Erb’s palsy is a form of nerve injury affecting the upper portion of the brachial plexus, the nerve network that controls movement and sensation in the shoulder and arm. When there is excessive traction to a newborn’s head and neck during delivery, the nerves may stretch and tear. This can result in weakness or paralysis of the upper arm.
While some cases of Erb’s palsy improve with therapy, more severe injuries may lead to long-term functional limitations. When the condition develops following a difficult birth, families may seek an Erb’s palsy birth injury lawyer to understand whether the injury was preventable and whether appropriate delivery techniques were used.
Erb’s palsy involves damages to the upper nerves of the brachial plexus, specifically affecting the C5 and C6 nerve roots in most cases. According to the National Library of Medicine, these nerves control muscles responsible for:
Infants with Erb’s palsy can exhibit what is sometimes described as a “waiter’s tip” posture, where the arm hangs at the side with limited ability to lift or rotate. The severity of the injury varies. In some cases, the nerves are stretched but not torn. More serious cases can involve ruptured nerves or avulsion.
When the baby’s shoulder becomes lodged behind the maternal pelvic bone, healthcare providers need to perform specific obstetric maneuvers to relieve the obstruction. Excessive downward traction on the head and neck can place stress on the brachial plexus nerves. Erb’s palsy most often occurs in deliveries complicated by:
The key legal question is not whether shoulder dystocia occurred, but whether the provider responded in a manner consistent with accepted obstetric standards.
In many cases, Erb’s palsy is apparent shortly after birth. Diagnosis may involve physical examination and, in some cases, imaging studies or nerve conduction testing. Signs of the birth injury may include:
Early intervention through physical therapy may improve range of motion and muscle strength. An Erb’s palsy birth injury lawyer can evaluate your case to determine what legal options exist.
Treatment for Erb’s palsy depends on the severity of nerve injury. Mild stretching injuries may improve within months. More serious injuries may require:
Recovery outcomes can vary. Some children regain substantial function, while others experience persistent weakness or limited mobility. Long-term follow-up may be necessary to monitor muscle development and prevent joint stiffness.
Birth injury claims involving Erb’s palsy are generally pursued under Texas medical malpractice law. Expert obstetric testimony is usually necessary to determine whether proper maneuvers were used. To establish liability, a claimant must show:
Under Texas Civil Practice and Remedies Code 74.351, Texas law requires plaintiffs to serve an expert medical report early in the litigation process outlining how the standard of care was allegedly violated.
Erb’s palsy malpractice claims are generally subject to a two-year statute of limitations in Texas. Claims involving minors may be governed by Texas Civil Practice and Remedies Code 74.251, with modified deadlines. These cases typically require review of:
Long-term functional limitations may not be immediately apparent with birth injuries. An Erb’s palsy birth injury lawyer can evaluate your case and help stay on top of filing deadlines.
Each birth injury case depends on the severity of impairment and projected future care needs. If negligence contributed to the injury, compensation may include:
According to Civil Practice and Remedies Code 74.301 of Texas law, medical malpractice cases limit non-economic damages.
Erb’s palsy primarily affects shoulder and upper arm movement. In more severe cases, children may require adaptive support in school or later employment. Functional limitations may include:
Consideration of long-term therapy costs and functional limitations are often evaluated in a legal Erb’s palsy malpractice claim.
Mild stretching injuries may improve over time. More severe birth injuries may require surgery or long-term therapy.
Texas generally provides a two-year statute of limitations for medical malpractice claims, with modified rules for minors under Texas Civil Practice and Remedies Code 74.251.
No. Some brachial plexus nerve injuries may occur even with appropriate medical care. A malpractice claim arises only if a provider failed to meet the standard of care and that failure caused injury.
Delivery records, expert medical opinions, physician notes and documentation of shoulder dystocia are typically central to evaluating liability.
Potential compensation for brachial plexus palsy malpractice claims may include therapy costs, medical expenses, surgical care and non-economic damages subject to Texas law.
A legal review does not assume wrongdoing. It allows medical experts to determine whether accepted delivery standards were followed. Families may want to seek legal evaluation if:
If you need an Erb’s palsy birth injury lawyer to review your case, The Carlson Law Firm can evaluate the details of your claim and explain legal options with compassion.
Our compassionate legal team will handle your case with sound judgment, honesty and dependability.
We have strong ties to our community, which drives us to work tirelessly to get our clients the favorable outcomes they deserve.
Our attorneys consistently achieve some of the largest verdicts and settlements in the country.
Erb’s palsy can affect a child’s strength, coordination and development. If you believe preventable delivery errors contributed to your child’s condition, reviewing the medical records with an Erb’s palsy birth injury lawyer could provide clarity.
The Carlson Law Firm can evaluate the circumstances surrounding your child’s birth and discuss the legal options that may be available under Texas medical malpractice law.
With over a dozen locations throughout Texas, there’s a Carlson Law Firm near you. We have law offices located in Killeen, Temple, Waco, Round Rock, Austin, San Antonio, Kerrville, Laredo, Bryan, Lubbock, Midland, and Corpus Christi.
