—families may have the right to pursue a legal claim. At Kemmy Law Firm, P.C., our Hobbs HIE attorneys represent families whose newborns have suffered preventable birth injuries due to errors made during pregnancy, labor, or delivery. Our goal is to hold negligent medical professionals accountable and secure the resources your child needs for lifelong care.

If you feel uncertain about the future after an HIE diagnosis, contact Kemmy Law Firm, P.C. at (830) 264-6297 for a free, confidential consultation.

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We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client. 

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What is Hypoxic-Ischemic Encephalopathy?

Hypoxic-ischemic encephalopathy (HIE) is a type of brain injury that occurs when an infant’s brain is deprived of adequate oxygen (hypoxia) and blood flow (ischemia) around the time of birth. This condition can cause serious and lifelong complications, including developmental delays, motor impairment, seizures, and cerebral palsy.

HIE often develops during labor and delivery when something prevents sufficient oxygen and nutrients from reaching the baby’s brain. The longer the deprivation lasts, the more severe the damage can be. In some cases, hypoxic-ischemic encephalopathy may result in permanent disability or even death.

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Common Causes of HIE

Hypoxic-ischemic encephalopathy can result from a range of medical errors and complications. While not all cases of HIE are preventable, many are caused by failures in prenatal or perinatal medical care. Common causes include:

Delayed Cesarean Section (C-Section)

When signs of fetal distress appear—such as abnormal heart rate patterns—doctors must act quickly. A delay in performing an emergency C-section can prolong oxygen deprivation, leading to severe brain injury.

Umbilical Cord Complications

Issues such as a prolapsed umbilical cord, cord compression, or a nuchal cord (when the cord wraps around the baby’s neck) can cut off oxygen supply. Medical professionals should monitor for these risks and intervene promptly.

Placental Problems

Placental abruption (when the placenta detaches from the uterus too early) or placental insufficiency can limit the oxygen and nutrient flow to the baby. Proper prenatal monitoring is essential to identify and manage these risks.

Maternal Infections

Untreated maternal infections such as chorioamnionitis can lead to inflammation and oxygen deprivation during delivery. Physicians should screen for and treat infections that may harm the fetus.

Improper Use of Labor-Inducing Drugs

Medications such as Pitocin or Cytotec, when used incorrectly, can cause excessively strong contractions, decreasing oxygen to the baby and increasing the risk of HIE.

Failure to Monitor Fetal Distress

One of the most common causes of HIE is inadequate monitoring of the fetal heart rate. Medical providers must recognize and respond immediately to signs of distress that indicate oxygen deprivation.

Negligent Resuscitation After Birth

If a newborn is not breathing or has a weak heartbeat, immediate resuscitation is required. Failure to provide timely neonatal care can exacerbate or cause hypoxic-ischemic injury.

When these or similar failures occur, the responsible healthcare professionals may be held liable for the resulting injuries. The attorneys at Kemmy Law Firm, P.C. have extensive experience investigating birth injury cases and proving when HIE was preventable through proper medical care.

Long-Term Impact of HIE

The severity of hypoxic-ischemic encephalopathy varies depending on how long the infant’s brain was deprived of oxygen. Mild cases may resolve with minimal lasting effects, but moderate to severe HIE can lead to lifelong disabilities.

Some potential long-term outcomes include:

  • Cerebral palsy
  • Epilepsy or recurring seizures
  • Developmental delays and cognitive impairment
  • Speech and language difficulties
  • Motor skill and coordination issues
  • Vision or hearing problems
  • Behavioral and emotional challenges
  • Feeding or swallowing difficulties

Children with moderate to severe HIE often require ongoing therapies, specialized education, assistive technology, and medical care. These costs can add up to millions of dollars over a child’s lifetime.

A successful medical malpractice claim can help secure compensation to cover current and future needs, such as:

  • Medical expenses and rehabilitation
  • Long-term care and therapy costs
  • Special education and adaptive equipment
  • Pain, suffering, and emotional distress
  • Loss of earning potential and quality of life

At Kemmy Law Firm, P.C., our Hobbs HIE attorneys work with medical experts, economists, and life care planners to accurately calculate the full cost of your child’s injury and fight for maximum compensation on your behalf.

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Hypoxic-Ischemic Encephalopathy FAQs

What are the symptoms of HIE in newborns?

Symptoms can include low Apgar scores, difficulty breathing, weak muscle tone, seizures, poor feeding, and altered consciousness shortly after birth. Prompt diagnosis is critical for effective treatment.

How is HIE diagnosed?

Doctors typically use a combination of brain imaging (MRI or CT scans), blood tests, neurological exams, and observation of symptoms to confirm HIE.

Can HIE be treated or reversed?

While brain damage from HIE cannot be reversed, early intervention—such as therapeutic hypothermia (cooling therapy)—can minimize damage and improve long-term outcomes if administered shortly after birth.

How long do I have to file a birth injury claim in New Mexico?

In New Mexico, the statute of limitations for medical malpractice claims is typically three years, but exceptions may apply in cases involving minors. It’s crucial to speak with an attorney as soon as possible to preserve your rights.

What compensation can I recover in an HIE lawsuit?

You may be entitled to compensation for medical costs, ongoing therapy, lost earning potential, pain and suffering, and other damages. Every case is unique, so a thorough evaluation is necessary to determine potential recovery.

How Kemmy Law Firm, P.C. Can Help

Proving that HIE resulted from medical negligence requires extensive investigation and expert testimony. Our experienced legal team will:

  • Review all medical records, fetal monitoring strips, and delivery notes
  • Consult with leading medical experts to identify lapses in care
  • Determine whether hospital staff or attending physicians violated the standard of care
  • Build a strong case to establish causation between medical negligence and your child’s injury
  • Pursue compensation through settlement negotiations or trial

We understand how emotionally and financially overwhelming these cases can be. That’s why we handle HIE cases on a contingency fee basis—you pay nothing unless we recover compensation for your family.

Contact a Hobbs HIE Lawyer Today

If your child has been diagnosed with hypoxic-ischemic encephalopathy and you suspect medical negligence played a role, Kemmy Law Firm, P.C. can help. Our dedicated Hobbs HIE attorneys will fight tirelessly to hold negligent medical providers accountable and secure the financial support your family deserves.

Call (830) 264-6297 today for a free, confidential consultation to learn how we can help you pursue justice and protect your child’s future.

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    Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.
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    Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.

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