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San Antonio, TX

HIE Attorney in San Antonio

Trial-Ready Guidance After an HIE Diagnosis

Hypoxic-ischemic encephalopathy, often called HIE, is a brain injury associated with reduced oxygen and blood flow before, during, or shortly after birth. Parents may have urgent questions about when the injury occurred, what fetal monitoring showed, whether delivery decisions affected the outcome, and what care their child may need.

An HIE diagnosis doesn’t establish medical negligence by itself. A legal review must consider the medical records, applicable standard of care, provider decisions, and causal connection between those decisions and the injury. Our HIE lawyers in San Antonio explain these issues clearly so families don’t have to draw medical or legal conclusions on their own.

Contact our San Antonio HIE attorneys at (830) 264-6297 to discuss whether the circumstances warrant further investigation.

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  • By submitting, you agree to receive text messages from Kemmy Law Firm, P.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy
The Kemmy Difference

We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client. 

Hear How We've Made A Difference

What We Examine in a Possible HIE Claim

A legal investigation may reconstruct the timeline before, during, and after delivery. It can examine delayed responses to abnormal fetal heart-rate monitoring, failure to address maternal or fetal distress, delayed delivery, inadequate neonatal resuscitation, unrecognized seizures, or delayed transfer for neonatal treatment.

Depending on the evidence, potential defendants may include physicians, nurses, hospitals, birthing centers, or other health care providers. An unfavorable outcome alone doesn’t establish liability. The evidence must show that the care departed from the applicable standard and that this departure caused or contributed to the child’s injury. We conduct independent investigations instead of relying solely on an opposing party’s account.

Texas Deadlines for HIE Medical Negligence Claims

Texas Civil Practice and Remedies Code Chapter 74 governs many health care liability claims. It generally requires written notice at least 60 days before filing suit. A claimant also generally must serve a medical report within 120 days after each defendant files an original answer, subject to statutory requirements and possible extensions.

Texas law generally applies a two-year limitations period, while a statutory provision addresses claims involving children under age 12 and the child’s 14th birthday. Exceptions and other legal issues can change the analysis, so families shouldn’t assume they have additional time without seeking advice about their circumstances.

Frequently Asked Questions About Wernicke-Korsakoff Syndrome & Filing a Claim

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 830-264-6297 today!

  • How Is Wernicke’s Encephalopathy Different from Wernicke’s Aphasia?

    Wernicke’s Encephalopathy and Wernicke’s Aphasia are often confused due to similar names, but they are entirely different conditions.

    • Wernicke’s Encephalopathy is a medical emergency caused by a thiamine deficiency. It affects coordination, vision, and mental clarity, and can progress to Korsakoff’s Psychosis if untreated. This is the condition at the center of most WKS-related malpractice claims.
    • Wernicke’s Aphasia, on the other hand, is a language disorder that typically results from a stroke or brain injury in the left temporal lobe. It affects comprehension and speech but is not related to vitamin deficiency or nutritional neglect.

    If you’re looking into legal options related to a missed or delayed diagnosis, Wernicke’s Encephalopathy is the condition relevant to malpractice claims, especially if it occurred during hospitalization, surgery recovery, or inpatient care.

  • Are Pregnant Women at Risk of WKS?

    Yes, pregnant women can be at risk of developing Wernicke-Korsakoff Syndrome (WKS), particularly if they experience severe and prolonged vomiting, a condition known as hyperemesis gravidarum. This condition can lead to significant nutritional deficiencies, including a lack of thiamine (vitamin B1), which is essential for brain and nervous system function.

    Pregnancy makes women prone to developing WKS because of:

    • Hyperemesis Gravidarum – Excessive vomiting during pregnancy can deplete the body’s thiamine stores and prevent proper nutrient absorption.
    • Inadequate Nutritional Intake – If a pregnant woman is unable to eat or drink adequately due to nausea, her thiamine levels may drop dangerously low.
    • Delayed Diagnosis: Symptoms of WKS, such as confusion or loss of coordination, may be misattributed to other pregnancy-related conditions, delaying critical treatment.

    Healthcare providers should closely monitor pregnant women with severe vomiting or malnutrition and provide thiamine supplementation as needed. Early intervention is key to preventing the progression of WKS and protecting both the mother and baby.

  • Is There a Specific Group of People at Risk for Wernicke’s?

    Certain individuals face a higher risk of developing Wernicke-Korsakoff Syndrome, particularly those with conditions or circumstances that interfere with thiamine absorption or intake.

