Houston Erb’s Palsy Birth Injury Lawyer
Written by: Hastings Law Firm | Reviewed by: Tommy Hastings | Updated: May 6, 2026
Erb’s palsy after a difficult delivery can leave families facing uncertainty about what happened and what the future may hold. The injury involves damage to the brachial plexus nerves and can affect movement and sensation in the shoulder, arm, and hand, sometimes leading to lasting weakness or paralysis. The discussion often centers on whether shoulder dystocia was managed safely and whether excessive traction or other delivery decisions contributed to preventable harm. If your child suffered harm or worse due to Erb’s palsy birth injury negligence in Houston, Texas, contact Hastings Law Firm for a free, confidential case review.
Trusted Legal Representation for Birth Negligence Claims in Houston
What You Should Know About Neonatal Shoulder Nerve Injury Claims in Houston:
- Long term function can be affected when brachial plexus nerves are stretched or torn during delivery, leading to outcomes that range from weakness to paralysis.
- Liability can turn on whether shoulder dystocia was managed without excessive force, since it is a recognized obstetric emergency.
- Preventability disputes often focus on delivery decisions such as traction on the head and neck or the use of forceps or vacuum extraction.
- Options for recovery can be limited if filing deadlines are missed in Texas, and different timelines can apply to parents claims and a childs claims.
- Compensation can reflect lifetime needs when the injury affects development into adulthood, including ongoing therapy, surgeries, and future earning capacity.
- Evidence strength can decline with delay because records can be incomplete and witnesses may forget key details.
- Case clarity can depend on what prenatal and labor records show about risk factors and fetal monitoring patterns.
- Medical records access can be central because parents in Texas have a legal right to obtain a childs medical records.
- Expert review can be decisive when a provider claims the injury was unavoidable, since independent experts may identify mismanagement in the response to complications.
A Healthcare Focused Law Firm
When your child or a loved one has been diagnosed with Erb’s palsy after a difficult delivery, the weight of that news can feel overwhelming. You may be facing unexpected medical appointments, uncertain prognoses, and a growing sense that something went wrong during labor or delivery. These feelings are valid, and you deserve honest answers about what happened.
At Hastings Law Firm, we focus exclusively on medical malpractice, including birth injuries like Erb’s palsy. Our team of attorneys, nurse consultants, and medical staff understands both the medicine and the law behind these cases. If you are looking for a Houston Erb’s Palsy malpractice lawyer, we are here to review what happened during your child’s delivery and explain your legal options at no cost.
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.
The Hastings Law Firm Difference
Results matter, but what truly sets us apart is how we achieve them. Every verdict, every settlement, and every Houston courtroom victory comes from one guiding promise: To treat each client’s fight for justice as if it were our own.
This balance of skill, experience, and empathy reflects our core philosophy that justice should not only compensate the injured, but also make healthcare safer nationwide.
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.
Frequently Asked Questions About Erb’s Palsy Birth Injury in Houston
Key Erb’s Palsy Birth Injury Terms:
- Erb’s palsy (Erb-Duchenne palsy)
- A form of nerve damage affecting the shoulder and arm that occurs during childbirth. It happens when the upper brachial plexus nerves (C5 and C6) are stretched, compressed, or torn, often during a difficult delivery. Babies with Erb’s palsy may have weakness or paralysis in one arm, limited range of motion in the shoulder, and difficulty lifting or rotating the affected arm. In medical malpractice cases, Erb’s palsy is significant because it can result from excessive force applied during delivery or failure to properly manage a complicated birth.
- Upper brachial plexus (C5–C6 nerve roots)
- A network of nerves that runs from the spinal cord in the neck through the shoulder and into the arm. The C5 and C6 nerve roots are the uppermost nerves in this network and control movement and sensation in the shoulder, upper arm, and elbow. When these specific nerves are injured during birth—usually from stretching or tearing—the result is Erb’s palsy. Understanding which nerves are damaged helps doctors determine the extent of injury and what treatments or surgeries may be needed.
- Shoulder dystocia
- A serious childbirth complication that occurs when a baby’s head delivers but one or both shoulders become stuck behind the mother’s pelvic bone. This emergency requires immediate and proper maneuvers by the delivery team to free the baby safely. If doctors use excessive force, pull too hard on the baby’s head or neck, or fail to recognize risk factors beforehand, shoulder dystocia can cause permanent nerve damage such as Erb’s palsy. In malpractice cases, the focus is often on whether the medical team followed proper protocols to prevent or manage this complication.
- Excessive lateral traction (excessive pulling on the baby’s head/neck)
- The improper use of too much sideways or downward force on a baby’s head or neck during delivery. While some gentle traction may be necessary to guide the baby through the birth canal, pulling too hard—especially when the shoulder is stuck—can stretch or tear the delicate brachial plexus nerves. This is one of the most common causes of Erb’s palsy and often represents a breach of the standard of care. In a birth injury lawsuit, proving that excessive traction was used typically requires expert medical testimony and careful review of delivery records.
- Macrosomia (large baby)
- A medical term for a newborn with an abnormally high birth weight, typically defined as over 8 pounds 13 ounces, or over 9 pounds 15 ounces in some definitions. Larger babies have a higher risk of shoulder dystocia because their shoulders may not fit easily through the mother’s pelvis. In malpractice cases involving Erb’s palsy, a key question is whether doctors recognized signs of macrosomia during pregnancy—such as through ultrasound estimates or maternal diabetes—and whether they should have recommended a cesarean section to avoid a difficult vaginal delivery.
- Operative vaginal delivery (forceps delivery or vacuum extraction)
- A delivery method in which a doctor uses instruments—either forceps (metal tongs) or a vacuum device—to help guide the baby out of the birth canal. These tools are used when labor is prolonged or the baby is in distress, but they carry risks if used improperly. Incorrect placement, excessive force, or use when the baby’s position makes it unsafe can lead to nerve injuries like Erb’s palsy. In birth injury cases, the question is whether the instrument was medically necessary and whether it was applied according to accepted standards of care.
- Microsurgical brachial plexus repair (nerve graft / nerve transfer)
- A highly specialized surgical procedure performed to repair severely damaged nerves in the brachial plexus. In a nerve graft, a surgeon takes a healthy nerve from another part of the body and uses it to bridge a gap in the damaged nerve. In a nerve transfer, a less important working nerve is redirected to restore function to a more critical paralyzed muscle. These surgeries are complex, expensive, and typically performed within the first year of life for the best chance of recovery. In malpractice cases, the need for such surgery demonstrates the severity of the injury and contributes to the calculation of future medical costs.
- Tendon transfer surgery
- A surgical procedure used when nerve damage is permanent and muscles in the shoulder or arm no longer function properly. The surgeon detaches a working tendon from one muscle and reattaches it to a different location to restore movement or improve function. For children with Erb’s palsy, tendon transfer may be performed later in childhood to improve shoulder rotation, elbow bending, or hand function. These surgeries, along with ongoing physical therapy, represent significant long-term costs that are included in damages claims for birth injuries.
- Erb’s Palsy and Related Brachial Plexus Birth Injuries | Hospital for Special Surgery
- McRoberts Maneuver | Cleveland Clinic
- Medical Records | Texas State Law Library
- The evaluation and management of neonatal brachial plexus palsy | PubMed Central
- Civil Practice and Remedies Code Chapter 74 | Texas Legislature Online
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