When medical negligence leads to a preventable birth injury, families deserve answers. An Erb’s palsy diagnosis can change a child’s life forever. At Aldous Law, our Dallas birth injury attorneys fight to hold negligent doctors and hospitals accountable for the harm caused to newborns. With decades of courtroom experience and a record of results in complex medical malpractice cases, our firm provides the compassionate support and legal guidance your family needs.
If your child was diagnosed with Erb’s palsy, contact Aldous Law today for a free consultation. We will review your case, explain your legal options, and help you pursue the compensation your child needs for care, therapy, and a brighter future.
What Is Erb’s Palsy?
Erb’s palsy is a condition caused by injury to the brachial plexus, the network of nerves that controls movement and sensation in the shoulder, arm, and hand. During childbirth, these nerves can be stretched, compressed, or torn due to excessive force or pressure, often occurring during a difficult or prolonged delivery.
Such trauma is more likely in high-risk situations such as shoulder dystocia, breech presentation, the use of forceps or vacuum devices, or when the labor is unusually complicated. While some infants experience temporary weakness and recover fully, others may suffer permanent paralysis or lasting limitations in movement and strength.
Causes of Brachial Plexus Injuries at Birth
- Shoulder dystocia: The baby’s shoulder becomes lodged behind the mother’s pelvis during delivery, requiring force that can injure nerves.
- Delivery instruments: Excessive or improper use of forceps or vacuum devices can stretch or tear the nerves.
- Abnormal positioning: Breech or other non-head-first presentations increase the risk of nerve injury.
- High birth weight: Larger infants are more prone to shoulder complications during birth.
- Prolonged or difficult labor: Extended or complicated labor can place additional stress on the brachial plexus.
Common Signs and Diagnosis in Infants
Erb’s palsy symptoms often appear immediately after birth, and early recognition is key to starting treatment. Doctors typically assess each arm’s strength, reflexes, and mobility to identify signs of nerve injury. Parents may also notice visible differences in their baby’s arm movement or posture.
Common signs of Erb’s palsy in infants include:
- Limited or absent movement in the affected arm
- The “waiter’s tip” position where the arm is held close to the body with the elbow bent and the wrist turned downward
- Weak grip or difficulty grasping objects in the affected hand
- Decreased or absent response to touch on one side of the body
- Absence of normal reflexes, such as the Moro (startle) reflex, on the injured side
A pediatrician or neurologist can confirm Erb’s palsy through a physical examination and may order diagnostic tests such as electromyography (EMG), nerve conduction studies, or imaging scans like an ultrasound or MRI. These tests help determine the severity of nerve damage and guide the appropriate treatment plan.
How Medical Negligence Can Lead to Erb’s Palsy
Many cases of Erb’s palsy are linked to preventable medical errors. Doctors, nurses, and delivery teams are expected to follow established standards of care to protect both mother and child, and failure to properly manage complications during labor can result in life-changing nerve injuries.
Medical negligence in birth trauma cases can be the result of medical professionals applying excessive force during delivery, not recognizing shoulder dystocia, or delaying necessary interventions such as a cesarean section. When these standards are not met, families have the right to hold medical professionals accountable and seek newborn nerve damage compensation for medical treatment, therapy, ongoing care, and the long-term impact on your child’s life.
Delivery Errors and Improper Force Use
During delivery, the use of forceps, vacuum extractors, or excessive pulling on a newborn can stretch or tear the delicate brachial plexus nerves, leading to Erb’s palsy. These injuries often occur when your labor and delivery team applies too much force or fails to follow proper techniques, and they can have lasting consequences for your child’s mobility and strength.
Failing to Order a C-section in Time
In some cases, Erb’s palsy results from delaying a necessary cesarean section when complications arise. If an OB does not recognize that a vaginal delivery is putting the baby at risk and fails to act quickly, the resulting stress on the baby can damage the nerves in their shoulder and arm.
Who Is Legally Responsible for Erb’s Palsy?
When a child is diagnosed with Erb’s palsy, establishing liability depends on if medical negligence occurred during labor and delivery. Understanding who may be held accountable is essential for families seeking justice and compensation for medical treatment, therapy, and ongoing support after a birth injury.
Doctors, Nurses, and Hospital Liability Explained
- Obstetricians and attending physicians: Responsible for monitoring labor, recognizing complications like shoulder dystocia, and making timely decisions, including when to perform a C-section, to protect the baby.
- Labor and delivery nurses: Tasked with closely observing the mother and baby, assisting physicians, and alerting the medical team to potential emergencies or abnormal signs during delivery.
- Hospital or birthing center: Can be held liable if systemic issues, such as understaffing, inadequate protocols, or lack of proper equipment, contribute to the injury.
What Compensation Can You Recover in Texas?
- Medical expenses: Costs for surgeries, hospital stays, specialist visits, medications, and ongoing treatment.
- Physical, occupational, and speech therapy: Therapy needed to improve mobility, strength, and overall function.
- Future care costs: Long-term medical care, adaptive equipment, and rehabilitation services as the child grows.
- Pain and suffering: Compensation for the physical and emotional impact on the child.
- Emotional distress for parents and family – Recognition of the emotional toll on parents and siblings.
- Lost wages or earning capacity: If a parent needs to reduce work hours or stop working to care for the child.
- Other related expenses: Costs such as transportation for medical appointments or home modifications.
Why Choose Aldous Law for Your Child’s Case
Our birth injury attorneys at Aldous Law understand how overwhelming it can feel when your child is diagnosed with Erb’s palsy. We’re here to guide you through every step of pursuing a medical malpractice claim. We will review medical records to understand what went wrong during delivery. We can also consult medical experts, negotiate with insurance companies, or take your case to court if needed.
Our birth injury lawyers have achieved remarkable results for families, including:
- $8.75 million for a newborn who suffered a permanent brain injury from improper fetal heart monitoring.
- $7.3 million when hospital staff failed to act on urgent fetal heart readings.
- $6.5 million when hospital staff failed to monitor a mother and her newborn, leading to permanent brain injuries in the newborn.
- $5.7 million for failing to perform a C-section when there were clear signs of fetal distress.
We would be honored to stand with your family, offering experienced guidance, strength, and compassionate support to protect your child’s future.
Let’s Help Your Family Move Forward—Call Today
If your child has been diagnosed with Erb’s palsy, the birth injury attorneys at Aldous Law are here to help your family navigate the legal process with confidence and care. We will review your child’s medical records, investigate the circumstances surrounding the delivery, consult medical experts, and guide you through each step of pursuing an Erb’s palsy compensation claim.
Contact us today to speak with a Dallas medical malpractice attorney who will fight for your family’s rights and help protect your child’s future.
