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San Antonio, TX

Erb’s Palsy Attorney in San Antonio

Birth Injury Representation for Families Since 1986

When a newborn shows weakness, limited movement, or loss of sensation after delivery, parents need answers about what happened and what care their child may require. Erb’s palsy involves damage to the brachial plexus, the network of nerves that controls movement and sensation in the shoulder, arm, and hand.

A diagnosis alone doesn’t establish medical negligence. At Kemmy Law Firm, P.C., we investigate whether a healthcare provider departed from the applicable standard of care and caused the injury. We’ve represented injured people and families since 1986, and we prepare every case thoroughly for trial.

Speak with our San Antonio Erb’s palsy attorneys about your child’s diagnosis and delivery history. Call (830) 264-6297 to request a free consultation.

What an Erb’s Palsy Claim Must Establish

An investigation must connect the nerve injury to the medical decisions and events surrounding the birth. Shoulder dystocia, which occurs when a baby’s shoulder becomes lodged after the head is delivered, may be relevant, but the full medical history must be considered.

Important questions may include:

  • How labor progressed and whether warning signs changed the delivery plan.
  • Whether shoulder dystocia or another complication occurred.
  • What delivery maneuvers, positioning, or traction were used.
  • Whether fetal distress was recognized and addressed.
  • Whether the child’s condition is consistent with an event during delivery.

Our coordinated personal injury team reviews fetal monitoring, delivery notes, imaging, therapy records, and physician opinions. This evidence can clarify what caused the injury, whether the care met the applicable standard, and what medical needs the child may face.

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The Kemmy Difference

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. 

Hear How We've Made A Difference

Family-Centered Guidance Backed by Trial Preparation

We’re a multigenerational firm with a Texas legal tradition extending back to 1950. That perspective shapes how we work with parents facing an emotionally and medically complex case. We communicate clearly, answer questions directly, and respect what each family is managing.

Our Erb’s palsy attorneys include former prosecutors with substantial courtroom experience. We explain each stage, provide regular updates, and remain available for questions while preparing the claim for negotiation or trial.

Frequently Asked Questions About Wernicke-Korsakoff Syndrome & Filing a Claim

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 830-264-6297 today!

  • How Is Wernicke’s Encephalopathy Different from Wernicke’s Aphasia?

    Wernicke’s Encephalopathy and Wernicke’s Aphasia are often confused due to similar names, but they are entirely different conditions.

    • Wernicke’s Encephalopathy is a medical emergency caused by a thiamine deficiency. It affects coordination, vision, and mental clarity, and can progress to Korsakoff’s Psychosis if untreated. This is the condition at the center of most WKS-related malpractice claims.
    • Wernicke’s Aphasia, on the other hand, is a language disorder that typically results from a stroke or brain injury in the left temporal lobe. It affects comprehension and speech but is not related to vitamin deficiency or nutritional neglect.

    If you’re looking into legal options related to a missed or delayed diagnosis, Wernicke’s Encephalopathy is the condition relevant to malpractice claims, especially if it occurred during hospitalization, surgery recovery, or inpatient care.

  • Are Pregnant Women at Risk of WKS?

    Yes, pregnant women can be at risk of developing Wernicke-Korsakoff Syndrome (WKS), particularly if they experience severe and prolonged vomiting, a condition known as hyperemesis gravidarum. This condition can lead to significant nutritional deficiencies, including a lack of thiamine (vitamin B1), which is essential for brain and nervous system function.

    Pregnancy makes women prone to developing WKS because of:

    • Hyperemesis Gravidarum – Excessive vomiting during pregnancy can deplete the body’s thiamine stores and prevent proper nutrient absorption.
    • Inadequate Nutritional Intake – If a pregnant woman is unable to eat or drink adequately due to nausea, her thiamine levels may drop dangerously low.
    • Delayed Diagnosis: Symptoms of WKS, such as confusion or loss of coordination, may be misattributed to other pregnancy-related conditions, delaying critical treatment.

    Healthcare providers should closely monitor pregnant women with severe vomiting or malnutrition and provide thiamine supplementation as needed. Early intervention is key to preventing the progression of WKS and protecting both the mother and baby.

  • Is There a Specific Group of People at Risk for Wernicke’s?

