{"id":16848,"date":"2026-10-30T03:45:34","date_gmt":"2026-10-30T08:45:34","guid":{"rendered":"https:\/\/www.myphillylawyer.com\/areas-served\/wayne\/wayne-pa-erbs-palsy-lawyer\/"},"modified":"2026-10-30T04:07:01","modified_gmt":"2026-10-30T09:07:01","slug":"wayne-pa-erbs-palsy-lawyer","status":"publish","type":"page","link":"https:\/\/www.myphillylawyer.com\/yue\/areas-served\/wayne\/wayne-pa-erbs-palsy-lawyer\/","title":{"rendered":"Wayne PA Erb&#8217;s Palsy Lawyer"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">Your newborn should not have to carry the burden of a preventable delivery room mistake. Erb&#8217;s palsy, a birth injury caused by damage to the brachial plexus nerve network during labor and delivery, can affect your child&#8217;s shoulder, arm, and hand for life. Families in Wayne, Pennsylvania, and throughout Delaware County deserve answers, and a qualified <a href=\"https:\/\/www.myphillylawyer.com\/\">Philadelphia personal injury lawyer<\/a> at MyPhillyLawyer can help you understand your rights and pursue the compensation your child needs.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Table of Contents<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"#what-erbs-palsy-is-and-how-it-happens-during-childbirth\">What Erb&#8217;s Palsy Is and How It Happens During Childbirth<\/a><\/li>\n<li><a href=\"#how-pennsylvania-medical-malpractice-law-applies-to-erbs-palsy-claims\">How Pennsylvania Medical Malpractice Law Applies to Erb&#8217;s Palsy Claims<\/a><\/li>\n<li><a href=\"#pennsylvania-filing-deadlines-for-erbs-palsy-lawsuits-involving-minors\">Pennsylvania Filing Deadlines for Erb&#8217;s Palsy Lawsuits Involving Minors<\/a><\/li>\n<li><a href=\"#what-compensation-your-family-can-pursue-in-a-wayne-pa-erbs-palsy-case\">What Compensation Your Family Can Pursue in a Wayne, PA Erb&#8217;s Palsy Case<\/a><\/li>\n<li><a href=\"#why-wayne-pa-families-turn-to-myphillylawyer-for-erbs-palsy-cases\">Why Wayne, PA Families Turn to MyPhillyLawyer for Erb&#8217;s Palsy Cases<\/a><\/li>\n<li><a href=\"#faqs-about-wayne-pa-erbs-palsy-lawyer\">FAQs About Wayne PA Erb&#8217;s Palsy Lawyer<\/a><\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"what-erbs-palsy-is-and-how-it-happens-during-childbirth\">What Erb&#8217;s Palsy Is and How It Happens During Childbirth<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Erb&#8217;s palsy is a condition that results from injury to the brachial plexus, the group of nerves running from the spinal cord through the neck, shoulder, and down the arm. When those nerves are stretched, torn, or avulsed during delivery, the baby can lose movement, strength, or feeling in the affected arm. The condition ranges from mild weakness that resolves with therapy to permanent paralysis requiring multiple surgeries.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Erb&#8217;s palsy occurs in approximately one to three of every 1,000 births in the United States, making it the most common type of brachial plexus injury. That number may sound small, but it adds up. It is one of the most common birth injuries leading to long-term effects, and approximately 12,000 babies born each year develop Erb&#8217;s palsy due to an injury at birth, according to Cleveland Clinic.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The most common delivery scenario linked to Erb&#8217;s palsy is shoulder dystocia. This happens when the baby&#8217;s shoulder becomes lodged behind the mother&#8217;s pelvic bone during birth. When a delivery team responds with excessive lateral traction on the baby&#8217;s head and neck, the brachial plexus nerves can be severely damaged. Other causes include improper use of forceps or vacuum extractors, pulling on the baby&#8217;s limbs during a breech delivery, and failure to perform a timely C-section when risk factors were known.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">According to published research, shoulder dystocia carries 100 times greater risk for brachial plexus birth palsy, an exceptionally large baby carries a fourteen times greater risk, and forceps delivery carries a nine times greater risk. When a medical provider knows these risk factors exist and still proceeds without proper precautions, that decision may cross the line into medical negligence. Wayne families who believe their child&#8217;s injury was preventable should not wait to seek legal guidance.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"how-pennsylvania-medical-malpractice-law-applies-to-erbs-palsy-claims\">How Pennsylvania Medical Malpractice Law Applies to Erb&#8217;s Palsy Claims<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Pennsylvania medical malpractice law governs Erb&#8217;s palsy claims, and the rules are specific. 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&#8217;s injury, and that your family suffered real damages as a result. Each element must be supported by evidence, not assumptions.