Erb’s palsy is a nerve injury that happens at birth, and it can affect your child for the rest of their life. When a doctor, nurse, or hospital made a mistake during delivery that caused this injury, your family has legal rights under Pennsylvania law. At MyPhillyLawyer, our office is in Philadelphia, and we handle birth injury claims for families throughout the greater Philadelphia area, including Conshohocken in Montgomery County.

Оглавление

• What Erb’s Palsy Is and How It Happens During Delivery
• How Pennsylvania Law Defines Medical Negligence in Erb’s Palsy Cases
• Filing Deadlines for Erb’s Palsy Claims in Pennsylvania
• What Damages Your Family Can Recover in a Pennsylvania Erb’s Palsy Case
• Who Can Be Held Responsible for Your Child’s Erb’s Palsy
• Why Families in Conshohocken Turn to MyPhillyLawyer
• FAQs About Conshohocken PA Erb’s Palsy Claims

What Erb’s Palsy Is and How It Happens During Delivery

Erb’s palsy, also known as Erb-Duchenne palsy, is a form of obstetric brachial plexus palsy. It occurs when there is an injury to the brachial plexus, specifically the upper brachial plexus, at birth. The brachial plexus is a network of nerves that runs from the spine through the neck and into the arm. When those nerves are stretched, torn, or compressed during delivery, the result can be weakness, numbness, or loss of movement in the shoulder, arm, or hand.

The most common cause of Erb’s palsy is excessive lateral traction or stretching of the baby’s head and neck in opposite directions during delivery, usually associated with shoulder dystocia. Shoulder dystocia is a delivery complication where the baby’s shoulder gets stuck behind the mother’s pubic bone after the head has already emerged.

The most frequent cause of brachial plexus injuries in children is birth injury, with an estimated prevalence ranging from 0.9 to 2.6 per 1,000 live births. That means thousands of babies across the United States are affected every year. Many of those cases involve delivery room decisions that a more careful provider could have avoided.

The main risk factors for brachial plexus injury are large fetal size, often from maternal diabetes, and shoulder dystocia. When a doctor knows these risk factors are present before delivery and still fails to plan accordingly, that failure can form the basis of a medical malpractice claim. Families in Conshohocken who gave birth at local hospitals or birthing centers connected to larger health systems deserve answers about what went wrong.

How Pennsylvania Law Defines Medical Negligence in Erb’s Palsy Cases

Pennsylvania medical malpractice law requires you to prove four things to hold a provider accountable. First, the doctor, nurse, or hospital owed your child a duty of care. Second, that provider breached the accepted standard of care. Third, the breach directly caused the injury. Fourth, the injury produced measurable damages. Erb’s palsy cases typically focus on the second and third elements.

If an OB/GYN ignores risk factors like gestational diabetes or a high fetal birth weight and proceeds with a vaginal delivery instead of a C-section, they may be liable for the resulting nerve damage. A competent delivery team is expected to recognize warning signs and adjust the plan. Failing to do that, and then applying excessive force during extraction, is where negligence often occurs.

Under Pennsylvania Rule of Civil Procedure 1042.3, a plaintiff suing a licensed professional for deviation from an accepted professional standard must file a certificate of merit, either with the complaint or within 60 days of filing it. This certificate must confirm that a qualified medical expert reviewed the records and found a real basis for the claim. Missing that deadline can end the case entirely, regardless of how serious the injury was.

Pennsylvania’s comparative negligence rule, found at 42 Pa. C.S. § 7102, also matters here. Under that statute, a plaintiff can still recover damages as long as their share of fault does not exceed the combined fault of all defendants. In a birth injury case, the patient is rarely at fault, so this rule typically works in the family’s favor. Working with a Philadelphia Адвокат по травмам who understands these procedural requirements from the start gives your family the best chance of building a strong case.

