Austin Erb's Palsy Attorney

Common Ways Erb's Palsy Occurs During Delivery

There are several ways Erb's Palsy can occur during birth. If a baby's shoulder becomes lodged behind the mother's pelvic bone, the delivering provider must act quickly and carefully. There are established maneuvers to help free the shoulder while reducing strain on the neck and shoulder area. If excessive force is used on the baby's head or neck, or if proper steps are not taken when shoulder dystocia is recognized, the brachial plexus can be injured. In some situations, decisions about when to proceed with a cesarean section instead of continuing with a difficult vaginal delivery may also be important.

Not every Erb's Palsy diagnosis is caused by medical negligence. However, the only way to fairly evaluate what happened is through a careful review of prenatal care, labor and delivery records, and the actions of the medical team. Our attorneys work with qualified medical professionals to understand whether the care provided met accepted standards. We explain our findings in clear language so that you can make informed decisions about how to move forward.

Who May Be Responsible For an Erb's Palsy Injury

When parents reach out after an Erb's Palsy diagnosis, they often want to know who may be held accountable if a preventable mistake occurred. Births involve many people and moving parts, and responsibility can rest with one provider, several individuals, or an institution.

Potentially responsible parties can include obstetricians, midwives, nurses, and other staff who managed labor and delivery. If they failed to recognize risk factors such as a large baby, gestational diabetes, or prolonged labor, they may have missed warning signs that a different delivery plan was needed. If shoulder dystocia arose and they did not use appropriate maneuvers, or used excessive traction, that may be a factor in the injury.

Hospitals and birthing centers can also bear responsibility. These facilities are expected to have policies, training, and staffing levels that support safe deliveries. Issues such as inadequate staffing, poor communication between providers, or lack of training in responding to shoulder dystocia may contribute to negligent care. In some cases, group practices or clinics that employed the provider can also be part of a claim.

Evaluating responsibility in an Erb's Palsy case requires more than a quick review of a chart. It usually involves a detailed timeline of pregnancy and labor, analysis of medical decision making, and consultation with medical professionals in relevant fields. Our attorneys have handled complex negligence investigations for many years, and we bring that same disciplined approach to birth injury cases. We also make it a priority to explain these issues in a way that makes sense to you, instead of burying you in technical jargon.

What To Do After an Erb's Palsy Diagnosis

After your child is diagnosed with Erb's Palsy, you may feel pulled in many directions. You are trying to keep up with appointments and recommendations, and at the same time you may be thinking about your legal options. Taking a few practical steps can help protect your child's health and any potential claim.

Prioritize Medical Care & Documentation

Your first focus should be on your child's medical care. Follow up with the specialists your pediatrician recommends, which may include pediatric neurologists, orthopedic surgeons, and physical or occupational therapists. Ask questions about prognosis, treatment options, and what signs the care team is watching for over time. Keeping up with recommended therapy and evaluations can support your child's development and help document how the injury affects daily life.

It is also helpful to gather and keep copies of important records. These can include prenatal records, labor and delivery notes, operative reports if there was a cesarean section, neonatal intensive care records, and discharge summaries. If you receive written information about your child's diagnosis or therapy plan, store that in a safe place. You may also want to keep a simple journal or notes about your child's progress, the exercises you are asked to do at home, and any concerns you notice over time.

Be Careful With Forms & Early Offers

You should be cautious about signing forms provided by hospitals, clinics, or insurance companies that you do not fully understand. Some documents can authorize broad release of information or may be related to early settlements. Before agreeing to anything that discusses compensation or waivers of rights, it is wise to speak with an attorney who handles birth injury matters.

When you contact our firm, we can review the information you already have and explain what other records may be needed. We talk with you about timelines that apply to medical malpractice claims in Texas and what steps might be involved if you decide to move forward. There is no cost for this initial conversation, and we work to make it as straightforward and respectful as possible.

