San Antonio Erb’s Palsy Attorney

Advocating for Infant Victims of Erb’s Palsy & Their Parents in Texas

Doctors must exercise extreme care and caution when delivering a baby. One risk during birth is the onset of Erb’s palsy. If you suspect your child’s Erb’s palsy is the result of medical malpractice, talk with our team at Maloney Law Group, P.L.L.C. today.

We know that no amount of money can erase the suffering you and your child have experienced. However, we do believe that your medical team should be held accountable for their actions. The financial implications of Erb’s palsy can be far-reaching. Make sure the responsible party covers these expenses.

On This Page

• What Is Erb’s Palsy?
• How Medical Malpractice Can Lead to Erb’s Palsy
• Erb’s Palsy Support & Resources
• Let a Compassionate Team Fight for You
• Frequently Asked Questions About Erb’s Palsy

What Is Erb’s Palsy?

Erb’s palsy is a form of obstetric brachial plexus disorder. It can be caused by shoulder dystocia that occurs in the birth canal. Erb’s palsy can range from lack of feeling in the fingers to full paralysis of the arm and trunk. It is a nerve condition caused by damage to the baby’s neck where the fifth and sixth cranial nerves merge.

Some cases of Erb's palsy can be corrected by surgery or physical therapy. However, these treatments can be expensive. Filing a lawsuit against the responsible parties could make treatment more accessible for your baby.

How Medical Malpractice Can Lead to Erb’s Palsy

Any damage to the shoulder or neck during birth can result in Erb's palsy.

Here are some common scenarios where medical negligence can cause Erb’s palsy:

• Improper Use of Forceps or Vacuum Extractor: If a healthcare provider uses excessive force when pulling the baby out, particularly when using tools like forceps or a vacuum extractor, it can stretch or tear the nerves in the baby’s shoulder, leading to Erb's palsy.
• Failure to Perform a Timely C-Section: In cases of shoulder dystocia, where the baby’s shoulder gets stuck behind the mother’s pubic bone during delivery, prompt action is required. If the doctor fails to recognize or appropriately handle this complication, it can result in excessive force on the baby’s shoulder nerves.
• Mismanagement of Shoulder Dystocia: Shoulder dystocia is a known risk factor for brachial plexus injuries. If the medical team does not follow proper techniques to safely deliver the baby in this situation (such as the McRoberts maneuver or applying suprapubic pressure), the baby’s nerves may become damaged.
• Excessive Pulling on the Baby’s Neck: If there is too much traction on the baby’s neck during delivery, especially when trying to guide the baby through the birth canal, this can stretch and damage the brachial plexus, leading to Erb's palsy.
• Improper Delivery Techniques for Breech Births: In breech deliveries (when the baby is positioned feet-first), mishandling the baby’s body, particularly by pulling on the legs or torso, can place pressure on the brachial plexus, causing nerve damage.

When these types of medical errors occur, they can result in permanent or temporary damage to the brachial plexus nerves, which causes the characteristic weakness or paralysis in the affected arm seen in Erb’s palsy. Families may pursue medical malpractice claims if they believe that the injury was caused by preventable mistakes during the childbirth process.

Physicians should be aware of situations where Erb’s palsy is a risk and should order emergency C-sections when necessary to protect the baby from harm.

Erb’s Palsy Support & Resources

Families affected by Erb’s palsy in San Antonio can access a variety of resources and support networks to help navigate the challenges associated with this condition. The community is rich with organizations and support groups dedicated to offering assistance through emotional support, therapy options, or financial guidance.

Local hospitals and medical centers often host workshops and seminars on managing brachial plexus injuries, providing valuable information on the latest therapies and interventions. Additionally, specialized physical therapy programs tailored to children with Erb’s palsy are available to aid recovery and maximize potential outcomes. Families can benefit from connecting with local advocacy groups that provide support and work towards raising awareness and improving medical practices to prevent future cases.

