Did your child develop Erb’s palsy during birth due to the negligence of a medical professional in Houston, TX? You may be entitled to pursue compensation through a medical malpractice claim.
At Hampton & King, we understand the challenges families face when dealing with a birth injury. We have over 70 years of combined experience helping families get justice after experiencing medical malpractice. We’ve recovered millions to hold negligent medical providers accountable, and we’re ready to stand by your side and fight for your child’s future.
Contact us today to schedule a free consultation with a Houston, TX birth injury lawyer. We work on a contingency fee basis, which means you don’t pay attorney fees unless we recover a settlement or verdict on your behalf.
Why Choose Hampton & King to Handle Your Birth Injury Case in Houston?
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.
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. Reach out today to learn more about how a lawyer can help.
What is Erb’s Palsy?
Erb’s palsy is a form of brachial plexus injury. The brachial plexus is a network of nerves in the neck that controls movement and sensation in the shoulder, arm, and hand. During a difficult delivery, these nerves can be stretched, torn, or even severed.
Common causes of Erb’s palsy include:
- Excessive pulling on the baby’s head or neck during delivery
- Improper use of delivery tools such as forceps or vacuum extractors
- Failure to order a timely C-section in cases of shoulder dystocia or breech position
- Improper response to complications during prolonged or obstructed labor
These errors can leave children with lasting weakness or paralysis in the affected arm.
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.
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 Types of Compensation Can I Recover in an Erb’s Palsy Claim in Houston?
Texas law allows families to recover compensation for their financial and personal losses related to a child’s birth injury.
An injury award may include money for:
- Past 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.
Contact a Houston Erb’s Palsy Lawyer for Help After a Birth Injury
Don’t wait if your child has been diagnosed with Erb’s palsy after birth. In Texas, medical malpractice claims must generally be filed within two years of the date of the injury or when it was discovered, if later. In birth injury cases, the clock may be extended until the child’s 14th birthday, but waiting too long could put your case at risk.
It is crucial to speak with an attorney as soon as possible to protect your child’s rights. At Hampton & King, we know how devastating a preventable birth injury can be. Our team is here to help you pursue justice and secure the resources your family needs. Call us today to schedule a free consultation with a Houston Erb’s palsy lawyer.