    These groups include:

    • Patients undergoing bariatric surgery
    • Individuals with chronic alcoholism
    • People with prolonged malnutrition or eating disorders
    • Patients with gastrointestinal disorders like Crohn’s disease or celiac disease
    • Those undergoing chemotherapy or prolonged intravenous feeding without proper supplementation

    Doctors have an obligation to monitor these high-risk individuals closely and act quickly at the first signs of deficiency.

Trial-Ready Representation Backed by Decades of Service

Kemmy Law Firm, P.C. was established in 1986, with a family tradition in Texas law extending to 1950. We’ve recovered more than $200 million for clients in serious injury and medical negligence matters. That total isn’t an HIE-specific result, and every case depends on its own evidence.

We bring multiple attorneys together when a case requires coordinated attention, and we prepare legal matters thoroughly for trial rather than treating litigation as an afterthought. We also explain complex developments clearly, provide frequent updates, and offer bilingual communication for Spanish-speaking families.

  • $20 MILLION Oil and gas case involving significant economic harm
  • $4 MILLION Oil royalty payments recovered after they were paid out to the wrong party
  • $2.5 MILLION Wyoming oil field worker suffers catastrophic harm after fall from oil rig
  • $2.5 MILLION West Texas oil field worker suffers finger amputations
  • $2.2 MILLION Oil refinery injury ends Louisiana man's career

Serving San Antonio Families Across Texas and New Mexico

Families dealing with the effects of a hypoxic-ischemic encephalopathy (HIE) diagnosis often face a long road filled with medical, financial, and emotional challenges. Our firm represents parents in San Antonio and throughout Texas and New Mexico, including cases involving care provided at hospitals such as University Hospital, Methodist Hospital, Baptist Medical Center, CHRISTUS Santa Rosa Hospital, and other medical facilities across the region.

As a true multi-generational family law firm, we understand that every birth injury case affects an entire family, not just a single patient. We are not a collection of disconnected partners. We are a family that built this firm together, and that collaborative approach shapes how we advocate for the families who trust us with some of the most important cases of their lives.

Our courtroom strategy is strengthened by trial-tested attorneys, including former prosecutors, who are comfortable handling high-stakes litigation. Combined with our founder's firsthand experience in the insurance defense world, we understand how hospitals, healthcare systems, and insurers evaluate and defend claims. That insight helps us build stronger cases and pursue the accountability and financial resources families need for their child's future.

We Know the Stakes Trust Us To Make a Meaningful Difference

All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.

Medical Records That Can Clarify What Happened

HIE may be discussed alongside neonatal encephalopathy, which means disturbed brain function in a newborn, or perinatal asphyxia, a severe lack of oxygen around birth. Relevant evidence may include prenatal and delivery records, fetal heart-rate monitoring, and neonatal records such as blood-gas results, imaging, seizure documentation, and neonatal intensive care notes.

Eligible newborns with moderate-to-severe HIE may receive therapeutic hypothermia, a controlled cooling treatment commonly started within six hours of birth and continued for about 72 hours. Some children experience seizures, feeding problems, abnormal muscle tone, developmental concerns, cerebral palsy, or cognitive impairment, but outcomes vary.

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What to Expect During an HIE Case Review

During the initial conversation, we may discuss what happened, which providers were involved, what diagnosis was given, and which records are available. Helpful materials may include:

  • Discharge paperwork and treatment timelines
  • Imaging reports and blood-gas results
  • Fetal monitoring information
  • Notes about the child’s diagnosis and care

If we accept the case, we remain available by phone or email, return calls promptly, and provide regular updates. We explain the investigation and legal process in direct terms, and clients don’t pay us a fee unless we obtain a recovery.

Families should seek legal advice before accepting an early settlement offer. The offer may not reflect future treatment, assistance, equipment, or educational needs that aren’t yet fully understood.

Frequently Asked Questions About Wernicke-Korsakoff Syndrome & Filing a Claim

Comprehensive Information for Victims of Wernicke-Korsakoff Syndrome Misdiagnoses

Wernicke-Korsakoff Syndrome (WKS) is a serious and potentially life-altering neurological condition caused by a deficiency in thiamine (vitamin B1). It can arise from various medical and lifestyle factors, but the consequences can be catastrophic when healthcare professionals fail to diagnose or treat the condition in time. Our Wernicke-Korsakoff Syndrome lawyers provide detailed, compassionate guidance for individuals and families impacted by WKS due to medical negligence. If you suspect that misdiagnosis or delayed treatment led to worsening WKS symptoms for you or a loved one, Kemmy Law Firm, P.C. is here to help.