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Pennsylvania law requires that medical malpractice claims be supported by a certificate of merit, meaning 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 certificate must be filed within 60 days of the complaint under Pennsylvania Rule of Civil Procedure 1042.3.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The certificate of merit requirement protects providers from frivolous claims, but it also means your case must be built carefully from the start. Medical records, fetal heart rate monitoring strips, nursing notes, physician orders from labor and delivery, and expert testimony from obstetricians and pediatric neurologists all play a central role. Malpractice occurs when a physician uses improper traction or fails to perform recognized maneuvers to safely dislodge the baby, and if an OB\/GYN ignores risk factors like gestational diabetes or high fetal birth weight and proceeds with a vaginal delivery instead of a C-section, they may be liable for the resulting nerve damage.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Pennsylvania&#8217;s MCARE Act also governs how fault is divided among multiple defendants. If both the delivering physician and the hospital nursing staff contributed to the injury, liability can be apportioned among them. Under Pennsylvania Statutes Title 42 Pa.C.S.A. Section 7102, each defendant is generally liable for their proportionate share of damages, though joint and several liability applies when a single defendant bears at least 60 percent of the total fault. This matters in Erb&#8217;s palsy cases where more than one provider may have acted negligently during the delivery.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"pennsylvania-filing-deadlines-for-erbs-palsy-lawsuits-involving-minors\">Pennsylvania Filing Deadlines for Erb&#8217;s Palsy Lawsuits Involving Minors<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Pennsylvania law gives families more time to file an Erb&#8217;s palsy claim than most people realize, but that extra time does not mean you should wait. Under 42 Pa. C.S. Section 5524, the general statute of limitations for personal injury claims is two years. However, Erb&#8217;s palsy cases involve newborns, and the law treats minors differently.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Pennsylvania law recognizes the unique challenges faced by families of injured children and has established a significant exception to the standard two-year rule, known as the Minor&#8217;s Tolling Statute, which pauses the statute of limitations until the child reaches the age of 18. The statute of limitations for a birth injury claim technically begins once the child turns 18, and since the standard malpractice limit is two years, a lawsuit can be filed at any point up until the child&#8217;s 20th birthday.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">That extended window protects the child&#8217;s rights, but it does not protect the parents&#8217; independent claims. Parents who have suffered damages as a result of a birth injury must file a lawsuit for those damages within two years of the injuries. That means a parent&#8217;s claim for past medical expenses, lost wages, and related financial losses can expire long before the child&#8217;s claim does. Waiting can cost your family significant compensation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The passage of time is the enemy of evidence and memory. Fetal monitoring strips, hospital records, and staff recollections become harder to access and preserve the longer a family waits. Wayne families close to Lankenau Medical Center or Bryn Mawr Hospital should act promptly so that critical delivery room documentation is secured before it becomes unavailable. MyPhillyLawyer, whose principal office is located in Philadelphia, handles Erb&#8217;s palsy cases throughout Delaware County and the surrounding region.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"what-compensation-your-family-can-pursue-in-a-wayne-pa-erbs-palsy-case\">What Compensation Your Family Can Pursue in a Wayne, PA Erb&#8217;s Palsy Case<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Pennsylvania does not cap damages in medical malpractice cases, which means families can pursue the full scope of their losses. A successful Erb&#8217;s palsy claim can cover a wide range of damages, and Pennsylvania law allows families to pursue compensation for both economic and non-economic losses tied to a birth injury caused by medical negligence.