    Certain individuals face a higher risk of developing Wernicke-Korsakoff Syndrome, particularly those with conditions or circumstances that interfere with thiamine absorption or intake.

    These groups include:

    • Patients undergoing bariatric surgery
    • Individuals with chronic alcoholism
    • People with prolonged malnutrition or eating disorders
    • Patients with gastrointestinal disorders like Crohn’s disease or celiac disease
    • Those undergoing chemotherapy or prolonged intravenous feeding without proper supplementation

    Doctors have an obligation to monitor these high-risk individuals closely and act quickly at the first signs of deficiency.

How We Investigate an Erb’s Palsy Case

Evaluating a potential claim requires examining both the delivery and the injury’s long-term effects. We begin by listening to the family’s account, identifying the healthcare providers involved, and determining which records need review.

An investigation may involve:

  • Record collection: We obtain relevant prenatal, labor, delivery, neonatal, diagnostic, therapy, and surgical records.
  • Causation analysis: Medical review considers whether the injury is consistent with excessive traction, delayed intervention, improper positioning, shoulder dystocia, or another delivery event.
  • Needs assessment: We evaluate treatment, rehabilitation, functional limitations, assistive equipment, and long-term care requirements.
  • Claim preparation: We identify the parties involved, apply Texas medical liability procedures, and prepare the evidence for negotiation or litigation.

As the investigation develops, we explain what the evidence shows, provide straightforward assessments, and keep the family informed about the next steps.

  • $20 MILLION Oil and gas case involving significant economic harm
  • $4 MILLION Oil royalty payments recovered after they were paid out to the wrong party
  • $2.5 MILLION Wyoming oil field worker suffers catastrophic harm after fall from oil rig
  • $2.5 MILLION West Texas oil field worker suffers finger amputations
  • $2.2 MILLION Oil refinery injury ends Louisiana man's career

How Erb’s Palsy Differs From Related Birth Injuries

Erb’s palsy is a type of brachial plexus injury, but related diagnoses aren’t interchangeable. Cerebral palsy, other forms of birth trauma, and injuries associated with shoulder dystocia may affect different nerves and involve distinct symptoms, causes, and medical evidence.

Our medical malpractice practice includes birth injury matters involving hospital care, delivery decisions, and healthcare provider conduct. Identifying the child’s specific condition helps determine which records, events, and medical questions require closer review.

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.

Potentially Responsible Parties in an Erb’s Palsy Claim

Depending on the evidence, a claim may involve a physician, nurse, midwife, hospital, healthcare system, or another party responsible for labor and delivery care. Liability depends on each party’s role and whether the care fell below the standard expected under the circumstances.

A medical malpractice claim generally requires proof of a duty, a breach of the applicable standard of care, causation, and damages. Our Erb’s palsy attorneys work as a coordinated team to compare the records and testimony with the precautions and responses that the circumstances required.

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Compensation for Treatment and Long-Term Care

A claim may account for far more than immediate hospital bills. Depending on the evidence and Texas law, recoverable damages may include physical or occupational therapy, surgery, medication, assistive devices, rehabilitation, pain, functional limitations, caregiving, and future medical care.

The evaluation may also consider how the injury affects the child’s education, future activities, and earning capacity. Our firm has recovered more than $200 million for clients across a range of injury lawsuits, including catastrophic injury matters. The damages available in any individual case depend on its facts, the child’s prognosis, and the parties legally responsible.

Frequently Asked Questions About Wernicke-Korsakoff Syndrome & Filing a Claim

Comprehensive Information for Victims of Wernicke-Korsakoff Syndrome Misdiagnoses

Wernicke-Korsakoff Syndrome (WKS) is a serious and potentially life-altering neurological condition caused by a deficiency in thiamine (vitamin B1). It can arise from various medical and lifestyle factors, but the consequences can be catastrophic when healthcare professionals fail to diagnose or treat the condition in time. Our Wernicke-Korsakoff Syndrome lawyers provide detailed, compassionate guidance for individuals and families impacted by WKS due to medical negligence. If you suspect that misdiagnosis or delayed treatment led to worsening WKS symptoms for you or a loved one, Kemmy Law Firm, P.C. is here to help.

  • How Is Wernicke’s Encephalopathy Different from Wernicke’s Aphasia?