Let a Compassionate Team Fight for You

Seek justice after the devastating effects of medical malpractice. Our firm has been recognized throughout Texas for our personal injury representation. We know what it takes to tackle even the most complicated of cases. You can count on our San Antonio Erb’s palsy lawyers to handle your case with care, compassion, and competence.

At Maloney Law Group, P.L.L.C., we believe in empowering our clients by keeping them informed every step of the way. Our dedication to understanding each family's unique needs allows us to develop customized strategies tailored to achieving favorable outcomes. By working closely with local medical experts and leveraging comprehensive resources, we strengthen our approach to securing justice and compensation for affected families. Choosing the right legal representation can make a significant difference in navigating the complexities of a medical malpractice claim.

Frequently Asked Questions About Erb’s Palsy

What Compensation Can Be Sought in Erb’s Palsy Cases?

Compensation in Erb’s palsy cases can vary based on several factors, including the severity of the injury and the circumstances surrounding the medical negligence. Families may be entitled to several types of compensation to address the holistic impact of the injury. This includes costs related to medical treatment, such as surgeries, physical therapy, and any assistive devices required. Additionally, compensation can cover future medical expenses as the child grows and requires ongoing care.

Beyond immediate medical costs, families can also seek compensation for pain and suffering, accounting for the emotional and physical toll the injury has on both the child and their family. In cases where the injury impacts the child’s potential earning capacity in the future, compensation may also include potential lost wages. Engaging an experienced Erb’s palsy attorney in San Antonio can provide a more accurate assessment of potential compensation and guide families through the legal process to secure the justice they deserve.

How Does Texas Law Impact Erb’s Palsy Cases?

Texas law significantly affects how Erb’s palsy cases are managed and pursued. Understanding these laws can be crucial for families considering a legal approach. The statute of limitations in Texas generally requires medical malpractice claims to be filed within two years from the date of the injury. However, exceptions might be applicable in specific scenarios, such as cases involving minors. This makes timely legal consultation imperative to preserve the right to compensation.

Texas follows a modified comparative negligence rule, meaning the compensation can be affected by the degree of fault attributed to the parties involved. Therefore, thoroughly documenting the circumstances leading to the injury is critical. Legal representatives can help navigate these complexities, building a strong case highlighting negligence and the subsequent impact on the victim’s life. A knowledgeable San Antonio attorney can effectively represent your interests, ensuring compliance with state laws and maximizing your chances of a favorable outcome.

What Are Common Symptoms of Erb’s Palsy?

Recognizing the symptoms of Erb’s palsy is a crucial step for parents in obtaining early intervention and treatment. This condition is often characterized by a lack of movement in the affected arm, which may appear limp or paralyzed. Common symptoms include a weak grip on the affected side, difficulty in arm and shoulder movement, and a noticeable difference in posture between the two arms. Some children may also experience recurrent pain or discomfort in the injured area.

In many cases, symptoms are apparent immediately following birth, while in other instances, they may become more evident as the child develops motor skills that the condition impedes. Parents observing these symptoms should seek medical evaluation from a qualified healthcare professional who can confirm the diagnosis and recommend appropriate treatment options. Early physical therapy is often beneficial, helping to enhance mobility and prevent permanent disability. Awareness and prompt action can significantly influence long-term outcomes for children with Erb’s palsy.

Is Surgery Always Required for Erb’s Palsy?

While surgical intervention is an option for treating Erb’s palsy, it is not always necessary. The decision largely depends on the severity of the nerve injury and the child’s response to early treatments such as physical and occupational therapy. Many children show significant improvement with non-surgical methods, especially when therapy begins shortly after birth. These therapies focus on strengthening the muscles and improving joint movement to alleviate impairment.

For more severe injuries, surgical options might be considered. Procedures can involve nerve grafting or decompression to restore function and reduce symptoms. Parents must consult with a specialist to understand the full range of treatment options and their potential risks and benefits. An individualized treatment plan can be developed based on the child’s specific needs, ensuring the best possible outcome and enhancing the child's quality of life.