Because Rasansky publishes HIE and birth injury settlements, including a seven-figure recovery for a child with HIE and cerebral palsy, it leads this list. Before calling, find out who would take your child's claim and who pays the case expenses. Also ask which Texas filing rules apply.
4.759 Google reviewsRated 4.7 out of 5 on Google from 59 reviews
Best for: Families seeking published HIE results
According to Rasansky's own site, a child born with HIE and cerebral palsy received a seven-figure settlement. In another birth injury case linked to a prior hypoxic ischemic event, the site reports a settlement of over $3.6 million. The firm earns its place on this list through those published results and its HIE and birth injury pages.
Stood out in our review for the results it publishes and the recognition it has earned.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.392 Google reviewsRated 4.3 out of 5 on Google from 92 reviews
Best for: Delivery monitoring and HIE claims
On its site, Miller Weisbrod Olesky, Attorneys At Law reports a $13.75 million birth injury settlement. According to the site, an HIE event with neonatal seizures and cerebral palsy followed nurses' and physicians' failure to monitor the mother's blood pressure during delivery. You'll find disclosures about other HIE cases there as well.
Stood out in our review for the results it publishes and how much of its work is medical malpractice.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.525 Google reviewsRated 4.5 out of 5 on Google from 25 reviews
Best for: Families seeking a healthcare-focused practice
According to Brown, Christie & Green Law Firm's practice listing, it focuses on medical malpractice and related injuries, including birth injuries and brain damage. Because its site discusses HIE and cerebral palsy, families have a clear reason to ask about similar claims. Charles Brown appears on its attorney listing.
Stood out in our review for how much of its work is medical malpractice and the recognition it has earned.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Not sure who to call first?
Tell us what happened. A malpractice lawyer who serves Dallas can look at it with you, and it costs nothing.
4.6123 Google reviewsRated 4.6 out of 5 on Google from 123 reviews
Best for: Focused birth injury representation
According to its site, Van Wey & Metzler's attorneys are Kay Van Wey and Luke Metzler, and its practice areas are medical malpractice and birth injury. For families seeking HIE representation, that narrow focus matters, as does the firm's Dallas office. On its site, the firm describes one birth injury case involving perinatal hypoxic encephalopathy and another involving cerebral palsy.
Stood out in our review for how much of its work is medical malpractice and what its clients say.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.71,163 Google reviewsRated 4.7 out of 5 on Google from 1163 reviews
Best for: Families weighing broader injury representation
With 1,163 reviews and a 4.7 rating, Morgan & Morgan has more Google reviews than any other firm on this list. Don't stop there. Alongside reports of strong results, reviewers describe communication delays and raise concerns about fees.
Stood out in our review for what its clients say and how much of its work is medical malpractice.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
When you speak with the lawyer, give the care dates and when treatment or hospitalization ended. Without a general discovery rule, Texas generally requires filing within a 2-year deadline. Your child's age matters, so the lawyer should also check the minors' rule.
Examine the records
Before the firm evaluates your concern, ask which delivery records and later medical records it needs. Describe your child's injuries and explain what you believe went wrong during care. What happened in your child's case can't be established by a published HIE result.
File the claim
Once the firm accepts your case and moves forward, ask which defendants it plans to name in the complaint. Beyond that, Texas sets a 10-year outer limit known as a statute of repose. Which filing rules apply is something to ask a Texas lawyer.
Serve expert reports
After a defendant files an answer, you have 120 days under Texas law to provide an expert report and CV for that defendant. If you miss this requirement, dismissal with prejudice and fees follow. Who will be responsible for tracking each defendant's deadline?
Evaluate a possible resolution
Before agreeing to a proposed settlement, discuss what the fee agreement would take out of the recovery. Although Texas caps non-economic damages in health care liability claims, death cases have a separate inflation-indexed cap on total damages. You can't predict your recovery from a published one.
Malpractice claims in Dallas: the rules that matter
The filing deadline in Texas
The clock startsOn the day of the treatment
Time to start a claim2 yearsMiss it and the claim is usually lost.
At the very most10 yearsafter the treatment, with a few exceptions
Limits on damages in Texas
Pain and sufferingCapped at $250,000
All damages togetherNo overall cap
Expert paperworkServe an expert report and CV for each defendant within 120 days after that defendant's answer is filed; failure leads to dismissal with prejudice and fees.
A written agreementThe share the lawyer takes, set out before work starts.
If you recover moneyThe agreed share and the case costs come out of it.
If the claim failsNo legal fee on a contingency agreement. Ask about costs.
According to every listed firm, payment is on contingency. If the claim fails, there's no attorney fee; if money is recovered, the lawyer takes a share. You'll need to ask separately about case expenses, which can cover court fees along with medical records and medical opinions. In disclosures published by Miller Weisbrod Olesky, Attorneys At Law, clients reimbursed litigation expenses out of their gross settlements. If there's no recovery, would you owe expenses, and who would advance them for your case? Before you sign, ask the firm to walk through its fee share and when expenses come out. A free consultation is expressly offered by four listed firms.
According to all five listed firms, their fees are contingent. A free consultation is also offered by four.
What to bring to your first call
Dates of delivery and treatment, including when the hospital discharged your child
Whatever fetal monitoring records and delivery notes you already have
Your child's diagnosis records for HIE, along with later medical care records
Which hospitals and clinicians were involved, by name
Medical care bills, along with receipts for related expenses
Letters you've received from the hospital or insurer
Records or photos you want the lawyer to look through
A timeline you've written and your main questions
Questions to ask a lawyer
1What cases have you handled involving HIE or similar birth injuries?
2When you take the file, who reads my child's records?