  • How Is Wernicke’s Encephalopathy Different from Wernicke’s Aphasia?

    Wernicke’s Encephalopathy and Wernicke’s Aphasia are often confused due to similar names, but they are entirely different conditions.

    • Wernicke’s Encephalopathy is a medical emergency caused by a thiamine deficiency. It affects coordination, vision, and mental clarity, and can progress to Korsakoff’s Psychosis if untreated. This is the condition at the center of most WKS-related malpractice claims.
    • Wernicke’s Aphasia, on the other hand, is a language disorder that typically results from a stroke or brain injury in the left temporal lobe. It affects comprehension and speech but is not related to vitamin deficiency or nutritional neglect.

    If you’re looking into legal options related to a missed or delayed diagnosis, Wernicke’s Encephalopathy is the condition relevant to malpractice claims, especially if it occurred during hospitalization, surgery recovery, or inpatient care.

  • Are Pregnant Women at Risk of WKS?

    Yes, pregnant women can be at risk of developing Wernicke-Korsakoff Syndrome (WKS), particularly if they experience severe and prolonged vomiting, a condition known as hyperemesis gravidarum. This condition can lead to significant nutritional deficiencies, including a lack of thiamine (vitamin B1), which is essential for brain and nervous system function.

    Pregnancy makes women prone to developing WKS because of:

    • Hyperemesis Gravidarum – Excessive vomiting during pregnancy can deplete the body’s thiamine stores and prevent proper nutrient absorption.
    • Inadequate Nutritional Intake – If a pregnant woman is unable to eat or drink adequately due to nausea, her thiamine levels may drop dangerously low.
    • Delayed Diagnosis: Symptoms of WKS, such as confusion or loss of coordination, may be misattributed to other pregnancy-related conditions, delaying critical treatment.

    Healthcare providers should closely monitor pregnant women with severe vomiting or malnutrition and provide thiamine supplementation as needed. Early intervention is key to preventing the progression of WKS and protecting both the mother and baby.

  • Is There a Specific Group of People at Risk for Wernicke’s?

    Certain individuals face a higher risk of developing Wernicke-Korsakoff Syndrome, particularly those with conditions or circumstances that interfere with thiamine absorption or intake.

    These groups include:

    • Patients undergoing bariatric surgery
    • Individuals with chronic alcoholism
    • People with prolonged malnutrition or eating disorders
    • Patients with gastrointestinal disorders like Crohn’s disease or celiac disease
    • Those undergoing chemotherapy or prolonged intravenous feeding without proper supplementation

    Doctors have an obligation to monitor these high-risk individuals closely and act quickly at the first signs of deficiency.

Request a Free Consultation About a Possible HIE Claim

A confidential consultation can clarify whether the available facts support further investigation. We’ll listen to what happened, discuss the known records, and provide a straightforward assessment of possible next steps.

There’s no fee for the consultation, and you won’t owe an attorney fee unless we obtain a recovery.

Contact Kemmy Law Firm, P.C. at (830) 264-6297 to discuss your child’s injury with our HIE attorney in San Antonio

  • "They made a significant recovery for me."

    My husband was injured in a workplace accident in 2022. The first law firm he went to looked at his case and turned it down. he had all but decided to give up when he called the Kemmy's. They took his case and ran with it. In the end, they made a significant recovery for me. I highly recommend the Kemmy Law Firm.

    - Anna O.
  • "I would recommend the Kemmy Law Firm 100 times out of 100."

    We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.

    - Iaz P.
  • "I wholeheartedly endorse Kemmy Law without reservation."
    Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.
    - Jerry G.
  • "Not only were they my lawyers they became like family."
    I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm
    - Jeremiah L.
  • "Showed a deep understanding of my personal situation and demonstrated empathy."

    Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .

    - Jim P.
  • "Nick was very open and transparent."

    Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.

    - Richard G.
  • "They were so patient and explained everything in detail."

    Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.

    - Dora M.
  • "Very easy to talk to, sincerely cared about my situation."
    I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!
    - Holly O.

    Let Our Family Protect Yours

    When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience.

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    • By submitting, you agree to receive text messages from Kemmy Law Firm, P.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy