A difficult delivery can leave a newborn short on oxygen. When that lack harms the brain, families face urgent care decisions and long-term planning. The language feels complex in the NICU, and it is hard to know what matters for a claim. This guide keeps the focus on steps, records, and timing.


Photo by Jonathan Borba on Pexels.

1. Start with the basics

    What is hypoxic ischemic encephalopathy? HIE is a brain injury caused by low oxygen and blood flow during delivery. Early clues include poor muscle tone, weak crying, feeding trouble, or seizures. Some babies need cooling therapy in the first hours. 

    Your team may use a stage or grade for HIE. Be sure to ask for the exact terms used in the chart, and write them down with dates and times. Be sure to also note Apgar scores at one, five, and 10 minutes.

    2. Track care and early signs

      Make a simple timeline from labor through day three. Log monitors, alarms, medications, and who explained what. You should also note seizures, cooling therapy, breathing support, and the feeding method. Save NICU rounds notes, daily growth charts, and discharge instructions. 

      Make sure to request copies of prenatal records, fetal heart strips, cord gases, and MRI or EEG reports. Paperwork protects memory in a hard week. Ask the hospital for a records release and set up portal access so downloads are easy.

      3. Understand treatment windows

        Therapeutic hypothermia often begins within six hours of birth for eligible infants. The goal is to reduce injury and improve outcomes. Ask which criteria applied and how your child responded. Imaging and EEG patterns help forecast needs for therapy and follow-up. 

        Early referrals to physical therapy, occupational therapy, and speech support feeding, tone, and development. Document progress with videos and dated worksheets. Be sure to include hearing screens and early vision checks, since sensory issues shift milestones.

        LOCAL NEWS: Here’s where new Phoenix residents are moving from

        INDUSTRY INSIGHTS: Want more news like this? Get our free newsletter here

        4. How lawyers evaluate HIE claims

          Attorneys look for four pillars: duty, breach, causation, and damages. Duty means the care team owed safe, timely care. Breach means a missed step, such as ignoring fetal distress or delaying a needed C-section. Causation links that breach to the HIE, and damages cover medical costs, long term care, and life changes. 

          Bring your timeline, records list, and questions. Many law firms offer free reviews and work on contingency. Lawyers consult neonatology and obstetrics experts to determine whether the care followed accepted guidelines. 

          5. Practical next steps

            Book pediatric follow-ups and therapy evaluations. Keep one folder for labs, imaging, visit notes, and receipts. Start a symptom and milestone log so patterns are clear over months. Make sure to ask for a written care plan that covers feeding, sleep, seizures, and emergency steps.

            If you want a legal review, contact a birth injury firm early since deadlines vary by state. Some states have statutes of repose that end claims sooner than expected. Calm, steady action builds both care and case.

            Endnote

            No one is ready for HIE on delivery day. Simple systems help families think clearly and protect options. Focus on care first, while keeping records tidy and dated. Invite trusted support to appointments so details are not lost. A careful plan today can ease tomorrow’s work and strengthen a potential claim.