HIE Attorney in Austin
When a Birth Injury May Be Malpractice, We’re Ready to Fight for Your Family
Hypoxic-ischemic encephalopathy (HIE) is a brain injury caused by reduced oxygen and restricted blood flow to a newborn’s brain during or shortly after birth. The consequences can be permanent, ranging from cerebral palsy and seizures to developmental delays and cognitive impairment. When that injury traces back to failures in the delivery room, families have the right to pursue accountability.
Briggle & Polan, PLLC represents Austin-area families in HIE-related medical malpractice claims. Led by attorneys Hayden Briggle and Parker Polan, we handle birth injury cases for families throughout Central Texas, including Round Rock, Georgetown, Pflugerville, San Marcos, New Braunfels, and Temple. We offer free consultations and take cases on a contingency fee basis, so there’s no upfront cost and you pay nothing unless we recover compensation.
If your child was diagnosed with HIE and you believe a provider’s error played a role, call our Austin HIE attorneys at (512) 400-3278 to discuss what happened.
millions recovered for our clients
Landmark verdicts and settlements that speak for themselves
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Our client was hit head-on by a drunk teenager in front of an elementary school, flipping their vehicles.
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Our client was t-boned by a large package delivery truck that was traveling in excess of 70 mph. He sustained a severe neck injury that required spinal surgery. Our firm recovered $1,800,000 on behalf of our client.
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Our client was thrown off the back of a work truck, which fractured his skull and caused him to suffer a traumatic brain injury. *Net proceeds to the client were $900,052.11.
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Our client was run over by a drunk driver operating a company truck late at night which required multiple surgeries and months of rehabilitation. *Net proceeds to our client were $571,000.00.
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Our client was rear-ended by a large package delivery truck on I-35, which fled the scene. *Net to client was $461,708.19.
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Our client was rear-ended by an insurance adjuster in a commercial vehicle causing severe back and neck injuries. *Net to the client was $346,766.03.
Direct Attorney Help For HIE Cases in Austin
Attorney Hayden Briggle has been named to the Texas Super Lawyers list every year from 2019 through 2025. He is active in the Houston Capital Area Trial Lawyers Association and formerly served on the executive committee of the Texas Trial Lawyers Association. We prepare every case for trial and pursue aggressive advocacy at every stage. That preparation has produced millions of dollars in settlements and verdicts across our personal injury practice. We also offer services in multiple languages to make working with us more accessible for families from diverse backgrounds.
What a Texas HIE Malpractice Claim Requires
To succeed in a Texas birth injury malpractice case, a family must establish four things: the healthcare provider owed a duty of care, the provider breached the standard of care, that breach caused the injury, and the injury produced measurable damages. Each element requires evidence, and in HIE cases, that evidence is largely medical.
Records that commonly connect an HIE diagnosis to a delivery-room event include:
- Electronic fetal monitoring strips showing whether fetal distress was present and whether it was recognized
- Apgar scores recorded at one and five minutes after birth, reflecting the newborn’s immediate condition
- Cord blood gas values indicating oxygen and acid levels in the umbilical cord at delivery
- Brain imaging studies such as MRI showing the location and extent of injury
Texas Deadlines & Damage Limits in HIE Claims
Texas medical malpractice law sets strict filing deadlines. Generally, a claim must be filed within two years of the negligent act or the completion of related treatment under Texas Civil Practice and Remedies Code Section 74.251. A 10-year statute of repose also applies, barring claims brought more than 10 years after the act or omission that gave rise to the injury, regardless of when it was discovered. These are general parameters; the timeline in any specific case depends on its facts, and speaking with an HIE lawyer in Austin early can be important.
Texas law also requires that within 120 days after each defendant files an original answer, the claimant must serve a report from a qualified medical reviewer addressing the standard of care, the alleged breach, and causation. Missing this deadline can result in dismissal.
On damages, Texas caps non-economic damages such as pain and suffering at $250,000 per physician defendant, with an aggregate cap of up to $500,000 against health care institutions. Economic damages, including costs for future medical care, therapy, and special education, aren’t subject to a statutory cap. In a serious HIE case, those economic losses can be substantial and are documented through life-care planning.
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“If you are looking for excellent and honest attorneys, call them. You will not be disappointed.”- Paige
birth injury FAQs
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If you suspect that your child has suffered a birth injury, it is crucial to seek medical attention immediately and obtain a thorough medical evaluation to understand the extent and cause of the injury. Documenting the timeline of events and collecting all medical records related to the pregnancy, labor, and delivery can provide invaluable information. Subsequently, consulting with a birth injury attorney familiar with Austin's legal landscape can help determine if there is a viable case for medical malpractice. This will ensure that your legal rights are protected and that you can make informed decisions about pursuing compensation.
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In a Texas birth injury claim, compensation may cover a range of damages intended to address the injury's immediate and long-term consequences. Families can recover the costs of medical treatment, including hospital stays, surgeries, medications, and ongoing therapies. If the child requires lifelong care or specialized equipment, the claim may include compensation for future medical expenses and long-term care. Economic damages can also address the child's loss of future earning capacity, particularly if the injury results in a permanent disability that limits employment opportunities later in life.
In addition to financial losses, non-economic damages are often awarded for pain and suffering, mental anguish, and the emotional toll the injury takes on both the child and the parents. In severe cases involving reckless or grossly negligent conduct, punitive damages could be available to penalize the responsible party and deter similar conduct.
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The statute of limitations for birth injury lawsuits in Texas generally requires that a lawsuit be filed within two years of the injury or from when it was reasonably discovered. However, Texas law includes a specific provision for minors. If the injury occurred to a child younger than 12, the statute is tolled until the child turns 14, meaning the family typically has until the child's 14th birthday to bring a claim. It's important to note that if the claim is against a government-operated medical facility or hospital, a formal notice of claim may need to be submitted within six months of the incident under the Texas Tort Claims Act.
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