The severity of Erb’s palsy can dictate harm suffered

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
August 4, 2023

Newborn babies are extremely fragile. It’s pretty amazing, then, that so many of them are born safe and healthy. One reason for this is because competent medical professionals are usually able to guide women through the birthing process in a way that ensures both the mother and child’s well-being. Sometimes, however, medical professionals make errors that can cause serious injuries.
One of these injuries is Erb’s palsy. This condition, which is found in less than 1 percent of all newborn children, occurs when the shoulder and neck are pulled in opposite directions, causing damage to the brachial plexus nerves. This can result in a child’s difficulty moving the upper extremities. Although most cases of Erb’s palsy resolve on their own or with minimal medical intervention, some forms are much more serious.
For example, one form of Erb’s palsy involves the rupture of a nerve, which means the nerve is torn. This type of injury cannot heal on its own and requires surgical intervention. An avulsion with regard to Erb’s palsy means that the nerve is torn from the spinal cord. Much more extensive medical treatment is required to repair this harm. It often involves grafting from one nerve to repair the damaged one. These treatments can be expensive, but the condition can also cause extensive pain and suffering for the child.
Fortunately, birth injury victims may be able to recover compensation for their damages. This involves filing a medical malpractice lawsuit in which a victim must show that an errant medical professional failed to act in accordance with applicable medical standards, and that failure caused the victims injuries. If this is successfully shown, then liability may be imposed and compensation may be recovered. It isn’t an easy process, however, which is why many parents of birth injury victims turn to experienced medical malpractice attorneys.

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

August 4 2023

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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