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Perinatal Asphyxia

San Antonio Perinatal Asphyxia Lawyers

Support For Families Facing Oxygen Deprivation At Birth

When a newborn is diagnosed with oxygen deprivation around the time of birth, medical terms like “perinatal asphyxia” or “HIE” can feel frightening and overwhelming. You may be asking what this diagnosis means for your child’s future and whether something went wrong during labor or delivery.

At Maloney Law Group, P.L.L.C., we represent families in San Antonio and nearby communities who are living with the consequences of serious birth injuries. We help parents understand what happened, whether medical negligence may have played a role, and what legal options might be available to support their child’s long term needs.

To speak with our team, contact us today to schedule a consultation with our San Antonio perinatal asphyxia lawyer call (210) 361-2997.

Why Families Trust Our Firm

Our attorneys have obtained multi million dollar verdicts and settlements in serious injury and wrongful death matters. Every case is different and past results cannot predict future outcomes, but these results do show our ability to handle high value litigation in which a family’s financial future and access to care may be on the line.

Attorney Erica Maloney brings a perspective that many parents find especially meaningful. She is a mother of four and is active in organizations such as the Texas Trial Lawyers Association Board of Directors, the San Antonio Trial Lawyers Association, and the William S. Sessions American Inn of Court. Her work reflects both professional commitment and a personal understanding of what it means to care for children.

As a boutique firm based in San Antonio, we intentionally limit the number of cases we accept so that we can provide individual attention. Families work directly with our attorneys, not just support staff. We take time to listen, to explain what is happening in the case, and to craft strategies based on the specific facts and needs of each child.

Understanding Perinatal Asphyxia

Perinatal asphyxia is a term that describes a significant lack of oxygen to a baby’s brain and other organs before, during, or shortly after birth. When this happens, cells can be damaged in a matter of minutes. The effects can range from temporary problems to permanent brain injury, depending on how long and how severe the oxygen deprivation was.

Some children who experience perinatal asphyxia may go on to develop conditions such as cerebral palsy, developmental delays, learning difficulties, seizure disorders, or physical disabilities. Other children may show milder challenges that become more apparent as they grow. In many cases, doctors cannot predict the full impact right away, which leaves parents facing a long period of uncertainty.

Hospitals often respond to suspected oxygen deprivation by admitting the baby to a neonatal intensive care unit, ordering imaging like MRIs, or using treatments such as therapeutic hypothermia. Parents are presented with technical information at a time when they are exhausted and frightened, which can make it difficult to ask questions or process what is being said.

Not every case of perinatal asphyxia is the result of medical negligence. Some occur even when medical professionals respond appropriately to emergencies that could not have been prevented. However, oxygen deprivation can also result from mistakes or delays in care that should have been avoided. Understanding which side of that line your child’s experience falls on requires a careful review of the medical facts.

When Negligence May Be Involved

Parents often sense that something during labor or delivery did not go as planned, but they may not know whether it rises to the level of medical negligence. Perinatal asphyxia can be linked to failures in monitoring, decision making, or communication that occur in the hours or even days before a child is born.

Potential issues can include inadequate monitoring of the baby’s heart rate, ignoring or minimizing signs of fetal distress, or not acting quickly when changes appear on the fetal monitor. Delays in moving to a cesarean section when problems arise, difficulties managing shoulder dystocia, or mismanaging umbilical cord complications can also contribute to a dangerous lack of oxygen.

In some cases, the use of labor inducing or augmenting medications may not be managed carefully, leading to overly strong contractions that limit oxygen flow to the baby. Staff communication problems or understaffing in labor and delivery units can result in important information being missed or acted on too slowly.

Liability for preventable perinatal asphyxia can involve several parties, including obstetricians, nurses, midwives, anesthesiologists, and the hospital where the birth occurred. Determining who may be responsible typically requires obtaining and reviewing detailed medical records, fetal monitoring strips, and documentation of events leading up to the birth.

Some signs that families may want to have their child’s case reviewed include:

  • An emergency cesarean section after a period of concerning fetal heart rate patterns
  • A baby born with low Apgar scores who required resuscitation or ventilation
  • Admission to the NICU for suspected lack of oxygen or an HIE diagnosis
  • Use of therapeutic hypothermia to reduce the risk of brain injury
  • Early diagnosis of cerebral palsy or significant developmental delays related to birth

Our attorneys are experienced in evaluating complex medical timelines and working within Texas medical malpractice rules to assess whether the care provided met accepted standards. When we review a potential case, we look closely at what the providers knew, when they knew it, and how they responded. This careful analysis helps families understand whether their child’s injuries may have been avoidable.

How We Help San Antonio Families

After a diagnosis of perinatal asphyxia, legal questions may not be the first thing on your mind. Many parents contact us weeks or months later, once the immediate crisis has eased and doctors have begun to discuss long term concerns. When you reach out to Maloney Law Group, P.L.L.C., our goal is to make that first step as straightforward and supportive as possible.

When we investigate a potential birth injury case, we work to obtain the relevant medical records, including prenatal care notes, labor and delivery records, fetal monitoring strips, and neonatal records. We may consult with appropriate medical professionals to evaluate whether the care met accepted standards and whether different decisions could have changed the outcome. The precise steps we take can vary based on the facts and complexity of each case.

