Birth Asphyxia Attorney in Austin
Perinatal Asphyxia Claims in Austin, Handled by Trial-Ready Attorneys
Perinatal asphyxia occurs when a baby’s brain and body don’t receive enough oxygen or blood flow before, during, or immediately after birth. Depending on how long that deprivation lasts, outcomes can range from mild and temporary to severe and permanent, including brain damage, cerebral palsy, or hypoxic-ischemic encephalopathy (HIE), a condition where oxygen loss injures brain tissue. When those outcomes may be linked to a provider’s failure to recognize or respond to warning signs, families deserve answers.
At Briggle & Polan, PLLC, we review perinatal asphyxia cases to determine whether medical negligence played a role. We handle cases on a contingency fee basis, so there are no upfront costs and you pay nothing unless we recover compensation. Every client works directly with their attorney throughout the case, not a paralegal or assistant.
If your baby was diagnosed with perinatal asphyxia and you suspect something went wrong during delivery, call our birth asphyxia attorneys in Austin at (512) 400-3278 for a free consultation.
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.
When Provider Errors May Have Caused the Injury
Obstetric providers have a duty, known in law as the standard of care, to monitor mother and baby throughout labor and respond promptly to signs of fetal distress. Not every case of perinatal asphyxia reflects negligence, but some do. Negligent acts that can lead to preventable injury include failing to recognize nonreassuring fetal heart tracings, delaying a necessary emergency C-section, or mismanaging prolonged or obstructed labor.
Causation disputes are common in these cases. A hospital or insurer may argue that asphyxia resulted from an unavoidable complication rather than a delayed response. That’s why we prepare every case as though it may go to trial, building the evidentiary record needed to challenge those arguments rather than accepting an early settlement that may undervalue what happened.
Damages in a Texas Perinatal Asphyxia Claim
Texas doesn’t cap economic damages in medical malpractice cases. Families can pursue the full cost of past and future medical care, rehabilitation, therapy, adaptive equipment, and lost future earning capacity without a statutory ceiling on those amounts.
Non-economic damages, such as pain, suffering, and loss of enjoyment of life, are subject to limits under Texas Civil Practice and Remedies Code Section 74.301. Those caps are $250,000 per claimant against a physician or other non-institutional provider, and $250,000 per claimant against a single health care institution, rising to $500,000 if more than one institution is found liable. In cases involving gross negligence, punitive damages may also be available under Chapter 41 of the Texas Civil Practice and Remedies Code, subject to a separate cap. Claims arising from Austin-area deliveries are generally filed in the Travis County civil district courts.
Texas Filing Deadlines for Perinatal Asphyxia Claims
Texas Civil Practice and Remedies Code Section 74.251 sets a general two-year deadline to file a health care liability claim, running from the date of the negligent act or the end of the relevant treatment. For children injured before age 12, Texas law extends that deadline to the child’s 14th birthday. A 10-year statute of repose also applies regardless of when the injury was discovered, cutting off most claims filed more than 10 years after the negligent act. These deadlines interact in ways that depend on the specific facts of each case. Speaking with a birth asphyxia attorney in Austin as soon as possible can help protect your options.
Why Austin Families Choose Briggle & Polan
Parker Polan is a lifelong Austin resident with deep roots in this community. Together with Hayden Briggle, our attorneys have handled nearly 200 jury trials and recovered millions of dollars for clients across a range of serious injury cases. That trial record matters in perinatal asphyxia litigation, where the willingness to take a case to verdict shapes how insurers and defense teams respond at every stage.
What working with our firm looks like:
- Direct attorney access: You work with your attorney, not junior staff, from the first call through resolution
- 24/7 availability: We’re reachable when questions or concerns come up, regardless of the hour
- Multilingual services: We serve clients in multiple languages, including Spanish
- No upfront costs: Contingency fee representation means you pay nothing unless we recover compensation
- Attorney referrals: Many of our cases come through referrals from other attorneys, reflecting the trust our peers place in our work
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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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