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Erb's Palsy

Hobbs Erb’s Palsy Attorney

Compassionate Legal Support for Families Affected by Birth Injuries in Hobbs, NM

When a newborn suffers a preventable injury during birth, the consequences can last a lifetime. One such birth injury—Erb’s Palsy—often results from medical malpractice during delivery. Families in Hobbs facing this challenge deserve justice, accountability, and financial security to ensure their child receives proper care and therapy. At Kemmy Law Firm, P.C., our Hobbs Erb’s Palsy lawyers are committed to helping families understand their legal rights and pursue compensation when medical errors lead to this devastating condition.

Contact our Hobbs Erb’s Palsy lawyers today at (830) 264-6297 for a free consultation.

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We have a saying that goes "When you hire the Kemmy Law Firm, you don't just hire one lawyer, you hire a team of lawyers." Tom Kemmy is an award-winning and board certified personal injury lawyer who has been practicing injury law since 1986. His sons are experienced personal injury lawyers and former prosecutors that represented the State of Texas against murderers, thieves, drug traffickers, and violent criminals. We put our combined experience and knowledge in the pursuit of one goal, to win and obtain maximum justice for our client. 

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    What Is Erb’s Palsy?

    Erb’s Palsy, also known as brachial plexus birth palsy, is a type of nerve injury that affects the brachial plexus, the network of nerves controlling movement and sensation in the shoulder, arm, and hand. When these nerves are stretched, torn, or otherwise damaged—often during a difficult birth—the child may experience partial or total paralysis of the affected arm.

    Erb’s Palsy symptoms can range from mild weakness to severe, lifelong disability. Common signs include:

    • Limited movement in the arm or shoulder
    • Weak grip strength in the affected hand
    • Numbness or lack of sensation in the arm
    • Arm bent toward the body and inability to rotate outward
    • Delayed motor development in the affected limb

    While some infants recover fully with therapy and time, others may face permanent impairment requiring ongoing medical treatment, physical therapy, or even surgery.

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      Common Causes of Erb’s Palsy from Medical Malpractice

      In many cases, Erb’s Palsy occurs because a medical professional failed to follow proper standards of care during childbirth. When doctors, nurses, or hospital staff act negligently, a baby can sustain avoidable nerve damage. Common causes of Erb’s Palsy due to medical malpractice include:

      Excessive Force During Delivery

      When a baby’s shoulders become stuck behind the mother’s pelvic bone—a condition called shoulder dystocia—physicians must use specific, gentle techniques to deliver the child safely. Using excessive force with vacuum extractors, forceps, or manual pulling can stretch or tear the delicate brachial plexus nerves, causing Erb’s Palsy.

      Failure to Identify Risk Factors

      Certain conditions increase the risk of shoulder dystocia, including large birth weight, prolonged labor, breech presentation, or maternal diabetes. Medical professionals should recognize and prepare for these risks, often opting for a C-section when necessary. Failure to anticipate complications can lead directly to preventable injuries.

      Improper Delivery Techniques

      When doctors or nurses mishandle the baby’s head, shoulders, or arms during delivery, they can cause nerve trauma. Improper maneuvers or lack of training in emergency delivery procedures often contribute to these injuries.

      Delayed Decision-Making

      If labor is not progressing or fetal distress occurs, delays in performing a Cesarean section can increase the likelihood of complications like shoulder dystocia, ultimately resulting in Erb’s Palsy.

      When these or similar errors occur, they may constitute medical malpractice—meaning the provider failed to uphold an acceptable standard of care. Our Hobbs Erb’s Palsy lawyer from Kemmy Law Firm, P.C. can review your case, consult medical experts, and determine whether negligence contributed to your child’s injury.

      Short- & Long-Term Effects of Erb’s Palsy

      The severity of Erb’s Palsy can vary, but even mild cases can have lasting consequences for a child’s development and quality of life.

      Short-Term Effects

      In the early months, children with Erb’s Palsy may experience:

      • Weakness or limpness in the affected arm
      • Difficulty grasping objects
      • Pain or discomfort in the shoulder or arm
      • Muscle imbalance leading to limited range of motion

      With early intervention, including physical therapy and occupational therapy, many infants recover partial or full function. However, the road to recovery can be long, emotionally taxing, and expensive.

      Long-Term Effects

      Severe cases of Erb’s Palsy can cause permanent nerve damage, resulting in:

      • Chronic pain or stiffness
      • Limited arm or shoulder mobility
      • Muscle atrophy (shrinking of muscle tissue)
      • Deformities or differences in arm length or strength
      • Ongoing emotional or social challenges due to physical limitations

      Children may require multiple surgeries, adaptive equipment, and continuous therapy into adolescence and adulthood. A successful medical malpractice claim can help cover medical expenses, therapy costs, future care needs, and non-economic damages such as pain and suffering.

