When your newborn is diagnosed with Erb’s Palsy, you are told it’s an injury to the nerves in their arm, often after a difficult delivery. Your doctor may call it an “unavoidable complication.” But what they may not tell you is that Erb’s Palsy is frequently a preventable birth injury caused by a medical professional’s actions during delivery.
This condition, a type of brachial plexus injury, can leave a child with lifelong weakness, paralysis, or lack of development in the affected arm. When this is caused by a medical mistake, your family has the right to seek justice and compensation. An experienced Erb’s Palsy lawyer is the only one who can help you uncover the truth and secure your child’s future.
At CP Family Help, we have seen firsthand how devastating this injury can be. We have also seen how a successful legal claim can provide a child with the resources for a lifetime of care. Our mission is to hold negligent medical providers accountable and deliver justice for your family.
How Does Medical Malpractice Cause Erb’s Palsy?
Erb’s Palsy is most often caused when a baby’s shoulder gets stuck behind the mother’s pelvic bone during delivery, a complication known as shoulder dystocia. This is a medical emergency, but there are established, safe maneuvers to free the baby.
Medical negligence occurs when a doctor, midwife, or nurse panics or fails to follow these procedures. Instead, they apply excessive force or traction, pulling and twisting the baby’s head and neck. This stretches the brachial plexus nerves the network of nerves running from the spinal cord to the shoulder, arm, and hand to the breaking point, causing Erb’s Palsy. An Erb’s Palsy lawyer investigates to prove this is what happened.
5 Instances Where a Lawyer Helped Families with Erb’s Palsy Claims
The value of a lawyer is best understood through real-world situations. Below are five common instances where our legal team has made a critical difference for families navigating an Erb’s Palsy claim.
Instance 1: Proving a “No-Fault” Injury Was Caused by Excessive Force
A family was told their son’s limp arm was an unavoidable complication of a tough delivery. The hospital’s records were vague. The family contacted us, and our Erb’s Palsy lawyer immediately hired leading obstetricians and neurologists to review the case. The experts concluded that the severity of the nerve damage (an avulsion, where the nerve is torn from the spine) could not have occurred without significant, improper pulling on the baby’s head. By using expert testimony, we proved the injury was not a “no-fault” event but the result of negligence, securing a settlement to cover the child’s future surgeries.
Instance 2: Uncovering a Failure to Perform a Timely C-Section
A mother with known risk factors for a large baby (gestational diabetes and a previous large baby) was allowed to proceed with a vaginal delivery. Her baby experienced severe shoulder dystocia, resulting in Erb’s Palsy. The hospital claimed they did everything they could. Our legal team showed that the risk factors were clear and that the choice to not offer or perform a planned C-section was a breach of the standard of care. We proved that the entire traumatic delivery could have been avoided, holding the hospital accountable for their poor judgment.
Instance 3: Reconstructing Events from Incomplete Medical Records
In one case, a family’s medical records had suspicious gaps. The delivery notes about the maneuvers used to resolve the shoulder dystocia were sparse and seemed to be written long after the event. An Erb’s Palsy lawyer from our team, working with a medical expert, was able to show that the notes were inconsistent with the timeline of events. This suggested an attempt to cover up what really happened. This discovery put immense pressure on the hospital’s insurance company, leading to a substantial settlement for the family.
Instance 4: Calculating the True, Lifelong Costs of the Injury
A family was offered a small, quick settlement from the hospital’s insurer, meant to cover the initial costs of their daughter’s therapy. They were tempted to accept it. Fortunately, they called us first. We brought in a life care planning expert who created a comprehensive, 50-page report detailing every future need: multiple nerve graft surgeries, years of physical and occupational therapy, special adaptive equipment for school, and compensation for the child’s diminished future earning capacity. The final, negotiated settlement was more than 20 times the original offer.
Instance 5: Pursuing a Claim for a “Mild” Injury That Didn’t Heal
A child was diagnosed with a mild form of Erb’s Palsy, and the family was told he would likely recover fully within a year. When he was three years old, he still had significant weakness and couldn’t fully raise his arm. The family felt they had waited too long. They contacted us, and we were able to file a claim within the Statute of Limitations for a minor. We proved that even a “mild” injury can have permanent consequences, securing the funds needed for ongoing therapy and future medical needs.
Frequently Asked Questions (FAQ)
We understand you have questions about your rights and options. Here are answers to some common concerns.
The doctor said shoulder dystocia is a known risk. Can I still file a lawsuit?
Yes. Shoulder dystocia may be a known risk, but Erb’s Palsy is not. There are safe and effective ways to manage shoulder dystocia without injuring the baby. A lawsuit alleges that the response to the complication was negligent and that this response is what caused the injury.
How much does it cost to hire an Erb’s Palsy lawyer?
Our firm works on a contingency fee basis. This means you pay absolutely no upfront fees. We cover all the costs of the investigation and litigation. We are only paid if we successfully recover financial compensation for you. If we don’t win your case, you owe us nothing.
My child’s injury seems to be improving. Should I still call a lawyer?
It is always wise to call. Some nerve injuries can appear to heal but leave behind long-term deficits in strength, coordination, and range of motion that only become apparent as the child grows. A free consultation can help you understand your options and protect your child’s future in case they do not make a full recovery.
Speak With an Erb’s Palsy Lawyer Today
If your child is living with Erb’s Palsy, you deserve to know what truly happened during their birth. You and your child should not have to carry the financial and emotional burden of a medical professional’s mistake alone.
The dedicated legal team at CP Family Help is here to provide the answers and advocacy you need. We have the experience and resources to take on the biggest hospitals and insurance companies. Contact us today for a free, confidential case evaluation.
