Some medical errors linked to hypoxic-ischemic encephalopathy (HIE) are:
- Failing to recognize or respond to abnormal fetal heart rate patterns
- Delaying an emergency C-section
- Overusing Pitocin so contractions come too close together
- Mishandling emergencies such as cord prolapse, placental abruption, or uterine rupture
- Prolonged or improper vacuum and forceps attempts
- Delays in newborn resuscitation or in starting cooling therapy
Each of these errors either extends the time a baby goes without enough oxygen or squanders the opportunity to minimize lasting harm. Below, we explain how each one happens and why it matters in an HIE birth injury claim.
How oxygen deprivation during labor leads to HIE
During each contraction, blood flow through the placenta is temporarily reduced. Healthy babies have sufficient reserves to tolerate this. But when oxygen loss is severe, repeated without recovery, or prolonged, those reserves run out. The baby’s blood becomes acidic, and brain cells begin to die, with more injury developing in the hours after the event.
Because this damage builds over time, labor and delivery staff often have a window to act. Most HIE malpractice cases turn on what happened during that window.
Medical errors during labor and delivery that can cause HIE
Several medical errors can occur during labor and delivery that deprive a newborn of oxygen, ultimately leading to HIE. The most common include:
Missing or misreading fetal distress on the monitor
Electronic fetal monitoring tracks your baby’s heart rate alongside contractions. It’s the main tool doctors and nurses use to spot oxygen deprivation during labor.
Clinicians sort tracings into three categories:
- Category I: Normal, with no specific action needed
- Category II: Indeterminate, requiring closer evaluation and ongoing reassessment
- Category III: Abnormal, linked to acid buildup in the baby’s blood and requiring prompt action
When a tracing shifts from Category I to Category II or III, prompt recognition and response are critical. Unfortunately, monitoring errors are more common than many realize and can have serious consequences. Common errors include:
- Missing worsening patterns, such as recurring late decelerations or lost variability
- Recognizing a problem but not calling the physician
- “Watching and waiting” on a Category III tracing instead of preparing to deliver
- Mistaking the mother’s heart rate for the baby’s
- Not switching to an internal scalp electrode when the external signal is poor
Waiting too long to perform an emergency C-section
When a baby shows serious distress and vaginal birth isn’t close, an emergency C-section may be the only way to stop the oxygen loss. A commonly miscited โbenchmarkโ for the time from decision to incision is 30 minutes, and some emergencies demand far faster action.
Delays can come from a late decision, an unavailable surgeon or anesthesiologist, an occupied operating room, or poor communication. Our C-section injury lawyers regularly see these breakdowns in HIE cases.
Overusing Pitocin during labor
Pitocin (oxytocin) is used to start or strengthen labor. Too much can cause uterine tachysystole, defined as more than five contractions in 10 minutes, averaged over 30 minutes. That leaves your baby too little recovery time between contractions.
Errors include raising the dose despite excessive contractions, not reducing or stopping Pitocin when the heart rate worsens, and not monitoring closely enough during the infusion.
Mishandling obstetric emergencies
Some events can cut off a baby’s oxygen suddenly, such as:
- Umbilical cord prolapse or compression, when the cord slips ahead of the baby or is squeezed
- Placental abruption, when the placenta separates from the uterine wall
- Uterine rupture, especially during labor after a prior C-section
- Shoulder dystocia, when the baby’s shoulder gets stuck after the head is delivered
These emergencies aren’t always preventable, but the response to them is judged against clear standards. Did the team recognize the event quickly, have the right staff available, and deliver fast enough? Families affected by umbilical cord strangulation or shoulder dystocia often have HIE claims for this reason.
Prolonged or improper vacuum and forceps delivery
Assisted delivery with a vacuum or forceps can be appropriate. But repeated or drawn-out attempts can delay the delivery of a baby already in distress, and too much force can cause bleeding in the brain.
A failed attempt that should have been abandoned sooner in favor of a C-section is a recurring issue in HIE cases. Learn more about vacuum birth injuries.
Failing to manage a high-risk pregnancy
Conditions such as preeclampsia, growth restriction, gestational diabetes, overdue pregnancy, reduced fetal movement, and maternal infection raise the risk of oxygen deprivation. They often call for closer monitoring, earlier delivery, or delivery at a hospital with a higher-level NICU.
Missing these risks, or failing to adjust the labor plan for them, can set the stage for HIE. Proper care for high-risk pregnancies starts long before labor begins.
Newborn resuscitation and cooling delays
The care your baby receives in the first minutes and hours after birth can change the outcome. Errors include delayed or improper resuscitation, problems placing a breathing tube, and failing to recognize that a baby qualifies for cooling.
A Cochrane review of 11 randomized trials involving 1,505 infants found that cooling reduces deaths without increasing major disability in survivors. It also found cooling should begin within six hours of birth for eligible babies with moderate-to-severe HIE.
Missing that window through late recognition or a slow transfer to a cooling center can be a separate basis for a claim. Unrecognized seizures and untreated low blood sugar can also worsen the injury. These are among the most serious NICU injuries we see.
When the hospital system itself fails
Many HIE cases involve no single catastrophic mistake. Instead, the system breaks down.
A nurse calls a physician who doesn’t come. Concerns aren’t passed along at shift change. The hospital doesn’t have enough staff to perform an emergency C-section quickly. Hospitals can be held responsible for these institutional failures.
Does one of these errors automatically mean malpractice?
No. A claim requires showing that the care fell below the accepted standard and that the error caused your baby’s injury.
Some HIE results from events too sudden or too early in pregnancy for anyone to prevent. That’s why our experts look closely at how the timing of an HIE injury is determined before we reach any conclusion. When an error did cause harm, the evidence that proves an HIE case usually starts with the fetal monitoring strips.
Holding hospitals accountable for delivery room mistakes
Taking on a major hospital system requires deep medical knowledge and serious resources. When you work with us, you’re supported by a full team of trial lawyers, paralegals, investigators, and medical professionals, led by Attorney Jeffrey Killino.
Jeff is a retired Board Member of the United Cerebral Palsy Association and a member of the Million Dollar Advocates Forum. He and our team fight for injured babies with the same passion as if they were our own.
If you believe warning signs were missed during your labor, our HIE birth injury attorneys will review your delivery records at no cost to you. Get your free, confidential case evaluation. Call 24/7 at 878-788-7718 or contact us online.
No upfront fees; client pays no legal fees unless a recovery is achieved.
The information provided on this site is not formal legal advice. Prior results do not guarantee a similar outcome. Confidential consultation is required.


