Brachial Plexus Birth Injury Lawyer

Contact the Carlson Law Firm About Your Brachial Plexus Birth Injury Case

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We Serve Victims of Brachial Plexus Birth Injury

The brachial plexus is a network of nerves that controls movement and sensation in the shoulder, arm and hand. A brachial plexus palsy birth injury can result in weakness, paralysis or loss of movement affecting one arm.

When excessive traction or improper delivery techniques cause nerve damage, a preventable medical error could have contributed to the injury. If your child was diagnosed with brachial palsy following a difficult delivery, a brachial plexus birth injury lawyer can review the circumstances under Texas malpractice law to determine your legal options.

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What Is Brachial Plexus Palsy?

Brachial plexus palsy refers to injury of the nerves that begin in the spinal cord and extend into the shoulder and arm. These nerves are responsible for controlling muscle function and transmitting sensation.

Damage can range from mild stretching of the nerve fibers to complete tearing or avulsion from the spinal cord. Severity of the injury typically determines the likelihood of recovery. Brachial plexus birth injuries are sometimes called obstetric brachial plexus injuries.

Brachial Plexus Nerve Injury During Delivery in Texas

Brachial plexus birth injuries most commonly occur when significant force is applied to a baby’s head and neck during vaginal delivery. This may happen in cases involving:

  • Large infant size
  • Instrument-assisted delivery (Vacuum or forceps)
  • Shoulder dystocia
  • Breech delivery
 

In situations when the baby’s shoulder becomes lodged behind the mother’s pelvic bone, providers may attempt to free the shoulder. Improper technique can result in a shoulder dystocia birth injury, or excessive traction can stretch and tear the brachial plexus nerves.

A brachial plexus birth injury lawyer will determine whether the delivery was managed according to accepted obstetric standards when evaluating potential malpractice.

Types of Brachial Plexus Injuries

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Medical professionals usually classify brachial plexus birth injuries based on severity. The main categories are:

  • Avulsion – nerve root torn from the spinal cord
  • Neuropraxia – mild stretching injury, often temporary
  • Neuroma – scar tissue formation around injured nerves
  • Rupture – partial or complete tearing of the nerve
 

There are varying degrees of nerve damage with a brachial plexus birth injury that influence treatment options and long-term outcomes. A brachial plexus birth injury lawyer can evaluate the circumstances of your case and determine appropriate legal options.

Evaluating a Brachial Plexus Palsy Malpractice Claim in Texas

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Birth injury claims involving brachial plexus palsy are generally pursued as medical malpractice cases under Texas law. Texas Civil Practice and Remedies Code 74.351 requires plaintiffs to serve an expert medical report early in litigation describing how the standard of care was allegedly violated.

Following Texas law, to establish liability, a claimant must demonstrate:

  • A healthcare provider owed a duty of care
  • The provider breached the accepted standard of care
  • The breach caused nerve injury
  • Damages were the result
 

Reviewing delivery records, physician notes and testimony from obstetric experts is often necessary to determine whether excessive traction or improper technique occurred. A brachial plexus birth injury lawyer can help explain your legal options.

Video: How Can a Brachial Plexus Attorney Help?

Signs and Symptoms in Newborns

In some cases, fractures of the clavicle or humerus may occur simultaneously. Signs of brachial plexus palsy birth injury may be noticeable shortly after birth. These symptoms can include:

  • Weak grip strength
  • Asymmetrical reflexes
  • Limited or absent movement in one arm
  • Arm held in an abnormal position
 

Early diagnosis gives healthcare providers the opportunity to begin physical therapy and monitor nerve recovery.

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Erb’s Palsy and Other Variations of Brachial Plexus

Erb’s palsy is a specific type of brachial plexus injury affecting the upper portion of the nerve’s network. It typically results in weakness of the shoulder and upper arm. Other variations of brachial plexus may involve lower portions of the nerve network, affecting hand and wrist function.

While some infants experience partial or full recovery, others may require surgical intervention or long-term therapy.

Potential Compensation in Brachial Plexus Cases

Non-economic damages in medical malpractice cases are limited under Texas Civil Practice and Remedies Code 74.301. If medical negligence contributed to nerve damage, compensation could include:

  • Medical expenses
  • Surgical procedures
  • Lost earning capacity
  • Physical and occupational therapy
  • Assistive devices
  • Non-economic damages subject to Texas statutory caps
 

Each case depends on the severity of injury and projected future care needs. A birth injury lawyer with The Carlson Law Firm can evaluate the circumstances of your case and provide support.

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Statute of Limitations in Texas Birth Injury Cases

The majority of medical malpractice claims in Texas are subject to a two-year statute of limitations. Claims involving minors may be governed by modified deadlines under Texas Civil Practice and Remedies Code 74.251.

Because nerve injuries may not fully reveal their long-term impact immediately at birth, understanding filing deadlines is essential. A brachial plexus birth injury lawyer can help with deadlines and explain your legal options in Texas with compassion.

Brachial Plexus Palsy FAQ

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.

Long-Term Outlook for Children with Brachial Plexus Injuries

Many children with mild nerve injury during delivery in Texas recover with therapy over time. More severe birth injuries may require surgical nerve repair, tendon transfers or ongoing rehabilitation. Function limitations can affect:

  • Strength
  • Coordination
  • Range of motion
  • Fine motor skills
 

Long-term medical planning may be necessary to address educational and occupational considerations as the child grows. These factors are considered in a brachial plexus palsy malpractice claim for long-term care costs.

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When to Consider Legal Review by a Brachial Plexus Birth Injury Lawyer

A birth injury lawyer at The Carlson Law Firm can provide compassionate support through a difficult time. Families may wish to seek legal evaluation if:

  • Shoulder dystocia was documented
  • Recovery has not gone as expected
  • The delivery involved significant traction or force
  • The child was diagnosed with nerve damage immediately after birth
 

It is important to note that a legal review does not guarantee litigation but allows qualified medical experts to determine whether the accepted standard of obstetric care was followed.

Reach Out to a Brachial Plexus Birth Injury Lawyer

Brachial plexus injuries can affect a child’s movement and development. If you believe preventable mistakes during delivery contributed to your child’s condition, reviewing the medical records may help provide clarity.

A birth injury lawyer at 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.

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