Hospitals Say the Brain Injury Happened Later—NICU Records Prove Them Wrong

One of the most common defenses in Hypoxic-Ischemic Encephalopathy cases is this: 👉 “The brain injury didn’t happen during delivery—it happened later.” In this video, I break down how we use NICU records to prove that’s not true. The Neonatal Intensive Care Unit (NICU) records are some of the most powerful evidence in a birth injury case because they show exactly what was happening to your baby immediately after birth. Here’s what we look for: 👉 Level of resuscitation and ventilation If a baby requires immediate and aggressive support right after birth, that strongly suggests the injury already occurred during labor or delivery—not later. 👉 Cooling therapy (hypothermic treatment) This treatment is specifically used for babies with suspected oxygen deprivation at birth. Its presence in the records can be a key indicator of when the injury happened. 👉 Ongoing oxygen levels and response If the baby never stabilizes early on, it supports a diagnosis of a birth-related hypoxic injury. 👉 Head circumference and growth indicators If the baby’s head size is normal at birth, it often rules out long-term issues during pregnancy and instead points to an acute event during delivery. When you line all of this up, the NICU records don’t just show treatment— They show when the damage had already been done. If your child was diagnosed with HIE or suffered brain damage after birth, the timing of that injury is everything—and it can make or break your case. #birthinjury #medicalmalpractice #HIE #NICU #triallawyer #personalinjury #braininjury #negligence #csection #lawyer