If we believe that medical negligence may have played a role and we are able to accept the case, we then focus on understanding your child’s current and projected needs. That may include medical care, therapies, assistive technology, home modifications, in home support, and educational services. In litigation, we pursue compensation for these needs, as well as for other damages that may be available under Texas law, such as pain and suffering and, in some circumstances, future lost earning capacity.

Because we are based in San Antonio and have represented local families for decades, we are familiar in general terms with how cases often proceed in Bexar County courts. We are also accustomed to working with medical providers in this area. While every case is unique, this local experience helps us guide families through what can be a confusing and lengthy process.

Throughout the case, we prioritize communication. We strive to return calls, answer questions in plain language, and prepare families for each step, from filing suit to discovery and, when necessary, trial. Our reputation for relentless advocacy is rooted in years spent taking on challenging, high stakes matters and working to bring our clients’ stories clearly before judges and juries.

Steps To Take After Diagnosis

Learning that your baby has been diagnosed with perinatal asphyxia can leave you feeling as if everything is happening at once. Between medical appointments and day to day care, it can be hard to know what else you should be doing to protect your child’s future.

Some practical steps that may help include:

  • Following up with recommended pediatric neurologists or other specialists and keeping copies of their reports
  • Requesting and saving copies of hospital records, imaging, and discharge summaries as you receive them
  • Writing down your recollections of labor and delivery while details are still relatively fresh
  • Tracking your child’s development and any concerns raised by therapists or doctors
  • Contacting a birth injury attorney in San Antonio to discuss your questions about what happened

Texas has specific time limits for filing medical malpractice cases. The exact deadlines can depend on several factors, including when the injury was discovered and the age of the child. Speaking with an attorney as soon as you are able can help you understand how these rules may apply to your family.

Frequently Asked Questions

How do I know if my baby’s asphyxia was preventable?

The only reliable way to assess preventability is through a careful review of medical records and timelines. We look at fetal monitoring, provider notes, and how quickly staff responded to problems. During a free consultation, we can discuss what happened and whether further investigation may be appropriate.

What does it cost to hire your firm for a birth injury case?

We provide free initial consultations to families. If we are able to take your case, we typically work on a contingency fee basis, so you do not pay hourly fees. Our specific fee arrangements are discussed clearly at the outset, so you understand how costs are usually handled.

What should I bring to a perinatal asphyxia consultation?

Bring any records you already have, such as hospital discharge papers, NICU summaries, imaging reports, or notes from specialists. A written timeline of your pregnancy and delivery can also help. If you do not yet have records, we can explain how they are commonly requested.

How long do perinatal asphyxia cases usually take?

The length of a case depends on factors such as complexity, number of defendants, and court schedules. Some matters resolve through negotiation, while others proceed to trial. During our conversations, we can give you a general sense of timing based on our experience with similar cases.

Will pursuing a case affect my child’s medical care?

Filing a legal claim does not typically change your child’s access to medically necessary care. We encourage families to follow medical advice and attend all appointments. If you have concerns about how a case might affect specific provider relationships, we can discuss those issues in detail.

Talk With Our Team About Your Child’s Future

You do not have to sort through medical records, legal questions, and financial worries alone. If your child has been diagnosed with perinatal asphyxia and you live in or around San Antonio, our attorneys are ready to listen, explain your options, and discuss whether a legal claim may help secure resources for your child’s care.

At Maloney Law Group, P.L.L.C., we draw on three generations of trial experience, board certified leadership in personal injury law, and a long history of representing families in this community. We offer free consultations so you can ask questions and decide on next steps without adding to your financial stress.

To speak with our team, contact us today to schedule a consultation with our San Antonio perinatal asphyxia attorney call (210) 361-2997.

What Makes Maloney Law Group, P.L.L.C. Unique?

  • Family History

    We have been a part of the San Antonio Community for decades.

  • Boutique Law Firm

    You will receive personalized and dedicated attention.

  • Experienced & Prepared

    We are equipped to handle the most complex cases.

  • Reputation for Success

    We have earned a reputation for relentless advocacy.

Contact Us Today

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Our Settlements & Verdicts

  • $1,075,000 Birth Injury

    Birth injury involving shoulder dystocia (2019) Contingency Fee: $321,250.00 Reimbursable Expenses: $179,230.00 Net to client: $574,520.00

  • $7,620,000 Birth Injury

    Birth injury involving hypoxic-ischemic encephalopathy (2022) Contingency Fee: $3,048,000.00 Reimbursable Expenses: $161,503.71 Net to Client: $4,410,496.29

  • $5,750,000 Birth Injury

    Birth injury involving hypoxic ischemic encephalopathy (2014) Contingency Fee: $1,786,738.72 Reimbursable Expenses: $170,000.00 Net to Client: $3,396,261.28

  • $525,000 Birth injury

    Negligence during labor and delivery resulting in brain injury and death to infant (2020) Contingency Fee: $175,000.00 Reimbursable Expenses: $3,664.60 Net to Client: $346,335.40

  • $7,390,761 Birth Injury

    Negligence during childbirth causing brain injury (2025). Contingency Fee: $2,956,304 Expenses: $59,650 Net to Client: $4,374,807

Do Not Let an Injury Set You Back (210) 361-2997

Contact us online or give us a call to learn more about our firm or to schedule a consultation with our team.