Austin HIE Attorney

Who May Be Responsible for an HIE Birth Injury

When parents start to suspect that errors played a role in their baby’s HIE, the next question is often who might be responsible. In many cases, more than one person or entity may share fault. Understanding potential responsibility is important because it shapes how a claim is pursued and what evidence must be gathered.

Obstetricians and other physicians caring for the mother during pregnancy and delivery have a duty to monitor for complications and respond appropriately. If an obstetrician does not react quickly to signs of fetal distress, fails to order a timely C-section, or uses delivery tools without appropriate care, that can be significant in an HIE investigation. Labor and delivery nurses also play a central role, since they often monitor the fetal heart rate and report concerns. Failure to communicate changes, chart accurately, or follow hospital protocols can contribute to unsafe conditions.

Hospitals and health systems can be responsible for the actions of their employees and for their own policies. Staffing levels, training, supervision, and emergency procedures are all factors that may be examined in an HIE case. Neonatal providers may also be involved if there are questions about how a baby’s breathing or circulation was supported immediately after birth. At Howry Breen & Herman, LLP, our attorneys are accustomed to handling complex litigation involving multiple defendants, extensive records, and many depositions. We work to sort out each party’s conduct so that accountability is based on a careful review of the facts.

Frequently Asked Questions

How do I know if my child’s HIE was caused by medical negligence?

Most parents have no way to know on their own whether their child’s HIE was the result of a medical mistake. The signs that matter for a legal case are often buried in fetal monitoring strips, nursing notes, and timing records that are difficult to interpret without training. What you may notice instead is a sense that decisions were rushed or delayed, or that you have received inconsistent explanations about what happened.

To evaluate whether negligence played a role, our attorneys obtain and study the full set of medical records from your pregnancy, labor, delivery, and your baby’s early care. We then work with appropriate medical professionals who can compare the care you received to accepted standards in similar situations. Factors such as how quickly the team responded to signs of fetal distress, whether communication among providers appeared timely, and how resuscitation was handled can all be important.

Only after this kind of review can we offer an informed opinion about whether an HIE case appears to be legally viable. During a free consultation, we explain this process and discuss what we may need from you to move forward, so you are not left guessing about your options.

Will we have to go to court if we bring an HIE case?

Many medical malpractice and birth injury cases resolve before trial, but some do go to court. Whether your child’s HIE case ultimately requires a trial can depend on factors such as how strong the liability evidence is, how the defendants and their insurers evaluate the case, and whether fair settlement offers are made. No firm can predict in advance exactly how a particular case will conclude.

Our approach is to prepare every case as if it will be tried. That preparation helps us identify the strongest evidence, understand how experts will present their opinions, and be ready for a courtroom if that becomes necessary. A trial-ready posture can also improve our position during settlement negotiations.

If your case does move toward trial, we guide you through each step. We explain what to expect, help you prepare for any testimony, and work to minimize disruption to your family’s routines as much as the court schedule allows. Throughout the process, our attorneys remain available to answer questions so you are not facing the legal system alone.

How long do we have to file an HIE claim in Texas?

Medical malpractice cases in Texas are subject to strict time limits, known as statutes of limitations. The general deadlines can be affected by several factors, including the age of the injured person and the specific circumstances of the care. Cases involving injuries to children may involve different timing rules than cases involving adults.

Because of these complexities, it is important to talk with an attorney as soon as you suspect that negligence may have contributed to your child’s HIE. Waiting too long can limit your options or even prevent you from filing a claim at all. During an initial consultation, we can discuss how Texas timing rules may apply to your situation based on the dates of treatment and other key events.

Taking that step early also gives us more opportunity to gather records, consult with medical professionals, and preserve evidence while it is still available. Even if you are unsure whether you want to proceed with a case, learning about these time limits helps you avoid losing rights without realizing it.

What information should I bring to our first meeting about an HIE case?

You do not need to have every document in hand before you talk with us, but certain information can be very helpful at an initial meeting. If possible, bring any records you already have from your pregnancy, labor, delivery, and your baby’s hospital stay, such as discharge summaries, operative reports, or NICU paperwork. If you received written explanations or letters from the hospital about what happened, those can also be useful.

It can also help to bring a simple timeline that outlines key dates, such as when you first learned of complications, when your baby was born, and when HIE was diagnosed. Notes you have kept about your child’s development, therapies, and current medical providers are helpful as well. If you do not have these documents yet, we can discuss how records are typically requested from facilities in the Austin area.

During the consultation, we will explain what additional information we may need and how we can work to obtain it. Our team aims to make the process as manageable as possible, especially given everything you are already handling at home.

Talk With an HIE Lawyer About Your Child’s Case

You do not have to carry the weight of an HIE diagnosis alone or try to piece together what happened without help. A conversation with our team can give you a clearer picture of your legal options and what a case might mean for your child’s future care. We take the time to listen, review available records, and explain our thoughts in straightforward language.

At Howry Breen & Herman, LLP, we combine nearly 25 years of trial experience in the Austin area with a record of high-value results in catastrophic injury and medical negligence cases. We work on a contingency fee basis and offer free consultations, so speaking with an HIE lawyer about your child’s case does not require any upfront payment. If we believe we can help, we will discuss next steps, and if we do not, we will explain why, so you are not left wondering.

To talk with our team about your child’s HIE diagnosis, call (512) 430-4844 or contact us online for a free consultation.