Many birth injuries can have devastating and lifelong effects on babies. In order to begin treating them properly, they must first be diagnosed correctly. Unfortunately, misdiagnosis of birth injuries is common, resulting in potentially unnecessary and ineffective treatments and a worsening of the actual birth injury.
Hypoxic-ischemic encephalopathy (HIE) is an often-devastating birth injury caused by a lack of oxygen to the brain during labor. Babies who suffer from HIE experience can suffer brain damage, resulting in many different complications and symptoms. However, these symptoms can be confused with symptoms of other birth injuries or congenital conditions, causing a misdiagnosis.
In this blog, we’ll explore why HIE may be misdiagnosed and parents’ legal options if their baby is misdiagnosed by a doctor, midwife, or other healthcare professional.
What Is HIE?
Because HIE is caused by a lack of oxygen and blood flow to the brain, it can lead to brain damage, long-term disabilities, or even death if not promptly diagnosed and treated. Common symptoms include difficulty breathing, seizures, low Apgar scores, and abnormal muscle tone.
Early diagnosis of HIE is extremely important for an affected baby’s long-term prognosis. When medical teams recognize the signs of HIE quickly, they may be able to limit brain damage with treatments like therapeutic hypothermia (brain cooling). However, delays or misdiagnoses can cost a child their best chance at recovery.
Why Is HIE Sometimes Misdiagnosed?
Despite its severity, HIE is sometimes misdiagnosed or diagnosed too late, often because its early symptoms can resemble those of less critical conditions. For example, newborns with HIE may present signs similar to those of infections, metabolic disorders, or other types of brain injury. If medical professionals don’t conduct appropriate testing, such as brain imaging, cord blood analysis, or EEGs, they may miss the diagnosis altogether.
Unfortunately, missing the signs needed for diagnosis, or mistaking them for signs of other conditions, is common. According to a study published in Pediatric Neurology, among 503 infants who developed perinatal HIE, 143, or 28%, didn’t receive a clinical diagnosis of HIE.
Medical staff may also fail to identify risk factors, such as prolonged labor, uterine rupture, or placental abruption, that increase the likelihood of HIE. Failure to monitor fetal distress or intervene when necessary can lead to missed or incorrect diagnoses.
What Are the Complications of Misdiagnosed HIE?
When HIE is misdiagnosed or diagnosed too late, the consequences can be devastating. Without timely intervention, a baby may suffer from permanent brain damage leading to:
- Cerebral palsy
- Developmental delays
- Epilepsy or other seizure disorders
- Feeding difficulties
- Hearing or vision loss
- Cognitive impairments
In severe cases, misdiagnosis can even result in death. These outcomes often require lifelong medical care, therapy, and educational support, placing a heavy emotional and financial burden on families.
What Legal Options Do Parents Have After HIE Misdiagnosis?
If your child was harmed due to a misdiagnosis or delayed diagnosis of HIE, you may be entitled to pursue a medical malpractice claim. In Illinois, these claims must show that a healthcare provider failed to meet the accepted standard of care, and that this failure directly caused your child’s injury.
Legal action can help families:
- Recover compensation for medical expenses, ongoing care, and special education needs
- Receive damages for pain and suffering, loss of quality of life, and emotional distress
- Hold negligent healthcare providers accountable, potentially preventing other families the pain of experiencing birth injuries and misdiagnosis due to negligence
Because these cases are complex and time-sensitive, it’s important to contact a birth injury attorney as soon as possible. An experienced lawyer can investigate medical records, consult with experts, and guide you through the legal process to protect your family’s future.
Contact Our Chicago Birth Injury Lawyers Today
It’s already devastating when your baby suffers from a birth injury. It’s even more difficult when you find out their birth injury wasn’t diagnosed when it should have been or was confused with another condition. These types of mistakes can result in your child’s birth injury worsening unnecessarily, resulting in more severe impairments and complications.
At Beam Legal Team, we hold healthcare providers and facilities accountable both when birth injuries occur due to negligence and when they are improperly or misdiagnosed. Our team has the experience, resources, and track record of success to get results in even the most difficult and complex birth injury cases, and we work tirelessly to help our clients move forward with their lives.
If your child’s HIE or other birth injury was misdiagnosed, know that you have legal options and a strong, compassionate law firm on your side. Contact Beam Legal Team today for a free consultation to learn how we can help.