Skip to Content
Top
San Antonio, TX

Birth Asphyxia Attorney in San Antonio

Over $200 Million Recovered for Our Clients

Perinatal asphyxia occurs when a newborn experiences inadequate oxygen or blood flow around the time of birth. It can affect the brain and other organs, but the diagnosis alone doesn’t establish medical malpractice. Evaluating a possible claim requires examining what happened during pregnancy, labor, delivery, and immediate newborn care.

One possible consequence is hypoxic-ischemic encephalopathy, commonly called HIE, a brain injury caused by reduced oxygen and blood flow. We handle serious medical-negligence matters and prepare each accepted case for trial, including claims involving fetal monitoring, delayed emergency delivery, and delivery-related errors.

Call (830) 264-6297 for a free consultation about your child’s diagnosis, available medical records, and legal options.

When Medical Negligence May Contribute to Birth Asphyxia

A legal review considers whether health care providers recognized warning signs and responded according to the accepted standard of care. Relevant circumstances may include:

  • Unrecognized fetal distress or abnormal fetal heart-rate patterns
  • Delayed action when an emergency delivery was indicated
  • Umbilical-cord or placental complications
  • Uterine rupture or prolonged labor
  • Delayed resuscitation or inadequate monitoring after delivery

These events can occur without negligence. Liability depends on the medical records, the timing of each response, and whether a departure from the standard of care caused the newborn’s injury.

Contact Us

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • 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 Families Can Expect From a Birth Asphyxia Case Review

We begin by listening to what your family experienced and identifying the records needed for a meaningful assessment. We may review prenatal care, labor and delivery records, fetal monitoring, resuscitation documentation, newborn imaging, and current and anticipated care needs.

For complex claims, multiple birth asphyxia attorneys work together rather than leaving the case with one person. We explain developments clearly, provide regular updates, and remain available when questions arise.

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-Focused Representation for San Antonio Families

Kemmy Law Firm, P.C. was established in 1986 and has recovered more than $200 million for clients through verdicts and settlements. Past results don’t predict the outcome of a new claim, but they reflect the scale of litigation we’ve handled and the resources we commit to serious injury cases.

We’re a multigenerational firm, with Kemmy family members practicing law in Texas since 1950. Our coordinated attorney team combines thorough trial preparation with direct communication, honest assessments, and guidance in English or Spanish. Families seeking a birth asphyxia lawyer in San Antonio can ask questions freely and expect clear, timely answers.

  • $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

Medical Conditions and Legal Issues Related to Oxygen Deprivation

A child’s medical records may refer to several diagnoses, symptoms, and birth-injury concepts. Depending on the findings, a review may involve:

  • Hypoxic-ischemic encephalopathy
  • Neonatal encephalopathy
  • Cerebral palsy and motor impairment
  • Seizure disorders
  • Developmental delays
  • Fetal distress and possible provider negligence

Who May Be Liable After a Birth Asphyxia Injury

Depending on the evidence, a claim may examine the conduct of physicians, nurses, hospitals, or other health care providers. We assess whether multiple parties played a role, whether warning signs were recognized, and whether the medical response was timely.

Potential damages may include qualifying medical care, therapy, assistive needs, disability-related services, and reduced quality of life. The losses available under Texas personal injury law depend on the evidence, and an online description can’t determine the value or viability of an individual claim.

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 Used to Investigate Perinatal Asphyxia

We conduct an independent investigation rather than relying only on a hospital’s explanation. Relevant evidence may include:

  • Prenatal records and fetal-monitoring strips
  • Medication logs, nursing notes, and delivery documentation
  • Resuscitation and neonatal intensive care records
  • Brain imaging and later developmental assessments

An Apgar score is a quick assessment of a newborn’s condition and response to resuscitation immediately after birth. It can provide useful context, but it’s only one part of the medical evidence. The timing of clinical observations, interventions, and imaging may help clarify when and how an injury occurred.

Accounting for a Child’s Long-Term Care Needs

The effects of oxygen deprivation vary widely. A child may experience seizures, cerebral palsy, cognitive limitations, motor impairment, developmental delays, or other neurological complications. A claim assessment may consider medical treatment, therapy, assistive equipment, educational services, and disability-related care. These needs require an individualized evaluation rather than assumptions based on the diagnosis alone.

How We Evaluate a Birth Asphyxia Claim

During a free consultation, you can tell us about the pregnancy, delivery, newborn care, diagnosis, and current treatment. We’ll provide a straightforward initial assessment and explain which information may be needed next.

If we accept the case, we may obtain and organize records, reconstruct the timeline of care, consult qualified medical professionals, and assess whether the evidence connects a provider’s conduct to the injury. We continue preparing for litigation while keeping you informed about significant developments, negotiations, and trial considerations.

Clients don’t pay an attorney fee unless we recover compensation for them.

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.

Responsive Guidance Through a Difficult Case

Clients describe us as caring, transparent, responsive, and easy to reach. We return calls promptly, welcome questions, and explain emotional or technical subjects in understandable terms. That personal attention is backed by a trial record that includes multiple eight-figure results.

An initial conversation can help identify which records are available, when the oxygen deprivation may have occurred, and whether the circumstances warrant further investigation. We can discuss the medical and legal issues honestly, without promising a particular outcome or pressuring you to proceed.

Call (830) 264-6297 to request a free consultation with our birth asphyxia attorneys 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.

    • Please enter your first name.
    • Please enter your last name.
    • Please enter your phone number.
      This isn't a valid phone number.
    • Please enter your email address.
      This isn't a valid email address.
    • Please make a selection.
    • Please enter a message.
    • 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