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Erb’s palsy is a birth injury that can follow your child through every stage of life. It affects the brachial plexus, a network of nerves that runs from the spinal cord through the neck, shoulder, arm, and hand. When those nerves are stretched or torn during delivery, the result can be weakness, limited motion, or even paralysis in the affected arm. For Bensalem families dealing with this diagnosis, the first question is almost always the same: could this have been prevented? If the answer is yes, a Philadelphia personal injury lawyer at MyPhillyLawyer can help your family pursue the compensation your child deserves.
Table of Contents
- What Erb’s Palsy Is and How It Happens During Childbirth
- How Pennsylvania Medical Malpractice Law Applies to Bensalem Erb’s Palsy Cases
- Common Medical Errors That Cause Erb’s Palsy During Delivery
- What Damages Bensalem Families Can Recover in an Erb’s Palsy Claim
- Pennsylvania’s Filing Deadlines for Erb’s Palsy Lawsuits Involving Minors
- FAQs About Bensalem PA Erb’s Palsy Claims
What Erb’s Palsy Is and How It Happens During Childbirth
Erb’s palsy results from damage to the upper brachial plexus, specifically the C5 and C6 nerve roots, and sometimes C7. According to the National Institutes of Health, Erb’s palsy is the most common form of neonatal brachial plexus palsy, resulting primarily from traction injury to the upper brachial plexus involving the C5 to C6 nerve roots, with occasional extension to C7, producing characteristic upper-extremity weakness and functional impairment.
The injury almost always happens in the delivery room. Most cases occur during childbirth, often in association with shoulder dystocia and fetal macrosomia, although injury may also develop without recognized obstetric trauma. Shoulder dystocia is a complication where the baby’s shoulder becomes lodged behind the mother’s pubic bone. When a delivering physician applies excessive pulling force to free the baby, the brachial plexus nerves can be stretched, torn, or even avulsed from the spinal cord.
Erb’s palsy occurs in 0.9 to 2.6 per 1,000 live births, or nearly 12,000 cases per year. That number means thousands of families across the country, including right here in Bucks County, receive this diagnosis every year. Not every case is the result of negligence, but many are. Risk factors like fetal macrosomia (a larger-than-average baby), gestational diabetes, breech presentation, and a prior history of shoulder dystocia are all known warning signs. When a delivery team fails to recognize and respond to those warning signs, the consequences can follow a child for life.
The injury can range in severity. Depending on the severity of the injury, the paralysis can either resolve on its own over a period of months, require rehabilitative therapy, or surgery. For children who do not recover fully, the road ahead includes years of physical therapy, possible surgical intervention, and lifelong functional limitations. That is exactly the kind of harm that Pennsylvania law allows families to seek compensation for.
How Pennsylvania Medical Malpractice Law Applies to Bensalem Erb’s Palsy Cases
Pennsylvania medical malpractice law governs Erb’s palsy claims filed by Bensalem families. To succeed, four legal elements must be proven. Your legal team must establish that the doctor or medical provider owed your child a duty of care, that they breached that duty by deviating from accepted medical standards, that the breach directly caused your child’s injury, and that your family suffered real damages as a result.
Pennsylvania law adds one more layer. Pennsylvania law requires that medical malpractice claims be supported by a certificate of merit, meaning an attorney must certify that a licensed medical professional has reviewed the case and determined there is a reasonable basis to believe the defendant deviated from the accepted standard of care. Under Pennsylvania Rule of Civil Procedure 1042.3, this certificate must be filed within 60 days of the complaint. This requirement protects providers from baseless claims, but it also means your legal team must be prepared to build a medically grounded case from the very beginning.
Liability in Erb’s palsy cases can extend beyond the delivering physician. The relevant fault analysis apportions liability among potentially negligent parties: the obstetrician, the delivering hospital, the nursing staff, and any other healthcare providers involved in the labor and delivery. Under Pennsylvania’s comparative negligence statute, 42 Pa. C.S. § 7102, each defendant is held responsible for their proportionate share of fault. Because the injured party is a newborn, comparative fault arguments by the defense rarely apply to the child directly.
Bensalem sits in Bucks County, and birth injury cases filed here are typically heard in the Bucks County Court of Common Pleas. Cases involving federal questions or diversity jurisdiction could also be heard at the James A. Byrne U.S. Courthouse at 601 Market Street in Philadelphia, which serves as the home of the United States District Court for the Eastern District of Pennsylvania. Knowing which court applies to your case matters, and an experienced legal team can help you understand where and how to file.
Common Medical Errors That Cause Erb’s Palsy During Delivery
Not all Erb’s palsy cases involve negligence, but many do. The most common delivery-room errors that lead to brachial plexus injuries are well-documented in medical literature and in Pennsylvania courtrooms.
Excessive traction during delivery is the leading cause. Brachial plexus injuries, including Erb’s palsy, occur when a baby’s neck is stretched with excessive force during a difficult delivery. This often happens during shoulder dystocia, where the baby’s shoulder becomes stuck behind the mother’s pelvic bone. Malpractice occurs when a physician uses improper traction or fails to perform recognized maneuvers to safely dislodge the baby.
Failure to identify and respond to known risk factors is another major source of liability. If an OB/GYN ignores risk factors like gestational diabetes or a high fetal birth weight, known as macrosomia, and proceeds with a vaginal delivery instead of a C-section, they may be liable for the resulting nerve damage. A doctor who sees these warning signs on a prenatal chart has a duty to discuss delivery options with the patient and plan accordingly.
