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Your newborn’s arm hanging limp after delivery is not something any parent should accept as “just how things went.” Erb’s palsy is a nerve injury to the brachial plexus that is, in many cases, directly caused by how a doctor or delivery team handled a difficult birth. If your child was diagnosed with this condition after being born at a hospital in or near Norristown, Pennsylvania, you may have a strong medical malpractice claim. At MyPhillyLawyer, our office is in Philadelphia, and we handle serious birth injury cases for families throughout Montgomery County and the surrounding region. Call us at (215) 227-2727 for a free consultation. MyPhillyLawyer is a private law firm and is not affiliated with any public legal aid organization.
Table of Contents
- What Erb’s Palsy Is and Why It Happens During Delivery
- How Pennsylvania Law Defines Medical Negligence in Erb’s Palsy Cases
- Pennsylvania’s Statute of Limitations for Erb’s Palsy Claims
- What Compensation Families Can Recover in a Pennsylvania Erb’s Palsy Case
- Who Can Be Held Responsible for Your Child’s Erb’s Palsy
- FAQs About Norristown PA Erb’s Palsy Lawyer
What Erb’s Palsy Is and Why It Happens During Delivery
Erb’s palsy is a condition caused by damage to the brachial plexus, the network of nerves running from the cervical spine through the shoulder and down the arm. It most commonly results from an upper brachial plexus birth injury involving the C5 and C6 nerve roots, with occasional extension to C7, leading to weakness or paralysis of the affected upper extremity. The injury leaves a baby unable to move the shoulder, arm, or hand on the affected side, and in severe cases, that loss of function can be permanent.
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 complication where the baby’s shoulder becomes stuck behind the mother’s pelvic bone after the head has already emerged. When a delivery team responds by pulling too hard on the baby’s head or neck, the brachial plexus nerves stretch, tear, or avulse from the spinal cord.
The most common risk factors for Erb’s palsy include shoulder dystocia, maternal obesity, breech presentation, and high birth weight. These risk factors are often identifiable before labor begins. A doctor who fails to recognize them, fails to plan for a C-section, or uses forceps or vacuum extraction incorrectly may be liable for the resulting injury.
Among neonatal brachial plexus palsy patterns, Erb’s palsy represents the most common presentation and accounts for approximately 90% of cases. This is not a rare or unforeseeable complication. Medical professionals who work in labor and delivery are trained to recognize and manage the risk factors that lead to it.
How Pennsylvania Law Defines Medical Negligence in Erb’s Palsy Cases
Erb’s palsy caused by a delivery room error falls squarely under Pennsylvania’s medical malpractice framework. A successful claim requires proving that a healthcare provider owed your child a duty of care, breached that duty by falling below the accepted standard of care, and that the breach directly caused the brachial plexus injury.
The standard of care in obstetrics requires delivery teams to monitor for shoulder dystocia risk factors, respond appropriately when complications arise, and avoid applying excessive lateral traction to a baby’s head or neck. When a doctor ignores warning signs, fails to order a timely C-section, or uses delivery instruments improperly, that conduct can constitute a breach of the standard.
Pennsylvania law also requires that a plaintiff file a Certificate of Merit along with, or within 60 days of, the complaint. 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 be supported by a qualified medical expert who has reviewed the records and concluded that the care fell below the accepted standard.
Because jurors don’t usually have medical degrees, plaintiffs in Pennsylvania birth injury cases are required by law to present testimony from at least one expert witness to establish the applicable standard of care, the deviation from that standard, causation, and the extent of the birth injury. Building this kind of case takes time, preparation, and access to the right medical experts, which is why acting quickly matters.
Hospitals and their insurers defend these cases aggressively. In brachial plexus cases, the defense may argue that the injury happened from the natural forces of labor rather than excessive traction. Having a thorough legal team that understands how to counter those arguments is essential to protecting your child’s future. Families dealing with related birth injuries, such as those involving a Philadelphia personal injury lawyer for cerebral palsy or traumatic brain injury claims, face similar legal frameworks under Pennsylvania’s MCARE Act.
Pennsylvania’s Statute of Limitations for Erb’s Palsy Claims
Pennsylvania gives families more time to file a birth injury claim than most people realize, but that window is not unlimited. Under 42 Pa. C.S. § 5524, the general personal injury statute of limitations is two years. In birth injury cases involving a minor, however, Pennsylvania’s Minors’ Tolling Statute changes the calculation significantly.
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. A child injured at birth can file a lawsuit as late as the day before their 20th birthday. This means the child’s own claim does not expire at age two, as many parents mistakenly believe.
Parents who have their own independent claims, such as for out-of-pocket medical expenses they personally paid, face a different and shorter deadline. 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. Missing this deadline for the parental claim means losing it permanently.
Even though the child’s claim may extend to age 20, waiting creates serious practical problems. Medical records get archived. Nurses and physicians change jobs or retire. Fetal monitoring strips become harder to retrieve. The sooner your legal team begins investigating, the stronger your case will be. If your child’s Erb’s palsy has left them with long-term disabilities, the damages at stake, including lifetime therapy, surgery, and lost earning capacity, make early action even more critical.