3When does my child's deadline to file expire?
4How do you plan to meet Texas's expert report requirement?
5What goes into calculating your contingency fee?
6If we don't recover anything, could I owe case expenses, and who pays them as the case proceeds?
7When we need answers or updates, how will you respond?
8When I read your site's birth injury results, what can you explain about them?
Choosing a Dallas lawyer for an HIE claim
Start with cases involving injuries like your child's. A large recovery in an unrelated case tells you less. Rasansky and Miller Weisbrod Olesky, Attorneys At Law publish HIE-related settlements, while Van Wey & Metzler describes a perinatal hypoxic encephalopathy case. Ask the lawyer you're speaking with what role they had in comparable work.
Explain how the delivery unfolded. When monitoring or C-section timing concerns you, tell the lawyer what worries you. Before the firm reviews the case, ask which records it needs and what an expert report must address. You can come to the meeting without deciding whether your child's care was legally wrong.
Ask how the relationship would work
If the firm takes the case, who will answer your questions, and who makes the decision to accept it?
When a call goes unanswered, what should you do, and how often should you expect to hear from the team?
Where would meetings happen? According to its listing, Brown, Christie & Green Law Firm's office is in Houston, not Dallas.
Have the firm walk you through a published result. Rather than total settlements, some disclosures from Miller Weisbrod Olesky, Attorneys At Law show attorney fees.
If a consultation is free, you can discuss the claim without paying for that conversation. That alone doesn't mean the firm has accepted your case. According to all listed firms, they work on contingency, meaning the lawyer receives part of a recovery but no attorney fee if the claim fails. Because case expenses are separate, ask who pays them and have the firm put those terms in writing.
Once you file, more deadlines still apply. After each defendant files an answer, Texas gives you 120 days to provide an expert report and CV for that defendant. If you fail, the claim faces dismissal with prejudice (the claim cannot be refiled) and fees. How does the firm plan to meet that requirement?
If a firm promises a recovery or won't explain expenses, be wary. Your child's outcome can't be predicted from a published settlement. Although reviews can help you ask about communication, they can't show whether medical care caused your child's injury. This information isn't legal advice; it's general. To learn how the rules apply to your family, speak with a Texas lawyer.
Questions people ask
Which Dallas firm leads this HIE lawyer list?
Because of its published HIE and birth injury results, practice focus and other documented credentials, Rasansky takes the first spot on this list. According to the firm's site, a child with HIE and cerebral palsy received a seven-figure settlement. Rather than predicting what your family's claim might recover, use that record as a starting point for questions about similar work.
What is the filing deadline for an HIE malpractice claim in Texas?
Under Texas's general rule, you must file within 2 years of the breach or the date treatment or hospitalization ended. Because these claims have no general discovery rule, you shouldn't treat a later diagnosis as restarting the clock. Another limit sets the outer deadline at 10-year. When you bring the relevant dates to a Texas lawyer, ask how these rules affect your claim.
Does my child have more time to file?
If your child is under 12, Texas's rule allows filing until the fourteenth birthday. Regardless of age, the 2-year rule applies to everyone else. Before assuming your child's case can wait until adulthood, ask a lawyer to check the claim. To let the lawyer assess the deadline, bring the dates of the medical care along with your child's birth date.
Can I speak with a lawyer without paying for the first consultation?
Rasansky and Miller Weisbrod Olesky, Attorneys At Law say they offer free consultations. So do Brown, Christie & Green Law Firm and Morgan & Morgan. Van Wey & Metzler's consultation terms aren't specified, so ask before booking. You can discuss your concerns at a free consultation, but it doesn't mean the lawyer has accepted your case.
Will I owe legal fees if the claim fails?
If the claim fails, all listed firms say there's no attorney fee under their contingency terms; if it succeeds, the lawyer receives part of the recovery. Check expenses as well. If the firm advances medical opinion costs and court fees, could you still owe those expenses when the claim brings no recovery? Before signing the agreement, read how it handles those expenses.
What expert report does Texas require?
Once each defendant files an answer, Texas allows 120 days to provide that defendant's expert report and the expert's CV. The expert's professional background appears in the CV. If you don't serve the required report, the claim faces dismissal with prejudice and fees. When you discuss the report with your lawyer, ask how it will cover the medical care involved in your child's claim.
How long will an HIE claim take?
You won't find a case-length estimate in the listed firms' published details. Before proceeding, ask which steps your claim would need and what could slow or otherwise affect it. Although Texas sets filing and expert report deadlines, those cutoffs don't tell you how long reaching a settlement or verdict will take. When the case has no visible movement, how does the firm plan to keep you informed?
What should I do before contacting a Dallas HIE lawyer?
As you write down delivery and later treatment dates, include the names of the clinicians involved. Start with records you already have, paying particular attention to delivery notes and documents that describe the HIE diagnosis. What other records does the firm need? Even if you haven't collected every record, ask about the deadline during your first conversation with the firm.
What changes if my child or another loved one died?
When you first call, tell the lawyer about the death and ask which filing rules apply. In addition to its health care liability rules, Texas places a separate inflation-indexed cap on the total damages available in death cases. Wrongful death matters are handled by several listed firms. To understand what the law means for your family's situation, you'll need to speak with a Texas lawyer.
Does an HIE diagnosis or a hospital rating prove malpractice?
Neither tells you malpractice occurred. Rather than relying on a diagnosis alone, the listed firms' HIE results describe particular concerns, including failed monitoring or a delayed delivery. Although CMS ratings describe hospitals, they don't show what happened when your child received care. When a lawyer reviews the relevant records, ask them to explain what the required expert report would have to address.
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