Austin Erb's Palsy Attorney

What is Considered Erb’s Palsy?

Erb’s palsy occurs when the network of nerves in a newborn’s shoulder—known as the brachial plexus—is damaged during delivery. This injury often results from excessive pulling or stretching of the infant’s shoulder during childbirth, commonly in cases of difficult deliveries or shoulder dystocia.

Symptoms of Erb’s palsy may include:

• Weakness or inability to move the affected arm
• Limited range of motion in the shoulder or arm
• Loss of sensation in the arm or hand
• Muscle atrophy or abnormal positioning of the arm

The severity of the condition can vary. Some children experience temporary weakness, while others face permanent impairment requiring ongoing medical care, physical therapy, or surgical interventions. When Erb’s palsy results from preventable medical errors, the affected family may have grounds to pursue a legal claim.

What Damages Could Be Recovered in an Erb’s Palsy Claim?

Families pursuing an Erb’s palsy claim could be entitled to several types of damages, depending on the circumstances of the injury and its impact on the child’s life. These damages may include:

• Medical Expenses: Costs for surgeries, physical therapy, medications, and specialized care associated with treating Erb’s palsy.
• Future Medical Costs: Compensation for ongoing treatment and long-term care needs that may arise as the child grows.
• Pain and Suffering: Recovery for the physical and emotional pain endured by the child because of the injury.
• Loss of Enjoyment of Life: Compensation for limitations on the child’s ability to partake in everyday activities or reach developmental milestones.
• Loss of Earning Capacity: In severe instances where the injury impacts future employment opportunities, families may seek damages for reduced earning potential.
• Emotional Distress: For parents and family members coping with the long-term consequences of the injury.

Determining the appropriate damages requires careful documentation of medical records, expert testimony, and detailed evaluation of the child’s needs both now and in the future.

What is the Statute of Limitations for an Erb’s Palsy Claim in Texas?

In the state of Texas, the statute of limitations for medical malpractice lawsuits, which include those involving Erb’s palsy, is generally two years from the date the injury was, or should have been, discovered. For birth injuries, this period typically begins when the parents become aware of the injury and its possible connection to medical negligence.

Texas also has a statute of repose, which generally bars filing a medical malpractice claim within ten years of the alleged negligent act, regardless of when the injury was discovered. Navigating these time limits is critical to preserving legal rights, making prompt consultation with an experienced attorney essential.