What Compensation Families Can Recover in a Pennsylvania Erb’s Palsy Case
Pennsylvania does not cap economic or non-economic damages in birth injury cases. The Pennsylvania Medical Care Availability and Reduction of Error Act (MCARE) allows plaintiffs in birth injury lawsuits to recover both economic and non-economic damages, and unlike many states, Pennsylvania does not place a cap on the amount of economic and non-economic damages you can recover in a birth injury lawsuit.
Economic damages cover the real financial costs your family faces. These include past and future medical expenses, physical therapy, occupational therapy, nerve reconstruction surgery, assistive devices, home modifications, and lost future earning capacity if the injury is permanent. For a child growing up near Norristown who faces a lifetime of limited arm function, these costs can be substantial over decades.
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, loss of enjoyment of life, and other losses.
Non-economic damages compensate for pain and suffering, emotional distress, and loss of enjoyment of life. Pennsylvania juries are required to consider the child’s age, the severity and permanence of the injury, and the effect on daily living when calculating these awards. In cases involving intentional or especially reckless conduct, punitive damages under the MCARE Act may also be available, though they require a higher showing of willful or wanton behavior beyond ordinary negligence.
Pennsylvania’s comparative negligence rule, codified at 42 Pa. C.S.A. § 7102, means that even if a defendant argues that some factor other than their conduct contributed to the injury, your recovery is only reduced in proportion to any negligence attributed to you, and only if your share of negligence does not exceed the defendant’s. In most Erb’s palsy cases, the delivering physician or hospital bears full responsibility.
Who Can Be Held Responsible for Your Child’s Erb’s Palsy
Multiple parties may share responsibility for an Erb’s palsy injury, and Pennsylvania law allows a claim to name more than one defendant. The primary targets in most cases are the obstetrician who performed the delivery and the hospital where the birth took place.
A hospital can be held liable for the actions of its employed nurses, residents, and staff physicians under the doctrine of respondeat superior, which holds employers accountable for the negligent acts of their employees committed within the scope of their employment. If a nurse failed to communicate fetal monitoring concerns, or a resident applied excessive traction under a supervising physician’s direction, the hospital may face liability alongside the individual providers.
Generally, an entire team of healthcare providers is responsible for delivering and caring for newborns, and 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.
Anesthesiologists who failed to properly monitor the mother, midwives who mismanaged a complicated delivery, and even hospitals that failed to maintain adequate staffing levels or proper protocols can all be named in a claim. If a physician operated as an independent contractor rather than a hospital employee, the family may pursue that doctor directly. The key is identifying every party whose conduct contributed to the injury, which requires a thorough review of all medical records from the prenatal period through delivery.
Families dealing with Erb’s palsy often also face related injuries, including fractures, shoulder deformities, and in severe cases, conditions that overlap with other serious harm such as traumatic nerve damage or developmental delays. Each of these injuries can add to the damages your family is entitled to recover. Our team at MyPhillyLawyer, based in Philadelphia, serves families throughout Montgomery County, including those in Norristown, Conshohocken, and communities along the Schuylkill River corridor. Call us at (215) 227-2727 or Toll Free: 866-352-4572 to speak with us about your child’s case at no cost to you.
FAQs About Norristown PA Erb’s Palsy Lawyer
Is Erb’s palsy always caused by medical malpractice?
Not every case of Erb’s palsy is the result of malpractice, but many are. When a delivery team fails to recognize shoulder dystocia risk factors, applies excessive force during delivery, or misuses forceps or a vacuum extractor, that conduct can fall below the accepted standard of care and give rise to a valid claim. A thorough review of the prenatal records, delivery notes, and fetal monitoring strips is the only way to know for certain whether negligence played a role in your child’s injury.
How long do I have to file an Erb’s palsy lawsuit in Pennsylvania?
Under Pennsylvania’s Minors’ Tolling Statute, a child’s own claim generally does not begin to run until their 18th birthday, giving them until age 20 to file. Parents pursuing their own independent claims, such as for medical expenses they personally paid, must file within two years of the injury or discovery of the injury. Even though the child’s window extends to age 20, waiting makes it harder to gather evidence, so contacting an attorney as soon as possible is strongly advisable.
What does it cost to hire MyPhillyLawyer for an Erb’s palsy case?
MyPhillyLawyer handles birth injury and medical malpractice cases on a contingency fee basis, meaning you pay no attorney’s fee unless there is a financial recovery in your case. Please note that clients may still be responsible for certain case expenses depending on the outcome. We will explain the full fee arrangement clearly before you make any decision about representation.
Can I file a claim even if my child’s Erb’s palsy has partially resolved?
Yes. Even partial recovery does not eliminate the right to pursue a claim. If your child required surgery, physical therapy, or occupational therapy, or if they still experience any limitation in arm or shoulder function, those are compensable damages. The full scope of past and future treatment costs, as well as pain and suffering, remains relevant even when a child shows improvement over time.
Where would an Erb’s palsy lawsuit be filed for a birth that occurred in Norristown, Pennsylvania?
Most Erb’s palsy cases arising from a birth in Norristown would be filed in the Montgomery County Court of Common Pleas, located at the Montgomery County Courthouse in Norristown. Depending on the circumstances, including whether the defendant hospital is part of a larger health system, it may also be possible to file in another county where the defendant regularly conducts business. Your attorney will evaluate the best venue for your specific case based on where the negligent conduct occurred and where the responsible parties operate.
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