      We Know the Stakes Trust Us To Make a Meaningful Difference

      All of our clients have families of their own. They are decent, hardworking people, and come to us with complex business issues or because their lives have been changed by a catastrophic injury.

      Erb’s Palsy FAQs

      Can Erb’s Palsy heal on its own?

      In mild cases, some infants regain full movement within a few months through therapy. However, severe nerve damage may require surgical intervention or long-term therapy.

      How long do I have to file an Erb’s Palsy claim in New Mexico?

      In New Mexico, medical malpractice claims generally must be filed within three years of the injury. However, exceptions may apply for minors. A qualified Hobbs Erb’s Palsy lawyer can help determine the specific deadline for your case.

      What compensation can I recover in an Erb’s Palsy case?

      You may be eligible for compensation covering medical expenses, therapy, rehabilitation, future care costs, lost income, and pain and suffering.

      Who can be held responsible for my child’s injury?

      Depending on the circumstances, liable parties may include doctors, nurses, midwives, or the hospital itself if improper procedures, lack of training, or negligence contributed to the injury.

      What if my child’s injury wasn’t diagnosed immediately?

      Erb’s Palsy is sometimes not recognized until weeks or months after birth. You can still pursue a claim if evidence shows the injury occurred during delivery due to medical negligence.

      How a Hobbs Erb’s Palsy Lawyer Can Help

      At Kemmy Law Firm, P.C., our team understands the financial and emotional burden Erb’s Palsy can place on your family. Our experienced attorneys can:

      • Investigate your case: We gather medical records, delivery notes, and expert opinions to determine how the injury occurred.
      • Establish negligence: We work with obstetric specialists to prove that your medical provider’s actions deviated from accepted medical standards.
      • Calculate damages: Our firm ensures all current and future costs are accounted for—including therapy, surgeries, equipment, and lost earning potential.
      • Negotiate or litigate: Whether through a settlement or trial, we fight tirelessly to secure the compensation your family deserves.

      We handle every case with compassion and confidentiality, offering free consultations and no upfront legal fees unless we recover compensation for you.

      Contact a Hobbs Erb’s Palsy Lawyer Today

      If your child has been diagnosed with Erb’s Palsy and you believe medical negligence played a role, you do not have to face this alone. At Kemmy Law Firm, P.C., we are dedicated to helping families in Hobbs and throughout New Mexico hold negligent providers accountable.

      Call (830) 264-6297 to speak directly with our Hobbs office.

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        My husband was injured in a workplace accident in 2022. The first law firm he went to looked at his case and turned it down. he had all but decided to give up when he called the Kemmy's. They took his case and ran with it. In the end, they made a significant recovery for me. I highly recommend the Kemmy Law Firm.

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        We could not be more satisfied with Kemmy Law Firm. They represented us, and especially my father with respect and efficiency and earned every bit of what the law allowed. This helped my mother more than I can articulate. I would recommend the Kemmy Law Firm 100 times out of 100.

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        Working with Tom and Nick Kemmy on my case was a far better experience than I expected going in. They were thoughtful and listened to what I had to say. It was also gratifying that Kemmy Law Firm is truly a family affair with the Dad, Thomas, four sons and a daughter in law, Nick's wife, working together. If you're looking for legal representation, I wholeheartedly endorse Kemmy Law without reservation.
        - Jerry G.
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        I honestly got to say Tom and Danny got to be two of the best attorneys in the state of Texas I was injured in the oilfield accident about 3 years ago and they fought for me in my case like some sharks hands down best attorneys out there not only were they my lawyers they became like family thanks Kemmy law firm
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        Ben Kemmy and his awesome staff showed a deep understanding of my personal situation and demonstrated empathy throughout the legal process. This helped me a great deal to get through this difficult time. I recommend Kemmy Law Firm to all who need the services .

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        Mr. Kemmy comes from good stock and was referred to us by one of the best. And if he's good enough for him to lay his reputation on the line, he's good enough for me. Nick was very open and transparent, and shared some of our frustrations. We were very please with him representing us. Thanks again Nick.

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        Everyone we worked with was amazing. They were so patient and explained everything in detail. They worked with my mom and then when she passed away the game plan changed and they made sure to explain everything. We were blessed to have them on our team. I would highly recommend them.

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        I was involved in an accident and was injurred. My co-worker recommended Seamus from Kemmy Law. I am so greatful that I followed through with the recommendation. He was very easy to talk to, sincerely cared about my situation, and kept me informed with the process, just all around amazing! Thank you Seamus!!!
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        Let Our Family Protect Yours

        When you work with us at Kemmy Law Firm, you are working with a family run firm with more than 50 years of combined experience.

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