A diagnosis of Erb’s palsy can turn a time of joy into one of fear and uncertainty. Seeing your newborn unable to move their arm, and learning they may need years of therapy or even surgery, is a heavy burden for any parent to bear. Erb’s Palsy families are often told that this injury a type of nerve damage affecting the arm was an unfortunate but unavoidable complication of a difficult birth.

However, the reality is that many cases of Erb’s palsy are preventable and are the direct result of medical negligence. When a doctor or midwife fails to follow the proper procedures during a challenging delivery, they can cause a permanent, life-altering injury.

At CP Family Help, we believe that Erb’s Palsy families deserve to know the truth about what happened in the delivery room. You have legal rights and options. This guide will walk you through eight key legal options that a specialized birth injury lawyer can help you pursue to secure justice and the financial support your child needs to thrive.

Understanding Erb’s Palsy and Medical Negligence

Erb’s palsy is an injury to the brachial plexus, a network of nerves near the neck that controls all movement and sensation in the shoulder, arm, and hand. This injury most often occurs during childbirth when the baby’s shoulder becomes stuck behind the mother’s pelvic bone—a complication known as shoulder dystocia.

The medical “standard of care” provides clear, established protocols for how to handle shoulder dystocia. These involve specific, gentle maneuvers (like the McRoberts maneuver) to free the shoulder without harming the baby. Negligence occurs when a medical professional panics or deviates from this standard by:

  • Applying excessive force or traction to the baby’s head and neck.
  • Improperly using forceps or a vacuum extractor.
  • Failing to perform the correct maneuvers in a timely fashion.

This pulling and stretching can tear the brachial plexus nerves, causing Erb’s palsy. Proving that this deviation from the standard of care occurred is the foundation of a successful legal claim.

8 Legal and Financial Options for Erb’s Palsy Families

If you suspect your child’s injury was preventable, you have a path forward. Here are eight options a lawyer can help you navigate.

1. Obtain a Free, Confidential Case Evaluation

The first step is always to understand if you have a potential case. An experienced birth injury law firm will offer a free, no-obligation case evaluation. You can share your story, and a legal professional will provide an initial assessment of the situation. This is a risk-free way to get answers and learn about your rights.

2. Launch a Full Investigation into the Birth Injury

If the initial evaluation suggests negligence may have occurred, the next step is a deep dive into the facts. Your lawyer will launch a full investigation, obtaining and meticulously reviewing all medical records for both mother and child. This includes prenatal records, detailed labor and delivery notes, fetal heart monitoring strips, and pediatric records. This process is designed to uncover the truth about what really happened during the delivery.

3. Hire Medical Experts to Prove Negligence

Proving medical malpractice requires more than just a lawyer’s opinion. Your attorney will retain highly qualified, independent medical experts such as obstetricians, neurologists, and labor and delivery nurses to review your case. These experts will provide crucial testimony to establish what the standard of care was in your specific situation and how your medical team’s actions fell below that standard, directly causing the Erb’s palsy.

4. File a Medical Malpractice Lawsuit

Filing a formal lawsuit is the legal step that officially begins the litigation process. This action names the negligent parties (which can include the doctor, hospital, and other staff) as defendants. Filing a lawsuit is a powerful step that compels the defendants and their powerful insurance companies to take your claim seriously and respond.

5. Negotiate for a Financial Settlement

The overwhelming majority of birth injury cases do not go to trial. Instead, they are resolved through a negotiated settlement. A skilled lawyer builds such a strong, evidence-backed case that it becomes clear to the defense that they are likely to lose at trial. This leverage forces their insurance company to the negotiating table to agree on a fair financial settlement that covers your child’s needs.

6. Create a Life Care Plan to Calculate Future Costs

How much is a fair settlement? This question is answered by a Life Care Plan. Your legal team will work with a specialist to create a comprehensive, detailed document that outlines every single anticipated cost related to your child’s Erb’s palsy over their entire lifetime. This includes costs for surgeries, physical and occupational therapy, assistive devices, special educational needs, and even potential lost future wages. This plan is the basis for demanding a specific settlement amount.

7. Establish a Special Needs Trust

Receiving a large settlement can, ironically, jeopardize a child’s eligibility for essential government benefits like Medicaid and Supplemental Security Income (SSI). A lawyer can help Erb’s Palsy families avoid this by establishing a Special Needs Trust. The settlement funds are placed into this trust, where they can be used to pay for the child’s care without counting as an asset that would disqualify them from these vital programs.

8. Proceed to Trial if a Fair Settlement Isn’t Offered

While a settlement is often the preferred outcome, the ultimate goal is justice for your child. If the defendants’ insurance company refuses to offer a settlement that fully and fairly covers the costs outlined in the Life Care Plan, a dedicated law firm must be ready and willing to go to trial. Having a team of experienced trial lawyers on your side is your family’s ultimate protection.

Frequently Asked Questions from Erb’s Palsy Families

My child’s doctor said the injury was a “known risk” of delivery. Do we still have a case?

Yes. While shoulder dystocia is a known risk, there is a known standard of care for managing it safely. An injury resulting from a doctor’s failure to follow that standard is not just a “risk” it’s negligence. A thorough investigation can determine if the proper procedures were used.

How much compensation can we expect from an Erb’s palsy lawsuit?

The amount of compensation varies greatly depending on the severity of the injury and the projected lifetime costs of care. A settlement for a mild case requiring some therapy will be very different from a case involving permanent paralysis and multiple surgeries. A Life Care Plan is created to calculate this amount accurately.

Will we have to pay legal fees if we don’t win the case?

Reputable birth injury firms, including CP Family Help, work on a contingency fee basis. This means we cover all the upfront costs of the investigation and lawsuit. We only receive a fee if we successfully win a settlement or verdict for you.

How CP Family Help Empowers Families

At CP Family Help, we are dedicated to supporting Erb’s Palsy families. We understand the medicine behind the injury and the legal strategies required to hold negligent medical professionals accountable. We take on the legal burden so you can focus on what is most important: your child’s health and well-being.

Contact us today for a free, confidential consultation. Let us listen to your story and help you explore your legal options to secure the future your child deserves.