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Your newborn’s first moments should be joyful. Discovering that your baby suffered a nerve injury during delivery changes everything, and if your family is in the Doylestown area of Bucks County, you need to understand what happened and what your rights are under Pennsylvania law. Erb’s palsy is a serious birth injury, and in many cases it is preventable. If a doctor’s mistake caused your child’s condition, you may have a valid medical malpractice claim, and the team at MyPhillyLawyer, a Philadelphia personal injury lawyer serving families throughout the region, is ready to help you pursue it.
Table of Contents
- What Erb’s Palsy Is and Why It Happens at Birth
- How Medical Negligence Causes Erb’s Palsy During Delivery
- Pennsylvania Law Governing Erb’s Palsy Medical Malpractice Claims
- What Compensation Families Can Recover in an Erb’s Palsy Case
- Why Doylestown Families Should Contact MyPhillyLawyer
- FAQs About Doylestown PA Erb’s Palsy Claims
What Erb’s Palsy Is and Why It Happens at Birth
Erb’s palsy is a birth injury that damages the brachial plexus, the network of nerves running from the spinal cord through the neck and into the arm. These nerves control movement and sensation in the shoulder, arm, and hand. When they are stretched, torn, or ruptured during delivery, the result is partial or complete weakness in the affected arm.
Brachial plexus injuries affect approximately 1 to 2 children per 1,000 live births. Erb’s palsy specifically is caused by injury to the fifth and sixth cervical spinal nerves (C5 and C6), which control the shoulder and upper arm.
The injury can stretch, rupture, or avulse the roots of the plexus from the spinal cord, and it is the most common birth-related brachial plexus injury, accounting for 50 to 60 percent of cases.
Shoulder dystocia is the most common trigger. This happens when the baby’s shoulder gets stuck behind the mother’s pelvic bone during delivery. Malpractice occurs when a physician uses improper traction, meaning excessive pulling, or fails to perform recognized maneuvers to safely dislodge the baby.
Erb’s palsy can occur during normal delivery if a baby’s neck is stretched unnaturally as the head and shoulders pass through the birth canal. Signs that something went wrong often appear immediately, including a limp arm, limited shoulder movement, or the baby holding one arm tucked in against the body.
Families in Doylestown, whether they delivered at Doylestown Hospital on West State Street or at a facility closer to Philadelphia along Route 611 or Route 202, face the same difficult reality: a diagnosis like this demands answers about what went wrong and who is responsible.
How Medical Negligence Causes Erb’s Palsy During Delivery
Not every difficult birth results in malpractice, but many Erb’s palsy cases are directly tied to choices a medical team made before or during delivery. Doctors are trained to recognize risk factors and respond appropriately. When they fail to do that, a preventable injury occurs.
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.
Other acts of negligence that can lead to Erb’s palsy include pulling too hard on the infant’s head, neck, or shoulders during a difficult delivery. Additional examples include misuse of forceps or vacuum extractors, pulling too hard on an infant’s lower half during a breech delivery, and not performing a C-section when risk factors are present.
The standard of care in obstetrics requires that medical providers anticipate complications. A doctor who knows a baby is large, that the mother has gestational diabetes, or that labor is not progressing normally has an obligation to plan accordingly. Ignoring those warning signs is not just poor judgment, it is potentially a breach of the duty of care owed to both mother and child.
Pennsylvania courts recognize that proving this breach requires detailed medical records, delivery notes, and testimony from qualified obstetric experts. That is why working with an experienced legal team from the moment you suspect something went wrong is so important.
Pennsylvania Law Governing Erb’s Palsy Medical Malpractice Claims
Pennsylvania medical malpractice law sets specific rules for how Erb’s palsy claims must be built and filed. Understanding those rules helps families know what to expect and why acting quickly matters.
To win a medical malpractice claim in Pennsylvania, your legal team must prove four elements: the doctor owed your child a duty of care, the doctor breached that duty by departing from accepted medical standards, the breach directly caused your child’s injury, and your family suffered real, measurable damages as a result. Every element must be proven with evidence, including medical records, expert testimony, and delivery documentation.
Pennsylvania also requires a certificate of merit before a malpractice case can move forward. In any action based on an allegation that a licensed professional deviated from an acceptable professional standard, the attorney for the plaintiff must file, with the complaint or within sixty days after filing the complaint, a certificate of merit. If a certificate is not filed within that timeframe, and no extension has been properly requested, the defendant may seek a judgment of non pros, effectively dismissing the case.
Pennsylvania’s comparative negligence statute, found at 42 Pa. C.S. § 7102, means that if multiple parties share fault, each is responsible for their proportionate share of damages. This matters in birth injury cases where a hospital system, a specific physician, and a nursing team may each bear some responsibility.
The general statute of limitations for personal injury claims in Pennsylvania, under 42 Pa. C.S. § 5524, is two years. However, Pennsylvania has a Minors’ Tolling Statute that guarantees a minor will have two years from the date of their 18th birthday to file a lawsuit, regardless of when the injury occurred, meaning a child injured at birth can file a lawsuit as late as the day before their 20th birthday.
Even with that extended window, waiting is risky. Evidence fades, witnesses move on, and medical records become harder to reconstruct. Families in Doylestown and across Bucks County should speak with a legal team as soon as possible after a diagnosis.
