{"id":16655,"date":"2026-10-29T23:29:15","date_gmt":"2026-10-30T04:29:15","guid":{"rendered":"https:\/\/www.myphillylawyer.com\/areas-served\/upper-darby\/upper-darby-pa-erbs-palsy-lawyer\/"},"modified":"2026-10-29T23:49:49","modified_gmt":"2026-10-30T04:49:49","slug":"abogado-especializado-en-paralisis-de-erb-en-upper-darby-pensilvania","status":"publish","type":"page","link":"https:\/\/www.myphillylawyer.com\/es\/areas-served\/upper-darby\/upper-darby-pa-erbs-palsy-lawyer\/","title":{"rendered":"Upper Darby PA: Abogado especializado en par\u00e1lisis de Erb"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">Your newborn&#8217;s first moments should bring joy, not the devastating news that your child suffered a nerve injury during delivery. Erb&#8217;s palsy is a serious birth injury that affects the brachial plexus, the network of nerves running from the spine through the neck and down to the arms. When a doctor or delivery team makes a preventable mistake, that injury does not have to go unanswered. If your family is in Upper Darby, PA or the surrounding Delaware County area, and your child was diagnosed with Erb&#8217;s palsy, a <a href=\"https:\/\/www.myphillylawyer.com\/\">Philadelphia personal injury lawyer<\/a> at MyPhillyLawyer can review your case and help you understand your legal options. Our office is located in Philadelphia, Pennsylvania, and we serve families throughout the region, including Upper Darby and Delaware County.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Table of Contents<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"#what-erbs-palsy-is-and-why-it-happens-during-delivery\">What Erb&#8217;s Palsy Is and Why It Happens During Delivery<\/a><\/li>\n<li><a href=\"#how-medical-negligence-causes-erbs-palsy-in-pennsylvania-deliveries\">How Medical Negligence Causes Erb&#8217;s Palsy in Pennsylvania Deliveries<\/a><\/li>\n<li><a href=\"#pennsylvania-law-and-what-you-must-prove-in-an-erbs-palsy-claim\">Pennsylvania Law and What You Must Prove in an Erb&#8217;s Palsy Claim<\/a><\/li>\n<li><a href=\"#filing-deadlines-for-erbs-palsy-cases-involving-upper-darby-families\">Filing Deadlines for Erb&#8217;s Palsy Cases Involving Upper Darby Families<\/a><\/li>\n<li><a href=\"#what-compensation-families-can-seek-after-an-erbs-palsy-birth-injury\">What Compensation Families Can Seek After an Erb&#8217;s Palsy Birth Injury<\/a><\/li>\n<li><a href=\"#faqs-about-upper-darby-pa-erbs-palsy-claims\">FAQs About Upper Darby PA Erb&#8217;s Palsy Claims<\/a><\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"what-erbs-palsy-is-and-why-it-happens-during-delivery\">What Erb&#8217;s Palsy Is and Why It Happens During Delivery<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Erb&#8217;s palsy, also called Erb-Duchenne palsy, is a form of obstetric brachial plexus palsy. It occurs when there is an injury to the upper brachial plexus at birth, and that injury can stretch, rupture, or avulse the roots of the plexus from the spinal cord. The result is weakness, partial paralysis, or a complete loss of movement in the affected arm.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Erb&#8217;s palsy is the most common birth-related brachial plexus injury, accounting for 50 to 60 percent of all such cases. An incidence of 0.8 to 1 per 1,000 births has been reported for brachial plexus birth palsy in the United States. That means families across the Philadelphia region, from Upper Darby to the neighborhoods surrounding Haverford Road and West Chester Pike, face this diagnosis more often than many people realize.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Brachial plexus injuries, including Erb&#8217;s palsy, occur when a baby&#8217;s neck is stretched with excessive force during a difficult delivery. This often happens during shoulder dystocia, where the baby&#8217;s shoulder becomes stuck behind the mother&#8217;s pelvic bone. Malpractice occurs when a physician uses improper traction or fails to perform recognized maneuvers to safely dislodge the baby.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Erb&#8217;s palsy can cause weakness, loss of movement, or partial paralysis of the baby&#8217;s arm. Some children recover, while others are left with permanent limitations, surgery, therapy needs, or lifelong disability. The long-term costs, both financial and emotional, can be enormous for any family.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"how-medical-negligence-causes-erbs-palsy-in-pennsylvania-deliveries\">How Medical Negligence Causes Erb&#8217;s Palsy in Pennsylvania Deliveries<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Negligence, inadequate care, and medical malpractice can be underlying causes of Erb&#8217;s palsy in an infant. If doctors or other healthcare professionals made mistakes or did not provide proper care, a child could suffer a brachial plexus injury during labor and delivery. Not every difficult birth rises to the level of malpractice, but many Erb&#8217;s palsy cases do involve clear deviations from accepted medical standards.