Compensation & Long-Term Needs in Erb's Palsy Cases

One of the hardest parts of an Erb's Palsy diagnosis is thinking about the future. You may be wondering how much care your child will need, what that care will cost, and whether they will face limitations in school, sports, or work. A legal claim cannot undo the injury, but it can be a way to seek resources that support your child's needs over time.

In an Erb's Palsy case, damages may include past medical expenses, such as hospital stays, specialist visits, and therapy costs. They may also include projected future costs for additional surgeries, ongoing therapy, adaptive equipment, and other forms of support your child may need. In some situations, damages can also address the impact that the injury may have on your child's ability to earn income in the future or to participate fully in daily activities.

Presenting these damages effectively requires careful planning. This often involves working with medical professionals and, when appropriate, life care planners or economists who help outline likely future costs. Our attorneys have a long record of handling catastrophic injury cases where lifetime planning is essential. The results we have achieved in those matters reflect our commitment to telling the full story of how an injury changes a life.

Frequently Asked Questions

How do I know if my child's Erb's Palsy was caused by medical negligence?

The only reliable way to assess whether negligence may have caused your child's Erb's Palsy is through a careful review of the medical records and circumstances of the birth. Warning signs can include difficult labor with shoulder dystocia, unexpected use of significant force during delivery, or risk factors that were not addressed with an appropriate delivery plan. However, these signs alone do not tell the full story.

When you contact our firm, we review prenatal and delivery records and usually consult with medical professionals who are familiar with accepted standards of care. We look at the decisions that were made, how quickly providers responded to complications, and whether safer options were available but not used. After this review, we explain our conclusions to you in clear terms and discuss whether a claim may be appropriate. This evaluation helps you move from guesswork to an informed understanding of what likely happened.

How long do Erb's Palsy cases usually take in Texas?

The timeline for an Erb's Palsy case in Texas can vary based on several factors, including the complexity of the medical issues, the number of parties involved, and the court's schedule. Many cases begin with an investigation and expert review that can take several months. If a lawsuit is filed, it typically proceeds through stages such as discovery, depositions, and possible mediation before reaching trial or settlement.

Our attorneys are familiar with medical malpractice procedures in this state, including requirements related to expert reports and deadlines for filing claims. When we discuss your case, we provide a general overview of what the timing might look like, given your particular circumstances. Throughout the case, we work to keep you informed about key milestones and any changes that affect the projected timeline.

What kind of compensation might be available for my child's Erb's Palsy?

Potential compensation in an Erb's Palsy case can cover both past and future harms related to the injury. This may include medical expenses already incurred, such as hospital stays, specialist visits, and therapy. It can also include the cost of future treatment, additional surgeries if needed, ongoing rehabilitation, and adaptive equipment that supports your child's independence.

In some cases, damages may also address the impact of the injury on your child's ability to work in the future or to enjoy certain activities. Each case is different, and the specific categories and amounts depend on the evidence. During our evaluation, we talk with you about what types of losses are present in your child's situation and how those may be presented as part of a claim.

Talk With Our Austin Trial Attorneys About Your Child's Erb's Palsy

If your child has been diagnosed with Erb's Palsy, you do not have to sort through medical records and legal questions alone. Speaking with an Erb's Palsy lawyer who understands both the medical and legal aspects of birth injury cases can help you get clearer answers and a realistic view of your options. Our team is here to listen to your story, review the available information, and discuss possible next steps.

When you contact us, you will talk with a firm that has nearly 25 years of experience representing families in serious injury and medical negligence matters in Austin and across Central Texas. We offer free consultations, and we work on a contingency fee basis so you do not pay attorney fees unless we recover compensation for your family. Reaching out for legal guidance is a way to protect your child's future and your right to accountability if a preventable mistake occurred.

To schedule a free consultation with our trial attorneys about a potential Erb's Palsy claim, call (512) 430-4844 or contact us online today.