What Compensation Families Can Recover in an Erb’s Palsy Case
An Erb’s palsy diagnosis often means years of medical treatment, physical therapy, and in some cases surgery. The financial and emotional toll on a family is real, and Pennsylvania law allows families to pursue compensation for the full scope of those losses.
Economic damages in a birth injury case typically include the cost of past and future medical care, physical and occupational therapy, adaptive equipment, and any surgical procedures needed to restore function. For children with permanent nerve damage, those costs can span a lifetime.
Non-economic damages cover pain and suffering, emotional distress, and the loss of life’s normal pleasures. Pennsylvania places no cap on non-economic damages against private healthcare providers in malpractice cases, which means families are not artificially limited in what they can recover for the suffering their child endures.
Punitive damages are available in cases involving intentional misconduct or extreme recklessness. Under the Medical Care Availability and Reduction of Error (MCARE) Act at 40 P.S. § 1303.505, punitive damages against an individual physician are capped at 200 percent of the compensatory damages awarded, except in cases of intentional misconduct.
Every case is different, and the value of any individual claim depends on the specific facts, the severity of the injury, and the evidence available. MyPhillyLawyer does not promise specific outcomes, but we are committed to building the strongest possible case for every family we represent.
Families dealing with birth injuries sometimes face related challenges, including questions about long-term disability, nursing care, and even wrongful death if complications become fatal. Those concerns connect directly to the broader categories of serious injury claims our team handles throughout Bucks County and the greater Philadelphia area.
Why Doylestown Families Should Contact MyPhillyLawyer
MyPhillyLawyer serves clients throughout the Philadelphia region, including families in Doylestown and across Bucks County. Our office is located in Philadelphia, and we handle birth injury and medical malpractice cases in courts throughout the region, including the Bucks County Court of Common Pleas in Doylestown and, where appropriate, the United States District Court for the Eastern District of Pennsylvania, located at the James A. Byrne U.S. Courthouse at 601 Market Street in Philadelphia.
Erb’s palsy cases require a team that understands Pennsylvania’s procedural requirements inside and out, from the certificate of merit under Pa. R.C.P. 1042.3 to the evidentiary standards for expert testimony under the MCARE Act at 40 P.S. § 1303.512. Missing any of these steps can end a valid claim before it ever reaches a jury.
We work on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for your family. Please note that clients remain responsible for case expenses regardless of outcome, and we will discuss the details of our fee arrangement with you clearly before you make any decisions.
If your child was diagnosed with Erb’s palsy after a difficult delivery at Doylestown Hospital, St. Mary Medical Center in Langhorne, or any other facility in the area, call MyPhillyLawyer at (215) 227-2727 or toll free at 866-352-4572. A member of our team will review your situation and help you understand your options under Pennsylvania law.
FAQs About Doylestown 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 C5 and C6 nerve roots, causing weakness or paralysis in the shoulder and upper arm. It differs from other birth injuries like cerebral palsy or traumatic brain injury because it targets the peripheral nervous system rather than the brain. The injury happens when the nerves running from the spinal cord through the neck and into the arm are stretched or torn during delivery, often due to excessive force applied by the delivering physician or medical team.
How do I know if my child’s Erb’s palsy was caused by medical malpractice?
Not every case of Erb’s palsy is the result of malpractice, but many are. If the delivering physician used excessive force, failed to recognize risk factors like shoulder dystocia or a large baby, misused forceps or a vacuum extractor, or failed to order a timely C-section, those actions may constitute a breach of the standard of care. The only way to know for certain is to have a qualified medical expert review the delivery records and compare the care provided against accepted obstetric standards. This is exactly the kind of review our legal team arranges before filing any claim.
How long does a Doylestown family have to file an Erb’s palsy lawsuit in Pennsylvania?
Pennsylvania’s general medical malpractice statute of limitations under 42 Pa. C.S. § 5524 is two years. However, because Erb’s palsy affects a child, Pennsylvania’s Minors’ Tolling Statute applies. Under that rule, the two-year clock does not begin until the child turns 18, giving the child until their 20th birthday to file a claim. Even so, waiting that long is not advisable. Evidence and witnesses become harder to secure over time, and early investigation produces stronger cases.
What does a certificate of merit mean for our Erb’s palsy case?
A certificate of merit is a document required by Pennsylvania Rule of Civil Procedure 1042.3 in all professional liability cases, including medical malpractice. It must be filed with the complaint or within 60 days of filing, and it certifies that a qualified licensed medical professional reviewed the case and found a reasonable probability that the care provided fell outside accepted standards and caused harm. Without this document, the court can dismiss the case entirely. Our team handles this requirement as part of the case preparation process.
What types of compensation can a Doylestown family recover in an Erb’s palsy case?
Families can pursue both economic and non-economic damages. Economic damages include medical bills, the cost of ongoing therapy, adaptive devices, future surgeries, and any other out-of-pocket expenses tied to the injury. Non-economic damages cover pain and suffering, emotional distress, and loss of enjoyment of life. Pennsylvania does not cap non-economic damages against private healthcare providers. Punitive damages may also be available in cases of extreme recklessness, though they are capped under the MCARE Act at 40 P.S. § 1303.505. Every case is different, and outcomes depend on the specific facts and evidence involved.
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