Improper use of delivery tools also causes Erb’s palsy. Forceps and vacuum extractors, when misapplied, can generate dangerous force on a baby’s neck and shoulder. Delayed diagnosis of shoulder dystocia, inadequate fetal monitoring during labor, and failure to call for a timely emergency C-section are all recognized grounds for a malpractice claim in Pennsylvania. Each of these failures represents a moment where a trained medical professional had the information and the tools to prevent harm, and chose, or failed, to act.
What Damages Bensalem Families Can Recover in an Erb’s Palsy Claim
Pennsylvania law allows families to pursue compensation for both economic and non-economic losses when a birth injury is caused by medical negligence. The damages in an Erb’s palsy case can be substantial, because the injury often demands care that spans a child’s entire life.
Economic damages cover the measurable financial costs your family faces. These include past and future medical bills, physical therapy, occupational therapy, surgical procedures, medical equipment, and any long-term care your child may need into adulthood. If your child’s injury affects their ability to work as an adult, lost future earning capacity is also recoverable. For a child born in Bensalem today, those future costs could span decades.
Non-economic damages cover your child’s pain and suffering, emotional distress, and loss of enjoyment of life. These are real harms that deserve real compensation, even if they do not come with a receipt. Pennsylvania courts recognize these losses in birth injury cases, and your legal team should account for them fully.
Pennsylvania does not impose a statutory cap on damages in medical malpractice cases, which means there is no artificial ceiling on what your family can recover. In cases where a provider acted with reckless disregard for patient safety, Pennsylvania law may also permit punitive damages. The strength of your case, the quality of your expert testimony, and the full picture of your child’s needs all shape what compensation looks like. A thorough legal review is the only way to understand the true value of your claim.
Pennsylvania’s Filing Deadlines for Erb’s Palsy Lawsuits Involving Minors
Pennsylvania’s statute of limitations for personal injury cases is set out in 42 Pa. C.S. § 5524, which establishes a two-year filing window for most claims. Erb’s palsy cases involving children carry important exceptions to that general rule, and Bensalem families should understand exactly how those exceptions work.
When the injured party is a minor, the statute of limitations is tolled under 42 Pa. C.S. § 5533(b)(1)(i) until the child’s 18th birthday, giving parents until the child turns 20 to file the claim on their behalf. This tolling protection exists because the law recognizes that children cannot protect their own legal rights.
However, parents who have their own separate claims, such as for reimbursement of medical expenses or lost wages related to caring for the child, face a shorter window. Parents who have their own claims for medical expenses and lost wages may face a shorter window. Do not assume you have unlimited time.
Birth injury claims in Pennsylvania are also governed by the Medical Care Availability and Reduction of Error (MCARE) Act, 40 P.S. § 1303.513, which includes specific filing rules for malpractice cases. A certificate of merit in support of the case, signed by a doctor, must be filed within 60 days of filing the claim, under Pennsylvania Rule of Civil Procedure 1042.3. Waiting too long to investigate makes records harder to find and witnesses harder to locate. The sooner your family contacts MyPhillyLawyer, the better position your child’s case will be in, regardless of where the filing deadline falls. Call us at (215) 227-2727 or Toll Free: 866-352-4572 to speak with our team today. MyPhillyLawyer’s principal office is located in Philadelphia, Pennsylvania.
FAQs About Bensalem PA Erb’s Palsy Claims
Is Erb’s palsy always caused by medical malpractice?
No. Some cases of Erb’s palsy occur even when the delivery team follows all proper protocols, particularly during unexpected emergencies. However, many cases do involve a deviation from the accepted standard of care, such as applying excessive traction, mismanaging shoulder dystocia, or failing to order a timely C-section when known risk factors were present. A review of your child’s delivery records is the only reliable way to determine whether negligence played a role. MyPhillyLawyer is not certified as a specialist in any Pennsylvania-approved specialization category, but our team has handled birth injury cases and can connect you with the right resources to evaluate your claim.
How long does a Bensalem family have to file an Erb’s palsy lawsuit in Pennsylvania?
Under 42 Pa. C.S. § 5524, Pennsylvania’s general personal injury statute of limitations is two years. For injured minors, 42 Pa. C.S. § 5533(b)(1)(i) tolls that deadline during the child’s minority, which generally means the child may have until age 20 to file. Parents with their own separate claims, such as for out-of-pocket medical costs, may face a shorter deadline. Do not wait to find out which window applies to your family’s situation.
Who can be held responsible for my child’s Erb’s palsy?
Liability can extend to the delivering obstetrician, the hospital, the nursing staff, and any other healthcare providers involved in labor and delivery. Under Pennsylvania’s comparative negligence statute, 42 Pa. C.S. § 7102, each party is held responsible for their proportionate share of fault. A thorough investigation of your child’s delivery records, fetal monitoring strips, and nursing notes is necessary to identify every potentially liable party.
What medical evidence is needed to support an Erb’s palsy malpractice claim in Pennsylvania?
Key evidence includes the complete delivery record, fetal heart rate monitoring strips, nursing notes, physician orders made during labor, and any imaging or diagnostic records taken after birth. Pennsylvania law also requires a certificate of merit under Rule of Civil Procedure 1042.3, meaning a qualified medical professional must review the records and confirm there is a reasonable basis to believe the standard of care was breached. That certificate must be filed within 60 days of the complaint.
What if my child’s Erb’s palsy was diagnosed weeks or months after birth?
Pennsylvania recognizes a discovery principle in medical malpractice cases, meaning the filing clock may begin when the injury and its connection to negligent care were known or reasonably should have been known. In some Erb’s palsy cases, families do not recognize the link between a delivery error and their child’s condition until symptoms become more apparent during early development. If your child received a delayed diagnosis, contact MyPhillyLawyer at (215) 227-2727 so we can evaluate how the discovery rule applies to your specific situation.
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