Houston Erb’s Palsy Birth Injury Lawyer

Trusted Legal Representation for Birth Negligence Claims in Houston

Understanding Erb’s Palsy and Brachial Plexus Injuries

Erb’s palsy is a form of brachial plexus injury often caused by excessive traction or stretching of the infant’s neck during delivery. While some cases occur despite appropriate care, many result from a failure to properly manage complications like shoulder dystocia.

Erb’s palsy, also called Erb-Duchenne palsy, involves an upper brachial plexus injury. This affects the network of nerves near the neck (specifically the C5 and C6 nerve roots) that controls movement and sensation in the shoulder, arm, and hand. When these nerves are stretched or torn, the result can range from mild weakness in the arm to a complete loss of sensation and paralysis.

The most common precursor is shoulder dystocia, a delivery complication where the baby’s shoulder becomes lodged behind the mother’s pubic bone. This is a recognized obstetric emergency. When it occurs, the delivering physician must follow specific maneuvers to free the shoulder safely, without applying excessive force to the baby’s head or neck.

We work to determine whether the medical team responded appropriately or whether preventable errors contributed to the nerve damage. As an Erb’s palsy lawyer in Houston, we look for warning signs of negligence, including:

• Excessive pulling or lateral traction on the baby’s head and neck during delivery
• Failure to anticipate shoulder dystocia in a known large baby or high-risk pregnancy
• Improper or aggressive use of forceps or vacuum extraction
• Failure to perform a timely cesarean section (C-section) when risk factors were present
• Inadequate response to signs of fetal distress or prolonged labor
• Mismanagement of a breech delivery

Types of Medical Negligence Leading to Erb’s Palsy

Not every difficult birth is a negligent one. Medical negligence occurs when a healthcare provider fails to follow the accepted professional standard of care. Shoulder dystocia can occur unexpectedly, even in otherwise routine deliveries. The legal question is whether the care team’s response fell below the accepted standard.

Medical negligence in these cases often involves lateral traction, the act of pulling too hard or at the wrong angle on the baby’s head and neck. It can also involve a failure to recognize risk factors earlier in labor, such as a large baby (macrosomia), prolonged labor, or maternal diabetes. Any of these factors may have warranted a planned C-section rather than a vaginal delivery.

In some cases, the error is an omission, such as failing to call for help or failing to attempt recognized maneuvers for shoulder dystocia. We evaluate whether the doctor continued with forceps or vacuum extraction when the clinical picture suggested a different approach.

How Our Firm Proves Liability in Birth Injury Cases

Proving liability requires demonstrating that the obstetrician deviated from the accepted medical standard of care, the level of treatment a reasonably competent physician would have provided under similar circumstances, and that this deviation directly caused the nerve damage. This involves a careful, methodical investigation of everything that happened before, during, and after delivery.

At Hastings Law Firm, we ensure every medical malpractice case is trial-ready from day one. Our Erb’s Palsy attorney team includes former defense attorneys who previously represented hospitals, so we understand the strategies the other side will use. We also have in-house nurse consultants who know how to read clinical records, identify charting gaps, and spot inconsistencies that might otherwise go unnoticed.

Accessing medical information can present challenges, as records may be incomplete or missing critical details. Our investigation is designed to address these gaps. We gather evidence, build a detailed timeline, and retain independent medical experts to explain what the standard of care required and where it was breached.

Here is what we examine when building an Erb’s palsy case:

• Prenatal records, including ultrasound estimates of fetal size to screen for macrosomia, a condition indicating a significantly large baby
• Fetal monitoring strips showing signs of fetal distress or the baby’s heart rate patterns throughout labor
• Labor and delivery notes documenting the timeline and interventions used
• Nursing notes and shift-change records
• Hospital protocols for managing shoulder dystocia and operative vaginal delivery (delivery using forceps or vacuum extraction)
• Depositions of attending physicians, nurses, and support staff

Parents in Texas have a legal right to obtain their child’s medical records. The Texas State Law Library outlines the process for requesting these records, and our team can help you secure them as part of the case evaluation. As a Houston Erb’s Palsy malpractice lawyer, our goal is to reconstruct exactly what happened, minute by minute, and have qualified experts explain whether the care your child received was appropriate.

Recovering Damages for a Lifetime of Care

Compensation in Erb’s palsy cases covers both immediate medical costs and lifetime needs, including surgeries, physical therapy, and lost future earning capacity. Because these injuries often affect a child’s development well into adulthood, the financial planning behind a claim must account for decades of care, often requiring the input of life care planners to accurately project costs.

Research published by the National Library of Medicine on the evaluation and management of neonatal brachial plexus palsy confirms that treatment can range from physical and occupational therapy to complex microsurgical repair. These procedures may include nerve grafts or tendon transfer surgery to restore muscle function. Many children require multiple surgeries, ongoing rehabilitation, and adaptive equipment as they grow, resulting in costs that accumulate over a lifetime.

As a Houston Erb’s Palsy malpractice lawyer, we work with medical and economic experts to project the full scope of your child’s future needs. Here is how economic damages and other losses typically break down:

Economic Damages	Non-Economic Damages
Past and future medical bills	Pain and suffering
Physical and occupational therapy costs	Physical impairment and disfigurement
Surgery and hospitalization expenses	Emotional distress
Assistive devices and home modifications	Loss of enjoyment of life
Special education services	Loss of future earning capacity
In-home care and nursing needs	Impact on childhood development

A lawyer for Erb’s palsy cases will ensure that the settlement or verdict reflects not just what your family has already spent, but what your child will need for the rest of their life.

Texas Statute of Limitations for Birth Injury Claims

In Texas, medical malpractice claims generally must be filed within two years of the date of the negligent act or the completion of treatment. This timeline, known as the statute of limitations, is a strict legal deadline for filing a lawsuit. Specific exceptions exist for minor children, which can extend the deadline for your child’s individual claims.

Under Texas Civil Practice & Remedies Code § 74.251, the two-year statute of limitations applies to the parents’ claims, such as recovery of medical bills and related expenses. For the child’s own claims, the deadline for filing a claim may be paused until the child turns 14. This applies to damages like pain and suffering. The specific calculation depends on the unique facts of your case, and you should consult with an attorney to confirm the exact deadlines.

Even when the statute of limitations allows additional time, waiting can hurt your case. Medical records can be lost, and witnesses may forget critical details. The sooner an investigation begins, the stronger the evidence will be.

Contact the Houston Birth Injury Attorneys at Hastings Law Firm Today for Help

If your child was diagnosed with Erb’s palsy after a difficult delivery, you do not have to figure this out alone. Hastings Law Firm has spent nearly two decades holding negligent medical providers accountable and helping families secure the resources their children need.

Our founder, Tommy Hastings, is a board-certified trial attorney in Personal Injury Trial Law, a distinction held by less than 2% of Texas lawyers. He has dedicated his career to representing families affected by birth injuries. Every member of our team, from our former defense attorneys to our in-house nursing staff, is committed to finding out what happened and protecting your family’s future.

There is no fee unless we recover compensation for you. We advance all litigation costs, and your initial consultation with a Houston Erb’s Palsy malpractice lawyer is completely free. Contact us today to schedule a confidential case evaluation and take the first step toward getting answers.