Filing Deadlines for Erb’s Palsy Claims in Pennsylvania

Pennsylvania’s general personal injury statute of limitations is two years, as set out in 42 Pa. C.S. § 5524. For most adult malpractice claims, the clock starts running from the date of the injury or the date the person discovered, or should have discovered, that negligence caused the harm. Birth injury cases involving children follow different rules, and those rules matter a great deal for families in Conshohocken.

For the child’s own claim, Pennsylvania law “tolls,” meaning pauses, the statute of limitations. The two-year period generally does not begin to run until the minor reaches the age of 18. That means a child injured at birth typically has until their 20th birthday to file a lawsuit on their own behalf.

Under Section 513 of the MCARE Act, a minor’s claim must be filed by their 20th birthday or within seven years of the malpractice, whichever is later. Missing this statute of repose usually results in a total loss of legal rights.

Parents who have suffered damages as a result of a birth injury, or whose child has died as a result of medical malpractice, must file a lawsuit for those damages within two years of the injuries or wrongful death. So while the child’s claim has more time, the parents’ independent claims for medical expenses and related losses do not. Acting quickly protects everyone in the family.

Even when the child’s claim has time, delay still hurts the case. Fetal monitor strips can be difficult to obtain. Witnesses move. Nurses forget details. Doctors change jobs. Electronic records get archived. The sooner a family speaks with an attorney, the better the chances of preserving the evidence that makes or breaks a case like this.

What Damages Your Family Can Recover in a Pennsylvania Erb’s Palsy Case

Erb’s palsy can range from a temporary weakness that resolves with physical therapy to a permanent disability that limits arm function for life. The damages your family can pursue depend on the severity of the injury and how it affects your child’s daily life, future earning capacity, and need for ongoing care.

Damages in a Pennsylvania birth injury case may include past medical expenses, future medical care, therapy, medications, mobility equipment, home modifications, communication devices, nursing care, attendant care, special education needs, lost future earning capacity, pain and suffering, and loss of enjoyment of life. For a child with a serious permanent brachial plexus injury, those future costs can be substantial.

Pennsylvania also allows for punitive damages in extreme cases. Under the MCARE Act, punitive damages require willful or wanton conduct or reckless indifference, and gross negligence alone is not enough. The statute also limits punitive damages against an individual physician to 200 percent of compensatory damages, except in cases alleging intentional misconduct.

Families dealing with other serious birth-related injuries, such as those involving cerebral palsy or traumatic brain injury, often face similar damage calculations. The key is building a complete picture of your child’s lifetime needs. Medical experts, life care planners, and economic analysts all play a role in documenting what your family is owed. MyPhillyLawyer works to make sure nothing is left on the table when building that picture for families in Montgomery County and throughout the Philadelphia region.

Who Can Be Held Responsible for Your Child’s Erb’s Palsy

More than one party can share responsibility for an Erb’s palsy injury. The delivery team in the room at the time of birth is the most obvious starting point, but liability can extend further than that.

Generally, an entire team of healthcare providers is responsible for delivering and caring for newborns. In Pennsylvania, any member of this team could be liable for birth injuries. This includes primary obstetricians, nurses, anesthesiologists, radiologists, midwives, and any provider who cares for you or your child.

Facilities may be liable under a doctrine called respondeat superior, which holds employers responsible for the actions of their staff. Hospitals can also face lawsuits for systemic issues, like inadequate protocols, poor staffing, or unsafe equipment. If the hospital’s policies or staffing decisions contributed to the injury, the institution itself can be named as a defendant.

Identifying all responsible parties requires a thorough review of the medical records, including fetal monitoring strips, delivery notes, and nursing logs. In Conshohocken and the surrounding Montgomery County area, families often deliver at hospitals that are part of larger regional health systems. Those systems have legal teams and insurance carriers working to limit their exposure from the moment a claim is filed. Your family deserves the same level of preparation on your side. Whether the injury also connects to a related concern, like a surgical error or emergency room failure during delivery, every angle of the case deserves a careful look.