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">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. Doctors who deliver babies at hospitals near Upper Darby, including facilities accessible from the 69th Street Transportation Center corridor and along Route 1, are held to the same professional standards as any physician in Pennsylvania.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Common acts of negligence that lead to Erb&#8217;s palsy include pulling too hard on an infant&#8217;s head or neck during delivery, misusing forceps or vacuum extractors, failing to recognize signs of fetal distress, and not ordering a timely cesarean section. Doctors have a duty to identify risk factors that may increase the likelihood of Erb&#8217;s palsy, such as macrosomia, breech presentation, or shoulder dystocia, and to take appropriate precautions to minimize the risk of injury.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Doctors may be held liable for Erb&#8217;s palsy if medical negligence or malpractice occurred during the childbirth process, leading to the injury. That liability can extend beyond the delivering physician. Hospitals, doctors, nurses, midwives, and others could be potentially responsible for causing Erb&#8217;s palsy.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"pennsylvania-law-and-what-you-must-prove-in-an-erbs-palsy-claim\">Pennsylvania Law and What You Must Prove in an Erb&#8217;s Palsy Claim<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Pennsylvania medical malpractice law governs Erb&#8217;s palsy claims filed by families in Upper Darby and throughout Delaware County. To succeed, your legal team must establish four key elements: 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&#8217;s injury, and that your family suffered real damages as a result.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Pennsylvania law requires that medical malpractice claims be supported by a certificate of merit. This means 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. This certificate must be filed under Pennsylvania Rule of Civil Procedure 1042.3 within 60 days of the complaint.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Pennsylvania also applies its comparative negligence rule, found at 42 Pa. C.S. \u00a7 7102, to medical malpractice cases. Comparative negligence is rarely a meaningful issue in Erb&#8217;s palsy cases because the injured party is a newborn who cannot be at fault. The relevant fault analysis instead apportions liability among potentially negligent parties: the obstetrician, the delivering hospital, the nursing staff, and any other healthcare providers involved in labor and delivery.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Building a strong claim requires delivery room records, fetal monitoring strips, nursing notes, physician orders made during labor, and credible medical expert testimony. Cases filed in Delaware County are typically heard in the Court of Common Pleas of Delaware County, located in Media, Pennsylvania, just a short drive from Upper Darby along Route 1. If federal jurisdiction applies, cases may be heard at the James A. Byrne U.S. Courthouse in Philadelphia, located at 601 Market Street.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"filing-deadlines-for-erbs-palsy-cases-involving-upper-darby-families\">Filing Deadlines for Erb&#8217;s Palsy Cases Involving Upper Darby Families<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Time limits for filing an Erb&#8217;s palsy claim in Pennsylvania are strict, and missing them can permanently end your family&#8217;s right to seek compensation. Under 42 Pa. C.S. \u00a7 5524, the general personal injury statute of limitations in Pennsylvania is two years from the date of the injury. For parents who have their own claims related to medical expenses and financial losses, that two-year window may apply directly to their individual claims.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Unlike adult cases, the statute of limitations for a child in Pennsylvania does not begin until their 18th birthday, meaning a claim can typically be filed at any point until the child turns 20. This protection comes from Pennsylvania&#8217;s Minors&#8217; Tolling Statute, which pauses the filing clock during the period of minority.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Parents also have their own potential claims for medical expenses and related financial losses, and those claims may operate on a different timeline. Even if the child&#8217;s claim benefits from tolling, parents may have their own related claims tied to medical expenses, lost income, or other financial losses. These claims may not always receive the same extended timeline as the child&#8217;s injury claim. Waiting to act can put a parent&#8217;s claims at risk even while the child&#8217;s claim remains open.