    Wernicke’s Encephalopathy and Wernicke’s Aphasia are often confused due to similar names, but they are entirely different conditions.

    • Wernicke’s Encephalopathy is a medical emergency caused by a thiamine deficiency. It affects coordination, vision, and mental clarity, and can progress to Korsakoff’s Psychosis if untreated. This is the condition at the center of most WKS-related malpractice claims.
    • Wernicke’s Aphasia, on the other hand, is a language disorder that typically results from a stroke or brain injury in the left temporal lobe. It affects comprehension and speech but is not related to vitamin deficiency or nutritional neglect.

    If you’re looking into legal options related to a missed or delayed diagnosis, Wernicke’s Encephalopathy is the condition relevant to malpractice claims, especially if it occurred during hospitalization, surgery recovery, or inpatient care.

  • Are Pregnant Women at Risk of WKS?

    Yes, pregnant women can be at risk of developing Wernicke-Korsakoff Syndrome (WKS), particularly if they experience severe and prolonged vomiting, a condition known as hyperemesis gravidarum. This condition can lead to significant nutritional deficiencies, including a lack of thiamine (vitamin B1), which is essential for brain and nervous system function.

    Pregnancy makes women prone to developing WKS because of:

    • Hyperemesis Gravidarum – Excessive vomiting during pregnancy can deplete the body’s thiamine stores and prevent proper nutrient absorption.
    • Inadequate Nutritional Intake – If a pregnant woman is unable to eat or drink adequately due to nausea, her thiamine levels may drop dangerously low.
    • Delayed Diagnosis: Symptoms of WKS, such as confusion or loss of coordination, may be misattributed to other pregnancy-related conditions, delaying critical treatment.

    Healthcare providers should closely monitor pregnant women with severe vomiting or malnutrition and provide thiamine supplementation as needed. Early intervention is key to preventing the progression of WKS and protecting both the mother and baby.

  • Is There a Specific Group of People at Risk for Wernicke’s?

    Certain individuals face a higher risk of developing Wernicke-Korsakoff Syndrome, particularly those with conditions or circumstances that interfere with thiamine absorption or intake.

    These groups include:

    • Patients undergoing bariatric surgery
    • Individuals with chronic alcoholism
    • People with prolonged malnutrition or eating disorders
    • Patients with gastrointestinal disorders like Crohn’s disease or celiac disease
    • Those undergoing chemotherapy or prolonged intravenous feeding without proper supplementation

    Doctors have an obligation to monitor these high-risk individuals closely and act quickly at the first signs of deficiency.

Clear Answers From a Responsive Legal Team

Parents deserve honest guidance without feeling rushed or uncertain about their case. We return calls, provide frequent updates, explain complex issues in understandable terms, and give candid assessments of the evidence. Client testimonials describe the personal attention, empathy, and meaningful assistance we’ve provided during difficult injury matters.

Tom Kemmy is a board-certified personal injury trial lawyer. He and our attorneys bring careful preparation and a trial-focused perspective to serious injury litigation while treating clients with dignity and compassion.

Discuss Your Child’s Diagnosis and Delivery

A consultation can clarify which records matter, what medical questions require review, and whether further investigation is appropriate. Contacting us doesn’t assume that negligence occurred or commit you to pursuing a claim.

We serve clients throughout Texas and New Mexico, including San Antonio and Bexar County. Our team communicates by phone and email, provides regular updates, and explains each step of the legal process.

Call (830) 264-6297 or contact us to discuss your child’s injury with an Erb’s palsy attorney in San Antonio.

  • "They made a significant recovery for me."

    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.

    - Anna O.
  • "I would recommend the Kemmy Law Firm 100 times out of 100."

    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.

    - Iaz P.
  • "I wholeheartedly endorse Kemmy Law without reservation."
    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.
  • "Not only were they my lawyers they became like family."
    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
    - Jeremiah L.
  • "Showed a deep understanding of my personal situation and demonstrated empathy."

    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 .

    - Jim P.
  • "Nick was very open and transparent."

    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.

    - Richard G.
  • "They were so patient and explained everything in detail."

    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.

    - Dora M.
  • "Very easy to talk to, sincerely cared about my situation."
    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!!!
    - Holly O.

    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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    • By submitting, you agree to receive text messages from Kemmy Law Firm, P.C. at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy