Your newborn’s first moments should be filled with joy, not the shock of learning your child suffered a nerve injury during delivery. Erb’s palsy is a serious birth injury that affects the brachial plexus, the network of nerves controlling arm and shoulder movement, and it often happens because a doctor or delivery team made a preventable mistake. If your family is in King of Prussia, PA or the surrounding Montgomery County area, and your child was diagnosed with Erb’s palsy, you deserve to know your legal rights. The team at MyPhillyLawyer, a Philadelphia personal injury lawyer serving clients throughout the greater Philadelphia region, is ready to help you pursue the accountability and compensation your child needs.

Table of Contents

• What Erb’s Palsy Is and How It Happens During Childbirth
• Signs, Symptoms, and Long-Term Impact on Your Child
• How Pennsylvania Medical Malpractice Law Applies to Erb’s Palsy Cases
• What Compensation Your Family Can Seek in an Erb’s Palsy Claim
• Why King of Prussia Families Choose MyPhillyLawyer for Erb’s Palsy Cases
• FAQs About King of Prussia Erb’s Palsy Claims

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

Erb’s palsy, also called Erb-Duchenne paralysis, is a paralysis of the arm caused by injury to the upper group of the main nerves supplying it, specifically the upper trunk C5-C6 of the brachial plexus. Think of the brachial plexus as the main electrical cable running from your baby’s neck down through the shoulder and arm. When those nerves are stretched or torn, the arm loses strength and movement.

Erb’s palsy is one of the most common neurological birth injuries, and these injuries most commonly, though not exclusively, arise from traction on the neck during difficult childbirth. The delivery room is a high-pressure environment, and split-second decisions by the medical team can have lifelong consequences for your child.

Of all causes of Erb’s palsy, shoulder dystocia is the most common. The risk of Erb’s palsy is nearly three times as high when shoulder dystocia occurs. Shoulder dystocia is the obstetric emergency where one or both of the baby’s shoulders become stuck in the birth canal. When this happens, the delivery team must follow careful, established protocols. When obstetricians panic, pull too hard, or use improper maneuvers, the brachial plexus nerves stretch or tear.

Other delivery errors that can cause this injury include misusing forceps or vacuum extractors, failing to order a timely C-section when risk factors are present, and applying excessive downward force on the baby’s head and neck. Doctors need to be aware of factors that place a baby at higher risk for Erb’s palsy, such as a large infant size, high birth weight, or a small maternal size. A doctor has a duty to account for these risk factors and make adjustments, such as performing a Caesarean section to avoid complications.

Erb’s palsy is a birth injury that affects the nerves of a newborn’s arm, often caused by excessive pulling or stretching during delivery. It can result in weakness, limited movement, or paralysis of the shoulder, arm, or hand. Families near King of Prussia often receive care at major health systems in Montgomery County and Philadelphia. When those systems fail your child, the law gives your family a path to justice.

Signs, Symptoms, and Long-Term Impact on Your Child

Erb’s palsy is usually visible shortly after birth, but the full picture of the injury can take months to emerge. When a child has Erb’s palsy, one of their arms will likely hang, with the wrist turning inwards in what is often referred to as a “waiter’s tip” position. This posture is one of the most recognizable early signs that something went wrong during delivery.

Other signs include reduced grip strength in the affected hand, limited range of motion at the shoulder and elbow, and a noticeable difference in arm size as the child grows. Parents often notice that their baby is not moving one arm during tummy time or while reaching for objects. These are not minor inconveniences. They are signs of nerve damage that requires prompt medical evaluation.

Early diagnosis and treatment, including physical therapy or surgery in severe cases, can improve function and help children regain strength and mobility. The window for the most effective intervention is narrow. Mild brachial plexus injuries caused by nerve stretching often heal on their own within three to six months with physical therapy. However, more severe injuries including nerve ruptures and avulsions do not heal without surgical intervention. The first three months are critical. If the baby is not showing improvement by that time, the injury is likely severe and may require surgery.

Although rare, some children with Erb’s palsy may suffer permanent functional loss in the affected arm, along with abnormal muscle contractions. These issues may cause the child in later years to suffer psychologically or be unable to participate in sports and other activities. The emotional and developmental toll on a child and family is real, and it deserves to be part of any legal claim. Families dealing with traumatic birth injuries like this face many of the same long-term challenges seen in other serious injury cases, including ongoing therapy costs, adaptive equipment, and the possibility of future surgeries.

How Pennsylvania Medical Malpractice Law Applies to Erb’s Palsy Cases

Pennsylvania medical malpractice law governs Erb’s palsy claims. 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’s injury, and that your family suffered real damages as a result. Every element must be proven with evidence, including medical records, expert testimony, and delivery documentation.

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 requirement is designed to protect providers from baseless claims, but it also means you need a legal team that knows how to build a strong, evidence-backed case from the start.

Under 42 Pa. C.S. § 5524, the general statute of limitations for personal injury claims in Pennsylvania is two years. However, Erb’s palsy cases involving minors carry important exceptions. Pennsylvania law includes tolling protections for minors. When the injured person is under 18 at the time the claim accrues, the statute of limitations is generally paused during minority. In many situations, that means the child may have until age 20 to file a personal injury claim.

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’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’s injury claim. Waiting to act can put a parent’s claims at risk even while the child’s claim remains open. Contact MyPhillyLawyer at (215) 227-2727 to understand exactly which deadlines apply to your family.

What Compensation Your Family Can Seek in an Erb’s Palsy Claim

A successful Erb’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’s injury has created, from the delivery room through adulthood if necessary.

Economic damages include current and future medical expenses such as physical therapy, occupational therapy, nerve repair surgery, and adaptive equipment. They also include the cost of ongoing specialist visits at facilities like Children’s Hospital of Philadelphia or other regional medical centers accessible from the King of Prussia area along the I-76 corridor. If a parent had to reduce work hours or leave a job to care for the child, lost wages are recoverable as well.

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.

Erb’s palsy lawsuits award compensation based on costs related to therapy, adaptive equipment, counseling, surgery, and more, as well as lost wages if a family member had to quit their job to care for the child, and other harm like emotional distress or pain and suffering. Every family’s situation is different, and the value of a claim depends on the severity of the injury, the extent of treatment needed, and the impact on the child’s future. MyPhillyLawyer evaluates each case individually and does not make promises about outcomes, but we fight to recover every dollar your family is entitled to under Pennsylvania law.

Why King of Prussia Families Choose MyPhillyLawyer for Erb’s Palsy Cases

King of Prussia sits in Montgomery County, just off the Pennsylvania Turnpike and within close reach of Philadelphia via Route 202 and I-76. Families here have access to major hospital systems in both Montgomery County and Philadelphia, and when those hospitals or their delivery teams cause harm, MyPhillyLawyer is positioned to take action. Our principal office is in Philadelphia, and we serve clients throughout the greater region, including Montgomery County families dealing with serious birth injuries.

Erb’s palsy cases require a specific kind of legal work. They demand a thorough review of delivery room records, fetal monitoring strips, nursing notes, and the decisions made in the minutes before and after birth. They require credible medical experts who can explain to a jury or insurance adjuster exactly where the standard of care was broken. This is not a type of case where general experience is enough.

MyPhillyLawyer handles serious personal injury and medical malpractice matters for families across the Philadelphia region. We take Erb’s palsy cases on a contingency fee basis, which means you pay no attorney’s fees unless we recover compensation for you. Please note that clients remain responsible for case expenses regardless of outcome. We believe every family deserves access to strong legal representation, regardless of their financial situation.

If your child was born at a hospital in or near King of Prussia, Norristown, Phoenixville, or anywhere in the surrounding area, and you suspect that a delivery error caused their Erb’s palsy, call us today at (215) 227-2727 or Toll Free: 866-352-4572. The sooner you act, the better position your family will be in to protect your child’s rights and build a strong case.

FAQs About King of Prussia Erb’s Palsy Claims

Is Erb’s palsy always caused by medical malpractice?

Not always. Some cases of Erb’s palsy occur despite a delivery team following all proper protocols, particularly in unexpected emergencies. 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 legal review of your child’s delivery records is the only way to determine whether negligence played a role in your specific situation.

How long does a King of Prussia 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, Pennsylvania law tolls, or pauses, that deadline during the child’s minority, which generally means the child may have until age 20 to file. However, parents who have their own claims for medical expenses and lost wages may face a shorter window. Do not assume you have unlimited time. Contact MyPhillyLawyer at (215) 227-2727 to map out the deadlines that apply to your family’s specific claims.

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, meaning a qualified medical professional must review the records and confirm there is a reasonable basis to believe the standard of care was breached. Your legal team handles this process, which is one reason why working with attorneys who know Pennsylvania birth injury law matters from the very beginning of your case.

Can I file a claim if my child’s Erb’s palsy was diagnosed months after birth?

Yes. 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 may not understand the link between a delivery error and their child’s condition until weeks or months after birth, particularly as symptoms become more apparent during early development. This does not automatically bar a claim, but it does make early legal consultation essential to protect your rights.

What does it cost to hire MyPhillyLawyer for an Erb’s palsy case?

MyPhillyLawyer handles Erb’s palsy cases on a contingency fee basis. This means you pay no attorney’s fees unless we recover compensation for you. Please be aware that clients are responsible for case-related expenses regardless of the outcome. There is no cost to speak with us about your situation. Call (215) 227-2727 or Toll Free: 866-352-4572 to schedule a free consultation and learn how we can help your family pursue justice for your child’s birth injury.

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