Hypoxic-Ischemic Encephalopathy (HIE) Lawyer in San Antonio

Name: Hypoxic-Ischemic Encephalopathy (HIE)
Brand: Scheuerman Law Firm

In Texas, a birth injury claim for hypoxic-ischemic encephalopathy (HIE) requires proof that healthcare providers failed to meet the accepted standard of care during labor or delivery, and that this failure directly caused the newborn’s oxygen-related brain injury. Because HIE is highly technical, these cases rely heavily on expert analysis from specialists such as obstetricians, neonatologists, and pediatric neurologists who can explain how the injury occurred and whether it was preventable. A hypoxic-ischemic encephalopathy lawyer in San Antonio can fight for the compensation your family deserves.

Guiding Parents Through the Most Complex Birth Injury Cases in San Antonio

For more than 30 years, Tyler and Hella Scheuerman have stood with families facing catastrophic birth injuries. Both are Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization—an achievement earned by fewer than 2% of Texas attorneys. Our in-depth understanding of hospital defense tactics enables us to anticipate arguments, preserve critical fetal monitoring strips and delivery records, and construct robust cases for trial. Every client receives personalized attention, bilingual support, and relentless advocacy for their child’s future.

Statistics on Hypoxic-Ischemic Encephalopathy

HIE accounts for 23% of neonatal deaths worldwide (World Health Organization)
In developed countries, the incidence of HIE is often cited at 1 to 3 per 1,000 live births (Trends of neonatal hypoxic-ischemic encephalopathy prevalence and associated risk factors in the United States, 2010 to 2018)
Globally, about 1.2 million neonates develop HIE each year (Quality improvement and outcomes for neonates with hypoxic-ischemic encephalopathy: obstetrics and neonatal perspectives - ScienceDirect)

What Are Common Injuries Associated With HIE?

Cerebral palsy from permanent brain damage
Seizure disorders requiring lifelong management
Developmental and cognitive delays affecting learning and independence
Vision and hearing loss
Motor impairments, including spasticity or limited coordination

What Are the Leading Causes of HIE?

Failure to respond to fetal distress as seen on monitoring strips
Delays in ordering an emergency C-section despite clear warning signs
Improper management of umbilical cord complications, such as prolapse or nuchal cord
Untreated maternal complications, including preeclampsia, infection, or gestational diabetes
Failure to resuscitate a newborn immediately after delivery

Who Can Be Held Liable in a Hypoxic-Ischemic Encephalopathy Malpractice Case?

Obstetricians (OB/GYNs)

Obstetricians lead decision-making in labor and delivery
They are expected to interpret fetal monitoring strips, recognize signs of oxygen deprivation, and order an emergency C-section without delay
When an OB/GYN ignores or misreads signs of distress, the result can be irreversible brain injury

Labor and Delivery Nurses

Nurses are the first line of defense in detecting abnormal fetal heart patterns
Their duty is to monitor vital signs continuously and escalate concerns immediately to the physician
Failure to communicate abnormalities in time can delay interventions that would have prevented HIE

Anesthesiologists

Maternal oxygenation during labor and surgery depends in part on safe anesthesia management
Errors with epidural, spinal, or general anesthesia—such as inadequate airway protection or improper monitoring—can reduce oxygen supply to both mother and baby. Negligence in this area may contribute directly to HIE

Neonatologists and Pediatricians

If a newborn shows signs of distress at delivery, neonatologists and pediatricians must act quickly
This may include resuscitation, intubation, or supplemental oxygen
Even short delays can extend oxygen deprivation and worsen brain injury
A failure to follow resuscitation guidelines may constitute malpractice

Hospitals and Healthcare Systems

Hospitals themselves may be directly liable for systemic issues that contribute to HIE, such as inadequate staffing in labor units, lack of proper equipment in operating rooms, or failure to train staff in emergency protocols
Under the doctrine of respondeat superior, hospitals are also responsible for the negligent acts of their employees

What Damages Can Be Recovered for an HIE Birth Injury?

Past and Future Medical Expenses: Compensation can cover NICU stays, surgeries, medications, and specialist visits, as well as projected future care.
Long-Term Rehabilitation and Therapy: Children with HIE often need years of physical, occupational, and speech therapy to support development.
Assistive Devices and Home Modifications: Wheelchairs, communication aids, and braces may be necessary, along with home and vehicle modifications for accessibility.
Lost Earning Capacity: If HIE prevents a child from working in adulthood, damages can account for the loss of future earnings. Parents’ lost income may also be considered when long-term care is required.
Pain, Suffering, and Diminished Quality of Life: Non-economic damages address physical pain, emotional distress, and loss of enjoyment. Texas caps these at $250,000 per provider and $500,000 total (Tex. Civ. Prac. & Rem. Code § 74.301).
Wrongful Death Damages: If a child does not survive, families may recover funeral costs, loss of companionship, and other wrongful death damages (Tex. Civ. Prac. & Rem. Code Chapter 71).

Why Do I Need to Hire a Lawyer for My HIE Case in San Antonio?

Hospitals and insurers rarely accept responsibility when a child is diagnosed with hypoxic-ischemic encephalopathy. Instead, they often argue that the outcome was genetic, unavoidable, or unrelated to medical decisions. Families facing this pushback need attorneys who know how to cut through complex defenses and uncover the truth.

At Scheuerman Law Firm, we move quickly to secure and preserve the evidence that matters most, such as neonatal charts that can reveal when critical interventions were missed. We work with independent medical experts in obstetrics, neonatology, and pediatric neurology to establish how the standard of care was breached and why the injury could have been prevented.

Beyond proving liability, our team carefully documents the full impact of HIE on a child’s life. This comprehensive approach ensures families have the resources to provide their children with the highest quality of life possible.

Finally, we guide families through Texas’s strict malpractice deadlines, which generally require filing within two years but may allow more time for minors. Acting early not only protects your right to bring a claim but also prevents key evidence from being lost or altered. With Scheuerman Law Firm, parents have advocates who focus on building the strongest possible case while they focus on caring for their child.

Hypoxic-Ischemic Encephalopathy FAQs

How soon after birth can HIE be diagnosed?

HIE may be suspected immediately after delivery if a baby requires resuscitation or has low Apgar scores, but MRI and neurological exams are often needed to confirm the diagnosis.

Can cooling therapy prevent brain damage in HIE?

Yes. Therapeutic hypothermia, started within six hours of birth, can reduce brain injury in moderate cases. Delays in initiating this treatment may be malpractice (NIH).

Is all HIE preventable?

Not always. Some cases arise despite proper care. Malpractice exists only when healthcare providers fail to meet accepted standards of care.

What is the statute of limitations for HIE claims in Texas?

Generally, two years, though extensions may apply for minors. Early legal review is essential.

What if the hospital says my baby’s condition was genetic?

Genetic testing can rule out other causes. Independent experts help demonstrate when oxygen loss—not genetics—caused the injury.

How do lawsuits help beyond compensation?

They hold hospitals accountable and encourage safer labor and delivery practices.

Compassionate Counsel for Families Facing HIE

If your child was diagnosed with hypoxic-ischemic encephalopathy after birth, you deserve answers. Scheuerman Law Firm fights for families across South Texas to hold hospitals accountable and secure the resources children need. Contact us today to schedule your case evaluation and discover how our hypoxic-ischemic encephalopathy attorneys in San Antonio can assist you.