Welcoming a new baby should be one of life’s most joyous experiences. But when a birth injury like Erb’s palsy changes that moment into one of worry and heartbreak, you deserve answers – and justice.
If your child has been diagnosed with Erb’s palsy due to medical negligence during labor or delivery, Hampton & King is here to help.
To schedule your free consultation today with a qualified birth injury attorney in Houston, call us at (713) 352-7214 or complete our simple online form today.
Why Choose Hampton & King to Handle Your Erb’s Palsy Case?
At Hampton & King, we have built a reputation as one of Houston, Texas’s premier birth injury law firms. We exclusively focus on medical malpractice cases and know how to put your case in a position for a successful result.
Here’s what sets our Houston medical malpractice lawyers apart:
- Our firm has recovered millions for families facing medical malpractice and birth injury cases across Texas.
- We have over seven decades of combined experience and focus specifically on medical negligence claims.
- One of our founding partners is a physician-attorney, giving us a unique ability to understand the complex medical issues in birth injury litigation.
- Our lawyers provide compassionate, personalized support during clients’ most challenging times.
When your child’s health and future are on the line, you need a team willing to go the distance to get justice. Call our legal team today to schedule a free case review with our Houston Erb’s palsy attorneys.
How a Houston Birth Injury Lawyer Can Help With a Medical Malpractice Claim
Medical malpractice claims in Texas can be intimidating for families, especially while caring for an injured child. An experienced Houston birth injury attorney can help you stand up to hospitals and insurance companies, who will use teams of attorneys and staff to challenge your right to compensation.
We believe that families should not have to shoulder the financial and emotional burden caused by medical negligence. We’re here to stand by your side and fight for your child’s future.
Your attorney will:
- Review medical records to determine if malpractice occurred.
- Work with medical experts to prove negligence and causation.
- Gather testimony, hospital records, and witness accounts.
- Ensure all current and future medical expenses, therapies, and losses are accounted for.
- Negotiate directly with hospitals, doctors, and insurance carriers.
- Taking your case to trial if a fair settlement cannot be reached.
At Hampton & King, we will handle all legal aspects of your case while you focus on your child’s care.
Birth Injury Case Results
Below are a few examples of our successful birth injury case results:
- $6,500,000 was recovered in a case of negligent fetal heart monitoring, resulting in HIE.
- $6,000,000 was recovered in a case of post-partum hemorrhage, resulting in brain damage.
- $4,000,000 was recovered in a case of negligent administration of Pitocin, resulting in cerebral palsy.
What Is Erb’s Palsy?
Erb’s palsy is a type of brachial plexus injury that occurs when the network of nerves near the neck, which controls movement and sensation in the arm and shoulder, is damaged. It often happens during difficult deliveries where excessive force is used to pull the baby from the birth canal, especially when shoulder dystocia is involved.
Infants with Erb’s palsy may have weakness or even paralysis in the affected arm. In some cases, they recover with physical therapy over time. In others, the damage can be permanent, affecting the child’s ability to use their arm normally for the rest of their life.
Another type of muscle weakness caused by birth injury is cerebral palsy. If your child is suffering, contact one of our Houston cerebral palsy lawyers to discuss your case for free.
Types of Erb’s Palsy
Erb’s Palsy can take several forms, depending on the extent and nature of the nerve damage within the brachial plexus. The classification typically falls into three categories:
Neurapraxia
Neurapraxia is the mildest form of Erb’s Palsy. It involves stretching of the nerves within the brachial plexus without tearing or permanent damage. In most cases, the nerves remain structurally intact, and symptoms such as weakness or reduced mobility are temporary. Children with neurapraxia often experience a full recovery within weeks to a few months.
Axonotmesis
In axonotmesis, the nerve fibers (axons) experience damage, but the outer protective sheath remains intact. This type of injury is moderate in severity and may result in prolonged symptoms. Recovery typically takes longer and may require physical or occupational therapy to regain function. In some cases, children only experience partial improvement.
Neurotmesis
Neurotmesis is the most severe form of Erb’s Palsy. It involves a complete tear or rupture of the nerve. Here, both the nerve and its surrounding structures are disrupted. Recovery typically requires surgical intervention. Even with surgery, the return of full function may be unlikely. Early diagnosis is often crucial for enhancing recovery prospects.
What Are the Symptoms of Erb’s Palsy?
The signs of Erb’s palsy may be evident immediately after birth — but not always. Common symptoms to watch out for include:
- Weakness or limpness in one arm
- Limited movement in the shoulder or elbow
- Inability to lift the arm away from the body
- Loss of sensation in the arm or hand
- Abnormal positioning of the arm (often rotated inward)
- Lack of grip strength in the affected hand
In more severe cases, children may face partial or complete paralysis of the arm. Some recover with therapy, but others require surgical intervention and long-term care.
How Does Medical Negligence Cause Erb’s Palsy?
