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Hypoxic-ischemic encephalopathy is a serious brain injury that can result from oxygen deprivation before, during, or after birth. When a newborn is harmed due to medical malpractice, working with a Naples hypoxic-ischemic encephalopathy (HIE) lawyer from Spangenberg Shibley & Liber can be an important first step in the pursuit of justice.
Learning that a newborn suffered a preventable injury can be a traumatic and devastating experience for parents. With legal support from Spangenberg Shibley & Liber, you can pursue compensation for the harm your family endured. A fair settlement or court verdict can also provide you with the resources you need to provide your child with high-quality, long-term care. Our law firm focuses on high-stakes claims that can lead to large settlements and verdicts.
When you partner with our law firm, you gain support from a law firm that has built a strong reputation for delivering exceptional legal services and proven results. Since our firm’s founding several decades ago, our legal team has helped clients reclaim more than $1 billion.* However, past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
Whether you live in Old Naples or Pelican Bay, locals across Naples count on our legal team to build compelling cases on their behalf. Trust our dedicated litigators to provide your family with the high-quality support your case deserves.
HIE affects anywhere from one to five per 1,000 live births in the United States and is a leading cause of death and disability for newborns. Birth-related oxygen deprivation continues to be a leading cause of serious newborn illness and death worldwide, affecting an estimated one to two million infants each year. Even with continual advances in neonatal medicine, these types of injuries continue to be a major concern.
Hypoxic-ischemic encephalopathy develops when an infant’s brain is deprived of adequate oxygen and blood flow during the birthing process. The condition could result from umbilical cord compression, placental abruption, prolonged labor, or fetal distress that is not recognized in time. The severity of HIE varies, with some newborns recovering while others experience long-lasting or permanent neurological harm.
Complications could lead to cerebral palsy, developmental delays, epilepsy, cognitive impairments, hearing loss, vision problems, and difficulties with speech or motor function.
When HIE results from a healthcare provider’s failure to appropriately monitor the pregnancy or respond to signs of fetal distress, families may have grounds to pursue recompense for their losses.
With facilities like The BirthPlace at NCH at North Naples Hospital and Family Birth Center at Naples providing comprehensive maternity care, locals count on regional facilities to provide quality healthcare. When facilities fail and provide subpar healthcare, you deserve accountability. The first step to hold healthcare providers responsible typically involves gathering evidence and establishing fault.
These cases specifically require families to show that a healthcare provider failed to meet the appropriate standard of care, which led to their injury. An investigation by an injury lawyer could focus on the decisions made by a doctor and support staff before, during, and after labor and delivery.
Documentation is crucial. Medical records, heart monitoring records, X-rays and digital images, and neonatal treatment documentation can all play a critical role in establishing what happened and who may be at fault. Other forms of evidence could include hospital policies and reports of similar incidents by that doctor or hospital.
When an investigation shows that the injured newborn did not receive an acceptable standard of care, the doctor or hospital may be held liable. Not every injury at birth can provide grounds for a medical malpractice claim, which is why support from an experienced injury lawyer can play a crucial role in securing an outcome that fairly compensates your family for the harm you suffered.
In 2024, the top medical malpractice verdicts averaged $56 million, and parents of injured newborns can pursue medical malpractice claims once they have gathered sufficient evidence to support those efforts. A fair settlement or favorable court verdict can address the harm your newborn suffered and the long-term costs of treatments and care, along with other damages.
Families may also recover compensation for physical pain and emotional suffering, diminished quality of life, and other non-economic losses. Because many children with HIE require ongoing treatment and support well into adulthood, pursuing full compensation can provide crucial resources that can support the health and development of the injured child and improve their overall quality of life.
In the aftermath of a preventable injury to a newborn, parents can be left seeking answers and accountability. When you hire a hypoxic-ischemic encephalopathy lawyer licensed in Florida, you gain steady support from a legal team that understands how to establish fault in a medical malpractice claim.
They would need to document HIE symptoms and show that the doctor or delivery team failed to provide your child with an acceptable standard of care. This may require an examination of the steps they took and a consideration of how other doctors or medical teams would have reacted in a similar situation. A hypoxic-ischemic encephalopathy attorney can gather the necessary documentation before pursuing compensation.
Also, the healthcare providers must show their actions matched acceptable medical practices during labor and delivery. If they cannot prove they were reasonable in their actions, sometimes direct talks lead to a fair settlement offer. If not, a medical malpractice lawyer can take decisive action by filing a civil court claim seeking full compensation for the economic and non-economic losses your family and child suffered.
While most claims resolve through settlement offers, a case could potentially end up at trial where a judge or jury decides which party is liable and what damages are appropriate.
A: Yes. You can pursue compensation for an HIE birth injury, but you will need to gather evidence to establish fault. Medical treatments and birth carry inherent risks, and doctors who provide a “professional standard of care” may not be liable for birth injuries. That being said, cases that involve negligence or situations where doctors failed to provide an acceptable standard of care may allow parents to pursue legal options that could lead to compensation.
A: Since personal injury claims and medical malpractice cases vary significantly based on the specific facts of each claim, there is no readily available settlement figure. An injury lawyer can review the case and give you an idea of what a fair settlement may look like. Because HIE claims often involve serious injuries to newborns, the outcome of a case could lead to a large settlement or court verdict.
A: HIE can lead to permanent disabilities for newborns. Some infants with mild HIE recover with little or no lasting impairment, while others experience permanent neurological injuries. HIE may lead to cerebral palsy, epilepsy, developmental delays, cognitive impairments, hearing or vision loss, and other lifelong conditions that require ongoing medical treatment and supportive care.
A: Yes. While not all HIE cases provide legal grounds for pursuing compensation, many can. Before parents can take legal action, they would need to work with an experienced attorney to gather evidence and build a strong claim that could result in fair compensation. The burden of proof for these cases falls on the party seeking compensation, making strong legal support from the beginning crucial for a successful outcome.
A: The facts of the case and the injury’s severity determine the wide range of compensation that may be available to parents for an HIE birth injury claim in Florida. A settlement or court verdict could reflect:
The available compensation depends on the severity of the injury.
A diagnosis of hypoxic-ischemic encephalopathy can change the course of a child’s life and leave families facing years of medical treatment, therapy, and uncertainty. If you believe your child’s injuries resulted from preventable mistakes during pregnancy, labor, delivery, or neonatal care, Spangenberg Shibley & Liber is prepared to investigate what happened and discuss your available legal options.
Since 1946, our firm has represented families in complex medical negligence cases and recovered more than $1 billion* through settlements and courtroom advocacy. However, past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.
Contact our legal team today to discuss your case and learn how we can pursue the financial resources your child may need for lifelong care and support. Contact our office today and take the first step toward holding at-fault parties accountable.
*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits. Awards and recognition are not guarantees of future results.
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