When a baby suffers a lack of oxygen at birth—a condition known as Hypoxic-Ischemic Encephalopathy (HIE)—every second matters. One of the most effective treatments for minimizing brain damage is neonatal cooling therapy, a medical intervention that can drastically improve outcomes when used quickly and correctly.
But when warning signs are missed, or hospitals fail to act, the opportunity to prevent lifelong harm can be lost. And in many cases, so is trust.
What Is Neonatal Cooling Therapy?
Also called therapeutic hypothermia, this treatment involves lowering a newborn’s body temperature to about 92.3°F for 72 hours. The goal? To slow down brain injury caused by the lack of oxygen during birth. By reducing the body’s metabolic rate, cooling gives the brain time to heal and can lessen the severity of long-term damage.
But timing is everything—this therapy must begin within six hours of birth to be effective.
When Is Cooling Therapy Used?
Cooling therapy isn’t for every newborn. It’s typically used when there are clear signs of distress during or after delivery, such as:
- Very low Apgar scores
- Acidic blood tests (showing oxygen deprivation)
- Seizures or abnormal neurological exams
- Evidence of moderate to severe HIE
If these signs are present, prompt evaluation and immediate action are essential. Even a few hours’ delay can mean the difference between recovery and permanent injury.
What Happens If Cooling Therapy Is Delayed—or Never Given?
When cooling therapy is indicated but not administered, the consequences can be lifelong. Potential outcomes include:
- Cerebral palsy – affecting movement, balance, and muscle control
- Seizure disorders – often linked to early brain injury
- Cognitive and developmental delays
- Speech and motor skill difficulties
- Hearing and vision problems
Families facing these challenges may need extensive medical care, therapy, special education, and long-term financial support.
Legal Accountability for Missed Opportunities
If a medical team fails to recognize HIE or doesn’t act quickly enough to start cooling therapy, it may be considered a breach of the standard of care—a core element in medical malpractice cases.
Families may have legal grounds if:
- Warning signs weren’t properly monitored or documented
- Doctors didn’t act within the critical six-hour window
- There was a delay in transferring the baby to a facility equipped for cooling
- Parents were not informed of available treatment options
In these cases, legal experts and medical specialists can help determine whether earlier intervention could have made a difference—and whether your child’s injuries were preventable.

Your Rights as a Parent
If your child has been diagnosed with HIE and you believe cooling therapy was not offered when it should have been, you may have options. A qualified birth injury attorney can help review medical records, consult experts, and guide you through your next steps.
At Latona Law, we help families navigate these complex cases with compassion and clarity—because every child deserves the best possible start in life.
Final Thoughts
Neonatal cooling therapy is one of the most powerful tools we have to protect newborns from serious brain injuries. But it only works when used promptly—and when healthcare professionals follow well-established protocols.
If that didn’t happen for your child, we’re here to help you understand what went wrong—and fight for the support your family deserves.