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How Hospitals Defend Baby HIE Injuries
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How hospitals defend baby HIE injuries is an issue that eventually comes up as parents learn more and more about the birth injury process. For my talk today I will cover 3 of the big areas in which defenses are usually mounted. Please remember that these are not the only defenses, but some of the most common in our practice.
The below areas of defense are extremely fact specific. Some cases might have all 3 of these issues whereas others will not. Regardless, it is important for families to understand these types of defenses when looking to proceed.
How Hospitals Defend Baby HIE Injuries
The first and most common way in which hospitals will defend HIE baby injuries is to look to make a connection with genetics and developmental issues. For a lot of families when genetic testing is being done their thought process is that this must be the sole factor for why their baby has an HIE brain injury at birth.
Honestly, it is easy to see how families can feel this way because a considerable amount of internet info suggests that the only way HIE brain injuries occur is through genetic issues. Medical malpractice as a potential cause is rarely mentioned.
The second way hospitals can work to defend HIE baby brain injuries is to launch an attack as to the cord pH values. Most babies will have what is called a 3-cord vessel. Within that cord there will be an artery and a vein. Both will have a normal range and if the cord pH is within the normal range the defense will argue that the brain injury did not happen during labor and delivery.
Cord pH values can usually be found in the medical record if one was performed. It is critical to review the method in which the the sample was gathered. As a side, sometimes there may not be an umbilical cord gas sample.
Finally, the last area of defense that we will cover is scans and imaging. This includes head ultrasounds and MRIs. Hospitals pay close attention to the initial 24-hour ultrasound. It is generally their position that if the initial ultrasound is positive, or has an injury noted, the timing of the injury pre-dates labor and delivery. Plaintiff lawyers may not agree with that position, but it is one that the defense will put forward. This is another reason why plaintiffs must be prepared for these types of issues.
To speak with me further about the cause of your baby's HIE brain injury at birth I invite you to contact me at my contact info below. Remember that it does not cost you any money to initially speak with you about your baby's story, as this is what we do.
Marcus B. Boston, Esq.
Boston Law Group, LLC
9701 Apollo Dr. Suite 100
Largo, Maryland 20774
301-850-4832
1-833-4 BABY HELP
#cerebralpalsy #hie #birthinjury
The below areas of defense are extremely fact specific. Some cases might have all 3 of these issues whereas others will not. Regardless, it is important for families to understand these types of defenses when looking to proceed.
How Hospitals Defend Baby HIE Injuries
The first and most common way in which hospitals will defend HIE baby injuries is to look to make a connection with genetics and developmental issues. For a lot of families when genetic testing is being done their thought process is that this must be the sole factor for why their baby has an HIE brain injury at birth.
Honestly, it is easy to see how families can feel this way because a considerable amount of internet info suggests that the only way HIE brain injuries occur is through genetic issues. Medical malpractice as a potential cause is rarely mentioned.
The second way hospitals can work to defend HIE baby brain injuries is to launch an attack as to the cord pH values. Most babies will have what is called a 3-cord vessel. Within that cord there will be an artery and a vein. Both will have a normal range and if the cord pH is within the normal range the defense will argue that the brain injury did not happen during labor and delivery.
Cord pH values can usually be found in the medical record if one was performed. It is critical to review the method in which the the sample was gathered. As a side, sometimes there may not be an umbilical cord gas sample.
Finally, the last area of defense that we will cover is scans and imaging. This includes head ultrasounds and MRIs. Hospitals pay close attention to the initial 24-hour ultrasound. It is generally their position that if the initial ultrasound is positive, or has an injury noted, the timing of the injury pre-dates labor and delivery. Plaintiff lawyers may not agree with that position, but it is one that the defense will put forward. This is another reason why plaintiffs must be prepared for these types of issues.
To speak with me further about the cause of your baby's HIE brain injury at birth I invite you to contact me at my contact info below. Remember that it does not cost you any money to initially speak with you about your baby's story, as this is what we do.
Marcus B. Boston, Esq.
Boston Law Group, LLC
9701 Apollo Dr. Suite 100
Largo, Maryland 20774
301-850-4832
1-833-4 BABY HELP
#cerebralpalsy #hie #birthinjury
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