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Erb’s Palsy & Brachial Plexus Lawsuits
When parents welcome a new baby, they hope for a healthy start. Sadly, some newborns in Philadelphia face challenges from the very beginning. Among the most concerning is Erb’s palsy, a type of brachial plexus injury that often happens during childbirth. If you believe your child suffered from a preventable birth injury, you may have a legal right to seek compensation. Let’s explore what Erb’s palsy is, how it can happen, your legal options, and why working with a skilled birth injury attorney can make a difference.
Table of Contents
What Is Erb’s Palsy and How Does It Happen?
Erb’s palsy is a condition caused by damage to the brachial plexus, a network of nerves near the neck that controls movement and feeling in the shoulder, arm, and hand. When these nerves are stretched or torn during birth, it can lead to weakness, loss of sensation, or even paralysis in the affected arm. Most cases happen when a baby’s shoulders are pulled too hard during delivery or when the baby’s head and neck are forced to one side as the shoulders pass through the birth canal.
Doctors and nurses are trained to recognize risk factors for brachial plexus injuries. For example, large birth weight, breech positions, or a long and difficult labor can raise the risk. Sometimes, using forceps or a vacuum can increase the chance of injury if not done correctly. While not every injury is avoidable, many could be prevented with proper care. If medical staff fail to use accepted delivery techniques or respond to complications quickly, their actions may be considered negligence.
Signs and Symptoms of Erb’s Palsy in Newborns
Parents are often the first to notice something isn’t right. Common signs of Erb’s palsy in a baby include a limp arm, lack of movement in the shoulder or elbow, or the affected hand curling inward. Sometimes, babies will show decreased grip strength on the injured side. In more severe cases, the entire arm may seem paralyzed or have little sensation. These symptoms are usually noticed soon after birth.
Doctors may run tests such as physical exams, nerve studies, or imaging to confirm the diagnosis. Early intervention is crucial. Physical therapy, and sometimes surgery, can help, but recovery varies. In some children, function improves with time. For others, effects can last a lifetime, impacting not just movement, but also self-esteem and future job opportunities.
When Is Medical Negligence to Blame?
Not all cases of Erb’s palsy are due to medical error, but many are. In Philadelphia, if a doctor, nurse, or hospital fails to meet the standard of care during delivery and your child is injured as a result, you may have grounds for a lawsuit. Examples include failing to recognize signs of fetal distress, waiting too long to order a C-section, improper use of delivery tools, or not responding to a difficult labor.
Proving negligence in a birth injury case isn’t easy. Pennsylvania law requires showing that a reasonable healthcare provider would have acted differently in the same situation. Medical records, expert testimony, and witness statements are often needed. That’s why partnering with a Philadelphia birth injury lawyer is so important. They understand the medical and legal issues that can arise in these complex cases and can help you gather the evidence needed to build a strong claim.
How a Birth Injury Lawsuit Can Help Your Family
Filing a lawsuit can help cover the costs your family faces after a brachial plexus injury. Medical bills, therapy, future treatments, and special equipment add up quickly. If your child’s injury leads to permanent disability, they may need lifelong care or even modifications to your home. Compensation from a lawsuit can also cover lost wages if a parent has to stop working to care for their child.
Beyond money, a lawsuit can hold the responsible parties accountable. It may help prevent similar injuries in the future by encouraging hospitals and doctors to follow safer practices. In some cases, parents are awarded damages for their own emotional distress. Every situation is unique, so it’s best to discuss your options with a skilled birth injury attorney in Philadelphia who knows the local courts and what juries expect.
Why Choose MyPhillyLawyer for Your Erb’s Palsy Case?
Not all law firms handle birth injury cases, and few have the experience needed for complex medical claims. MyPhillyLawyer stands out as a trusted choice for families in Philadelphia. Our team believes every child deserves a fair start and every parent deserves answers. We know the pain and frustration that comes with learning your child’s injury could have been prevented.
Our lawyers dig deep into medical records, work with respected medical experts, and fight for your child’s future. We handle all communication with the hospital and insurance companies so you can focus on your family. With our no-fee promise, you pay nothing unless we win your case. If your child suffered Erb’s palsy or another birth injury, don’t wait. Contact a Philly birth injury attorney at MyPhillyLawyer for a free consultation.
FAQs About Erb’s Palsy & Brachial Plexus Lawsuits
What is the statute of limitations for an Erb’s palsy lawsuit in Pennsylvania?
Generally, parents have two years from the date they discovered, or should have discovered, the injury to file a lawsuit on behalf of a minor. However, Pennsylvania law allows minors additional time. A child who suffered a birth injury has until their 20th birthday to file a lawsuit, as the statute of limitations is “tolled” during their minority. It’s best to act quickly, as evidence can be lost over time.
Can my family recover future medical costs in a birth injury lawsuit?
Yes, if your child’s Erb’s palsy leads to long-term needs, you can seek compensation for future medical care, therapy, assistive devices, and related expenses. Your attorney will work with medical and economic experts to estimate these costs, so your settlement or award considers your child’s lifelong needs.
Do I need an attorney to file an Erb’s palsy lawsuit in Philadelphia?
While you can technically file a lawsuit on your own, birth injury cases are complex and going it alone is risky. Hospitals and their insurance companies have legal teams working to limit payouts. A Philadelphia personal injury lawyer with experience in birth injuries levels the playing field, gathers the right evidence, and fights for full compensation.
What if my child has cerebral palsy instead of Erb’s palsy?
Both are birth injuries but have different causes and symptoms. Cerebral palsy affects movement and muscle tone due to brain injury, while Erb’s palsy is nerve-related. If you suspect medical negligence in a cerebral palsy case, a cerebral palsy lawyer at MyPhillyLawyer can review your case and explain your legal rights.
Other Birth Injury Types & Medical Conditions Resources
- Hypoxic-Ischemic Encephalopathy (HIE) in Newborns
- Spinal Cord Injuries During Labor and Delivery
- Perinatal Asphyxia & Oxygen Deprivation Injuries
- Caput Succedaneum & Cephalohematoma Explained
- Birth-Related Brain Damage and Cognitive Impairments
- Fractures and Orthopedic Injuries at Birth
- Facial Paralysis from Birth Trauma
- Shoulder Dystocia & Nerve Injury Cases
- Erb’s Palsy & Brachial Plexus Lawsuits
- Understanding Cerebral Palsy Birth Injury Claims in Philadelphia
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