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Parents should act sooner rather than later to preserve evidence like fetal monitoring strips, which can be critical to proving what happened in the delivery room. Waiting years to investigate makes records harder to find and witnesses harder to locate. Contact MyPhillyLawyer at (215) 227-2727 as soon as possible to protect your rights and your child&#8217;s future.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"what-compensation-families-can-seek-after-an-erbs-palsy-birth-injury\">What Compensation Families Can Seek After an Erb&#8217;s Palsy Birth Injury<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">A successful Erb&#8217;s palsy claim can cover a wide range of damages. Pennsylvania law allows families to pursue compensation for both economic and non-economic losses tied to a birth injury caused by medical negligence. The goal is to make your family financially whole and to account for every cost your child&#8217;s injury has created, from the delivery room through adulthood if necessary.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Economic damages include past and future medical expenses, physical therapy, occupational therapy, surgical costs, adaptive equipment, and any lost earning capacity your child may face as an adult. These are concrete, documentable losses that a claim can address directly.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Non-economic damages cover your child&#8217;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.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Pennsylvania does not cap damages in medical malpractice cases, which means your family&#8217;s recovery is not artificially limited by statute. The amount recoverable depends on the specific facts and evidence in your case. Every Erb&#8217;s palsy case is different, and outcomes vary based on the circumstances involved. MyPhillyLawyer will not make promises about results, but we will work to build the strongest possible case for your family. Call us at (215) 227-2727 or Toll Free: 866-352-4572 to speak with our team.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"faqs-about-upper-darby-pa-erbs-palsy-claims\">FAQs About Upper Darby PA Erb&#8217;s Palsy Claims<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">Is Erb&#8217;s palsy always caused by medical malpractice?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">No. Some cases of Erb&#8217;s palsy occur even when a delivery team follows all proper protocols, particularly in unexpected emergencies or due to the natural position of the baby. However, many cases do involve a deviation from the accepted standard of care, such as using excessive force, mismanaging shoulder dystocia, or failing to order a timely C-section when risk factors were present. A review of your child&#8217;s delivery records is the only way to determine whether negligence played a role in your specific situation.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">How long does an Upper Darby family have to file an Erb&#8217;s palsy lawsuit in Pennsylvania?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Under 42 Pa. C.S. \u00a7 5524, Pennsylvania&#8217;s general personal injury statute of limitations is two years. For injured minors, Pennsylvania&#8217;s Minors&#8217; Tolling Statute pauses that deadline during the child&#8217;s minority, which generally means the child may have until age 20 to file their own claim. However, parents who have their own claims for medical expenses and related losses may face a shorter window. Acting quickly protects both the child&#8217;s claim and the parents&#8217; independent claims.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Who can be held responsible for an Erb&#8217;s palsy injury during delivery?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Liability in an Erb&#8217;s palsy case can extend to multiple parties involved in the labor and delivery process. The delivering obstetrician or physician is often the primary defendant, but hospitals, nursing staff, midwives, and medical practice groups can also be held accountable if their actions or failures contributed to the injury. Pennsylvania law apportions fault among co-defendants based on each party&#8217;s share of responsibility for the deviation from the standard of care.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What is a Certificate of Merit, and does my Erb&#8217;s palsy case require one?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Yes. Pennsylvania Rule of Civil Procedure 1042.3 requires that a Certificate of Merit be filed within 60 days of the complaint in any medical malpractice case. The certificate must confirm 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. Without this certificate, a Pennsylvania court can dismiss your case. This is one reason why working with a legal team experienced in birth injury cases from the start is so important.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Can I still file a claim if my child&#8217;s Erb&#8217;s palsy was diagnosed months after birth?