Erb’s palsy caused by medical malpractice can be catastrophic and life-altering for both babies and their families. Parents rely on obstetricians, midwives, and labor-and-delivery teams to safely manage shoulder dystocia and other delivery complications so that avoidable nerve injuries do not occur. When malpractice leads to Erb’s palsy, children may suffer weakness or paralysis of the shoulder and arm, loss of function, need for surgery or long-term therapy, and permanent disability.
Erb’s palsy–related malpractice can arise in hospitals, labor-and-delivery units, and birth centers throughout Texas, including Houston, Dallas, Fort Worth, Austin, San Antonio, El Paso, and surrounding communities. Serious brachial plexus injuries are often attributed to the baby’s size or “unavoidable” complications of birth, when a closer examination reveals that substandard obstetric technique, excessive traction, or delayed response to shoulder dystocia played a significant role in the outcome.
Uncovering the Truth
Medical malpractice leading to Erb’s palsy may occur at any point during prenatal care, labor, or delivery. Common forms of negligence include failure to recognize risk factors for shoulder dystocia (such as suspected fetal macrosomia, maternal diabetes, or a history of shoulder dystocia), failure to consider timely cesarean delivery when indicated, and improper management of shoulder dystocia during vaginal delivery.
Erb’s palsy can also result from the improper use of downward traction on the baby’s head and neck, incorrect use of delivery maneuvers, excessive force with forceps or vacuum devices, or failure to promptly and correctly employ recognized techniques to relieve shoulder dystocia. Babies may experience stretching or tearing of the brachial plexus nerves, leading to weakness or paralysis of the arm and shoulder, when safer delivery methods were available but not used.
Families are frequently told that the brachial plexus injury was unavoidable due to the baby’s position or size, when a detailed review of the obstetric care reveals missed opportunities for earlier intervention, improper delivery technique, or departures from accepted standards for managing shoulder dystocia and highrisk deliveries.
We conduct a comprehensive review of prenatal records, labor-and-delivery notes, fetal monitoring strips, documentation of the delivery sequence and maneuvers used, operative reports, neonatal records, and applicable hospital policies and protocols. We work closely with qualified obstetric, maternal-fetal medicine, and pediatric neurology experts to determine whether malpractice occurred and whether it caused or contributed to the child’s Erb’s palsy.
Our goal is to uncover exactly how the Erb’s palsy–related malpractice occurred, identify all responsible providers and entities, and provide families throughout Texas with clear, honest answers about what happened and whether the harm could have been prevented.
Holding Texas Healthcare Providers Accountable
Texas law allows families to pursue compensation when injuries or disability are caused by medical malpractice that leads to Erb’s palsy. Depending on the circumstances, responsible parties may include obstetricians, family physicians providing obstetric care, certified nursemidwives, labor-and-delivery nurses, hospitals, birth centers, or healthcare systems involved in providing substandard care anywhere in Texas.
We work carefully to establish the connection between negligent prenatal risk assessment or delivery management and the resulting brachial plexus injury. These cases often require detailed analysis of prenatal risk factors, decisions about induction or cesarean delivery, the sequence and type of maneuvers used during shoulder dystocia, the amount and direction of traction applied, and the timing and thoroughness of the response to complications during birth.
Each case is prepared with the expectation that it will be closely examined by insurance carriers, defense counsel, and the courts, while ensuring full compliance with Texas medical malpractice and healthcare liability requirements, including expert review standards and procedural deadlines.
Preventing Other Erb’s Palsy Injuries in Texas
Although legal action cannot reverse the damage caused by Erb’s palsy, it can play an important role in protecting future mothers and babies across Texas. Cases involving brachial plexus injuries frequently reveal systemic problems such as inadequate training in shoulder dystocia management, failure to identify highrisk pregnancies, poor communication in the delivery room, and failures to follow established obstetric protocols and guidelines.
By holding providers and institutions accountable for malpractice that leads to Erb’s palsy, these cases can promote improved prenatal risk assessment, better planning for highrisk deliveries, safer traction and maneuver techniques, more effective team communication during obstetric emergencies, and stronger safeguards designed to reduce preventable birthrelated nerve injuries for families in Houston, Dallas–Fort Worth, Austin, San Antonio, and throughout Texas.
Speak With a Texas Erb’s Palsy Malpractice Attorney
If you believe your child has suffered Erb’s palsy due to medical malpractice anywhere in Texas—including injuries associated with shoulder dystocia, difficult vaginal delivery, excessive traction during birth, need for nerve surgery, permanent weakness, or disability—you may have the right to pursue a claim. Our practice is intentionally limited to representing Texas patients and families affected by preventable medical malpractice, providing thorough investigation, clear guidance, and determined legal advocacy focused on accountability and answers.
Consultations are confidential, and cases are handled on a contingency fee basis, meaning no attorney’s fees are owed unless compensation is recovered. Contact our office today to discuss your child’s situation and learn more about your legal options under Texas medical malpractice law.
This website provides general information and does not constitute legal advice. Past results do not guarantee future outcomes.