Why Families in Conshohocken Turn to MyPhillyLawyer

Conshohocken sits along the Schuylkill River in Montgomery County, just minutes from Philadelphia via the Schuylkill Expressway. Families here have access to major hospital systems in the region, but proximity to top medical care does not guarantee that care was delivered correctly. When something goes wrong in the delivery room, families need a legal team that understands both Pennsylvania birth injury law and how to take on large hospital systems.

MyPhillyLawyer handles personal injury and medical malpractice cases for clients throughout the Philadelphia area, including Montgomery County. Our office is in Philadelphia, Pennsylvania. We take Erb’s palsy cases on a contingency fee basis, which means you pay no attorney fees unless we recover compensation for your family. There are no upfront costs to get started.

If your child was diagnosed with Erb’s palsy or a brachial plexus injury after a difficult delivery, do not wait to get answers. Evidence fades, records get archived, and deadlines under Pennsylvania law are strict. Call MyPhillyLawyer today at (215) 227-2727, или по бесплатному телефону 866-352-4572, to speak with someone about your family’s situation. We are here to help you understand your rights and what your next steps should be.

FAQs About Conshohocken PA Erb’s Palsy Claims

What is Erb’s palsy, and how is it different from other birth injuries?

Erb’s palsy is a specific type of brachial plexus injury that affects the nerves controlling the shoulder, arm, and hand. It is caused by damage to the upper brachial plexus during birth, often from excessive pulling or stretching of the baby’s head and neck. Unlike brain injuries such as cerebral palsy, which affect motor control through damage to the brain itself, Erb’s palsy results from nerve damage in the shoulder region. Both types of injuries can result from medical negligence during delivery, but they involve different parts of the body and require different medical and legal analyses.

How long does a family in Conshohocken have to file an Erb’s palsy lawsuit in Pennsylvania?

Pennsylvania’s general statute of limitations for personal injury claims is two years under 42 Pa. C.S. § 5524. For a child’s own Erb’s palsy claim, the two-year period does not begin until the child turns 18, giving them until their 20th birthday to file. However, parents filing their own separate claims for medical expenses must act within two years of the injury or discovery of the injury. The MCARE Act also imposes a statute of repose, so it is important to speak with an attorney as soon as possible rather than assuming you have unlimited time.

Can I file a claim if the hospital says the injury was unavoidable?

Yes. Hospitals and their legal teams frequently argue that a birth injury was caused by the natural forces of labor rather than any error by the delivery team. That defense does not automatically end your claim. Pennsylvania law allows families to pursue a malpractice case by showing that the provider’s conduct fell below the accepted standard of care and that this failure directly caused the injury. A qualified medical expert must review the records and provide an opinion supporting your claim. Many Erb’s palsy cases that hospitals initially call unavoidable turn out to involve clear departures from proper delivery technique.

Сколько стоит нанять MyPhillyLawyer для дела о параличе Эрба?

MyPhillyLawyer handles birth injury cases on a contingency fee basis. That means your family pays no attorney fees unless and until we recover compensation for you. There are no upfront costs and no out-of-pocket expenses to get started. If we do not recover anything for your family, you owe us nothing in attorney fees. This arrangement makes it possible for families to pursue serious legal claims without worrying about the cost of hiring a lawyer while also managing the medical and financial challenges that come with caring for a child with a birth injury.

What evidence is most important in an Erb’s palsy malpractice case?

The most critical pieces of evidence in an Erb’s palsy case are typically the delivery room records, including fetal monitoring strips, nursing notes, the delivery summary, and any records documenting the use of forceps, a vacuum, or other delivery tools. Records showing that the provider was aware of risk factors like shoulder dystocia, macrosomia, or gestational diabetes before delivery are also highly relevant. Under Pennsylvania Rule of Civil Procedure 1042.3, your attorney must also file a certificate of merit within 60 days of the complaint, supported by a qualified medical expert who has reviewed those records. Gathering this evidence quickly is essential because records can be archived or become harder to obtain over time.

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