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Pennsylvania recognizes a discovery principle in medical malpractice cases. The filing clock may begin when the injury and its connection to negligent care were known, or reasonably should have been known, rather than strictly on the date of birth. In some Erb&#8217;s palsy cases, families do not understand the link between a delivery error and their child&#8217;s condition until weeks or months later, as symptoms become more apparent during early development. Even so, it is critical to consult with an attorney as soon as possible, because delays in gathering evidence can affect the strength of your claim.<\/p>\n\n\n\n<script type=\"application\/ld+json\">{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"Is Erb's palsy always caused by medical malpractice?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"No. Some cases of Erb's palsy occur even when a delivery team follows all proper protocols, particularly in unexpected emergencies or due to the natural position of the baby. However, many cases do involve a deviation from the accepted standard of care, such as using excessive force, mismanaging shoulder dystocia, or failing to order a timely C-section when risk factors were present. A review of your child's delivery records is the only way to determine whether negligence played a role in your specific situation.\"}},{\"@type\":\"Question\",\"name\":\"How long does an Upper Darby family have to file an Erb's palsy lawsuit in Pennsylvania?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Under 42 Pa. C.S. \u00a7 5524, Pennsylvania's general personal injury statute of limitations is two years. For injured minors, Pennsylvania's Minors' Tolling Statute pauses that deadline during the child's minority, which generally means the child may have until age 20 to file their own claim. However, parents who have their own claims for medical expenses and related losses may face a shorter window. 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In some Erb's palsy cases, families do not understand the link between a delivery error and their child's condition until weeks or months later, as symptoms become more apparent during early development. Even so, it is critical to consult with an attorney as soon as possible, because delays in gathering evidence can affect the strength of your claim.\"}}]}<\/script>\n\n\n<h2 class=\"wp-block-heading\">More Resources About Medical Malpractice<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/upper-darby\/upper-darby-pa-misdiagnosis-lawyer\/\">Upper Darby PA Misdiagnosis Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/upper-darby\/upper-darby-pa-surgical-error-lawyer\/\">Upper Darby PA Surgical Error Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/upper-darby\/upper-darby-pa-emergency-room-malpractice-lawyer\/\">Upper Darby PA Emergency Room Malpractice Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/upper-darby\/upper-darby-pa-birth-injury-lawyer\/\">Upper Darby PA Birth Injury Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/upper-darby\/upper-darby-pa-cerebral-palsy-lawyer\/\">Upper Darby PA Cerebral Palsy Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/upper-darby\/upper-darby-pa-nursing-home-abuse-lawyer\/\">Upper Darby PA Nursing Home Abuse Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/upper-darby\/medical-malpractice-lawyer\/\">Medical Malpractice Lawyer<\/a><\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>Your newborn&#8217;s first moments should bring joy, not the devastating news that your child suffered a nerve injury during delivery. Erb&#8217;s palsy is a serious birth injury that affects the brachial plexus, the network of nerves running from the spine through the neck and down to the arms. When a doctor or delivery team makes&hellip;<\/p>","protected":false},"author":18,"featured_media":0,"parent":9871,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_jetpack_hide_featured_image":false,"_jetpack_featured_image_duplicate_dismissed":0,"footnotes":""},"class_list":["post-16655","page","type-page","status-publish","hentry"],"acf":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myphillylawyer.com\/es\/wp-json\/wp\/v2\/pages\/16655","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myphillylawyer.com\/es\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.myphillylawyer.com\/es\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.myphillylawyer.com\/es\/wp-json\/wp\/v2\/users\/18"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myphillylawyer.com\/es\/wp-json\/wp\/v2\/comments?post=16655"}],"version-history":[{"count":1,"href":"https:\/\/www.myphillylawyer.com\/es\/wp-json\/wp\/v2\/pages\/16655\/revisions"}],"predecessor-version":[{"id":16703,"href":"https:\/\/www.myphillylawyer.com\/es\/wp-json\/wp\/v2\/pages\/16655\/revisions\/16703"}],"up":[{"embeddable":true,"href":"https:\/\/www.myphillylawyer.com\/es\/wp-json\/wp\/v2\/pages\/9871"}],"wp:attachment":[{"href":"https:\/\/www.myphillylawyer.com\/es\/wp-json\/wp\/v2\/media?parent=16655"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}