Experienced Hypoxic-Ischemic Encephalopathy Lawyer Serving Lake Charles
Last updated on December 29, 2025
Learning that your child suffered a severe birth injury, such as hypoxic-ischemic encephalopathy (HIE), feels earth-shattering. When you need answers, you can speak to Lee M. Schwalben, M.D., J.D., LLC.
As a former physician and current medical malpractice lawyer, attorney Schwalben understands how to investigate medical malpractice and HIE. He knows how to put together a strong case, even in the most intimidating and complex circumstances. When you choose this firm, you gain a fierce advocate. He practices in Lake Charles and serves the surrounding communities.
The Basics Of Hypoxic-Ischemic Encephalopathy
Hypoxic-ischemic encephalopathy, or HIE, is a type of brain damage. It happens when an infant’s brain does not receive enough oxygen or blood flow. The lack of oxygen causes cells to die, leading to serious neurological issues. HIE is also called neonatal encephalopathy. The severity of the damage depends on the duration of the oxygen loss.
When HIE Leads To A Personal Injury Claim
When HIE results from preventable errors, you might have the basis for a medical malpractice claim. A successful HIE lawsuit must show that the medical staff deviated from the standard of care, causing a birth injury. Proving this link is essential in a birth injury case.
Many factors during labor and delivery can cause birth asphyxia. A health care provider must recognize and respond to these factors quickly. For example, conditions such as placental abruption require immediate intervention. The medical team has a responsibility to watch for signs of fetal distress and to act promptly.
Examples Of Malpractice That Can Lead To HIE
Hypoxic-ischemic encephalopathy often results from a lack of proper monitoring or a delayed response to an emergency. Some common examples of medical negligence that can cause HIE include:
- Failing to correctly interpret fetal heart rate monitors
- Delaying a medically necessary C-section
- Mismanaging a condition such as umbilical cord prolapse
- Failing to address placental abruption
- Improperly using forceps or a vacuum extractor
- Failing to resuscitate the baby after birth
A successful claim demonstrates that the provider’s negligence directly caused the birth injury. To do this, a birth injury attorney gathers records and collaborates with other medical professionals and experts.
What Are The Different Stages Of HIE?
HIE is categorized into three stages based on the Sarnat scale:
- Stage I: Mild; symptoms are subtle and may include irritability.
- Stage II: Moderate HIE. The infant may have seizures and low muscle tone.
- Stage III: The most severe level. It involves deep stupor, multiorgan failure and significant risk of death.
The stage determines the child’s long-term prognosis.
What Role Does Cooling Therapy Play In An HIE Case?
Cooling therapy is a treatment for moderate to severe HIE. The goal is to lower the baby’s body temperature shortly after birth, slowing the brain’s metabolic rate. This can prevent further damage from the oxygen deprivation. Babies must start this therapy within a narrow window of time. Failure to recommend or begin cooling therapy promptly can be a form of malpractice.
What Evidence Is Needed For A Viable HIE Case?
A strong HIE case requires substantial medical proof. This may differ from case to case. Examples are:
- Fetal heart monitoring strips
- Medication records
- Documents on the hospital’s protocols
- Diagnostic reports
- Physician notes
- Witness testimony
The evidence must show a direct link between the provider’s negligence and the HIE. As a former practicing doctor, attorney Schwalben knows what to look for and how to review the evidence.
What Is The Birth Injury Statute Of Limitations In Louisiana?
You have a limited time to file a medical malpractice or a wrongful death claim. The deadline in Louisiana is generally one year from the date of the incident or the date you discovered the injury. However, the state has exceptions, especially for minor children. Do not delay seeking legal advice; consult a birth injury attorney immediately.
Why Turn To Attorney Lee M. Schwalben?
You need a birth injury attorney who understands the full picture. Attorney Schwalben’s experience as a former physician gives him a true comprehension of medical concepts. He does not just review medical records; he interprets them. He understands the lifetime commitment and expense of caring for a child with HIE or cerebral palsy. This empowers him to seek compensation for lifetime care costs.
Get Justice And Recovery: Consult A Louisiana Medical Malpractice Attorney
Your family is facing an overwhelming challenge, but you do not have to face it alone. Lee M. Schwalben, M.D., J.D., LLC, can help you seek compensation for medical negligence. Contact attorney Schwalben for a free consultation; he works on a contingency fee basis. Please call 337-557-8377 or send him an email to begin.