Erb’s palsy can often be prevented when medical professionals properly monitor and manage labor and delivery. Unfortunately, some cases stem from preventable mistakes, such as:
- Failing to recognize signs of shoulder dystocia
- Using excessive force during delivery
- Improper use of forceps or vacuum extractors
- Neglecting to order a timely C-section when complications arise
- Misjudging the baby’s size (fetal macrosomia) and failing to plan for a high-risk delivery
- Failing to monitor and respond to signs of fetal distress
- Inadequate prenatal care or failure to identify risk factors for a difficult delivery
- Delays in escalating care or calling for assistance during complicated labor
When healthcare providers fail to uphold the standard of care, and that failure results in a preventable birth injury, they can be held legally responsible. Every child deserves a safe delivery – and when negligence interferes with that right, families have legal options to pursue accountability and compensation.
What Types of Compensation Can I Recover in an Erb’s Palsy Claim?
Texas law allows families to recover compensation for their financial and personal losses related to a child’s birth injury.
Economic damages cover your measurable expenses related to the condition, specifically those that can be proven with documentation like invoices, bills, and receipts.
Non-economic damages cover non-financial losses that are personal in nature but take a physical, psychological, or emotional toll on a child and/or mother.
An injury award may include money for:
- Ongoing and future medical expenses
- Rehabilitation and therapy costs
- Special equipment and assistive devices
- Pain and suffering
- Loss of future earning potential
- Emotional distress for both the child and the parents
Texas caps non-economic damages in medical malpractice cases. However, economic damages (like medical costs) can be significant, especially for lifelong conditions such as Erb’s palsy.
Liability for Birth Injury Cases in Texas
In Texas, healthcare providers have a duty to follow accepted standards of medical care during labor and delivery. If a doctor, nurse, or hospital deviates from those standards and your child is harmed, they can be held liable for medical malpractice.
To show a medical provider is liable for your child’s injuries, you must establish four elements:
- Duty – A provider-patient relationship existed.
- Breach – The provider failed to meet the standard of care related to labor and delivery.
- Causation – That failure caused the injury.
- Damages – The injury resulted in measurable damages, such as financial losses.
Your attorney will gather various types of evidence to help you establish liability, including:
- Medical and treatment records
- Fetal monitoring strips
- Delivery room notes and nursing logs
- Operative reports
- Medication records
- Expert testimony
- Witness testimony
- Diagnostic tests and imaging
- Photographs and videos
- Hospital policies and protocols
In an Erb’s palsy case, liability often arises from mismanagement of a difficult labor, excessive traction during delivery, or failure to recognize and respond to delivery complications.
What Evidence Is Used in a Birth Injury Case?
In a birth injury case, you need solid evidence showing that medical negligence caused harm to a child or mother.
Common types of evidence used in birth injury cases include:
- Medical records, including prenatal care records, labor and delivery notes, fetal monitoring strips, and records of any interventions (like use of forceps or vacuum extraction).
- Expert testimony from obstetricians, pediatric neurologists, or labor and delivery nurses.
- Witness statements from the parents, attending staff, or anyone present during labor and delivery, especially if there were visible signs of distress or delays in care.
- Photographs and videos of the child’s condition after birth, such as physical deformities or signs of trauma.
- Developmental and medical evaluations of the child’s development, including therapy records and physician assessments, to establish the long-term impact of the injury.
These forms of evidence help prove that the medical provider owed a duty of care, breached that duty, and directly caused harm resulting in damages. Medical experts, in particular, can analyze the records and testify about what a competent professional should have done in the same situation. They also explain how the injury likely occurred and whether it could have been prevented.
What is the Deadline to File a Claim in Texas?
Texas law places a strict two-year deadline on filing medical malpractice claims. If your child was diagnosed with Erb’s palsy due to a birth injury, it’s crucial to take action as soon as possible. There are some exceptions to this rule, but waiting too long can result in losing your right to seek justice.
Let us evaluate your case and guide you through your legal options. The consultation is free, and we don’t get paid unless we recover compensation for you.
Understanding Legal Fees
Most birth injury lawyers work on a contingency fee basis, which means you don’t pay any legal fees unless your case is won. You won’t be asked to pay hourly rates, retainers, or filing fees out of pocket. Instead, your attorney advances all necessary litigation costs.
If your case results in a settlement or jury award, your attorney will receive an agreed-upon percentage of the total recovery as their fee. If your case is not successful, you owe nothing in attorney’s fees.
This fee structure allows families to pursue justice without the added strain of legal fees. Hampton & King offers contingency fees in all birth injury cases. We also offer free consultations to help you understand your rights and legal options.
Speak With a Houston Erb’s Palsy Lawyer Today
Your child deserves every opportunity to thrive – and you deserve answers about what happened. If you believe your child’s Erb’s palsy was caused by medical negligence, contact Hampton & King today.
A compassionate and experienced catastrophic injury attorney from our firm is ready to listen, investigate, and advocate for your family.
Call us now at (713) 489-0993 or complete our simple online form to schedule your free consultation.