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Economic damages include the cost of all past and future medical treatment, including surgeries, physical therapy, occupational therapy, adaptive equipment, and home modifications your child may need as they grow. They also include lost earning capacity if your child&#8217;s injury limits their ability to work in adulthood. Economic damages for a birth injury claim include loss of income for excess time spent away from work to handle the birth injury, medical expenses, including future medical expenses, physical therapy, and home accommodations if required.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Non-economic damages address the human side of the harm. These include pain and suffering, emotional distress, loss of enjoyment of life, and the impact the injury has on your child&#8217;s ability to participate in activities that other children take for granted, whether that is playing sports along the trails near Valley Forge National Historical Park or simply developing normal motor skills in school. Caregiver costs are also recoverable when a parent must reduce work hours or hire outside help to support a child with ongoing physical limitations.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">The value of any Erb&#8217;s palsy case depends entirely on the specific facts, the severity of the nerve damage, the treatment required, and the long-term prognosis. No attorney can guarantee a specific outcome, and results in any one case do not predict what another case will produce. What MyPhillyLawyer can do is build the strongest possible case on your child&#8217;s behalf and fight to recover every dollar your family is entitled to under Pennsylvania law.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"why-wayne-pa-families-turn-to-myphillylawyer-for-erbs-palsy-cases\">Why Wayne, PA Families Turn to MyPhillyLawyer for Erb&#8217;s Palsy Cases<\/h2>\n\n\n\n<p class=\"wp-block-paragraph\">Wayne is a tight-knit community in Delaware County, situated along Lancaster Avenue and close to the Main Line&#8217;s network of hospitals, medical centers, and specialty practices. Families here trust local institutions with the most important moments of their lives. When a birth injury happens at a hospital near Route 30 or the Blue Route corridor, the experience can be devastating and disorienting. Knowing where to turn matters.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">MyPhillyLawyer handles birth injury and medical malpractice claims for families throughout the Philadelphia region, including Wayne and the surrounding Delaware County communities. Our attorneys understand how Pennsylvania&#8217;s MCARE Act, the certificate of merit requirement, and the Minor&#8217;s Tolling Statute interact in a real Erb&#8217;s palsy case. We work with qualified medical experts, including obstetricians and pediatric neurologists, to evaluate delivery records and build evidence-backed claims.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Birth injury cases are among the most document-intensive in personal injury law. Delivery room records, fetal monitoring data, physician orders, and nursing notes all need to be reviewed and preserved early. The Delaware County Court of Common Pleas, located in Media, Pennsylvania, is where many of these cases are filed, and our team knows how to prepare a case that holds up in that courtroom.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">We handle Erb&#8217;s palsy cases on a contingency fee basis, meaning you pay no attorney&#8217;s fees unless we recover compensation for your family. If your child was born with an arm or shoulder injury and you believe a delivery room error may have caused it, call MyPhillyLawyer today at <strong>(215) 227-2727<\/strong> or Toll Free: <strong>866-352-4572<\/strong>. Your consultation is free, and your child&#8217;s future is worth fighting for.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\" id=\"faqs-about-wayne-pa-erbs-palsy-lawyer\">FAQs About Wayne PA Erb&#8217;s Palsy Lawyer<\/h2>\n\n\n\n<h3 class=\"wp-block-heading\">What is Erb&#8217;s palsy, and how is it different from other birth injuries like cerebral palsy?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Erb&#8217;s palsy is a specific type of brachial plexus injury that affects the nerves controlling the shoulder, arm, and hand. It results from nerve damage during labor and delivery, typically when excessive force is applied to the baby&#8217;s head or neck. Cerebral palsy, by contrast, involves brain damage and affects movement and muscle control throughout the body. Both are serious birth injuries that can result from medical negligence, but they involve different nerves, different causes, and different long-term treatment paths. An Erb&#8217;s palsy diagnosis focuses on the upper extremity, while cerebral palsy affects broader motor and cognitive function.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Can I still file an Erb&#8217;s palsy claim if my child is already several years old?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">In most cases, yes. Pennsylvania&#8217;s Minor&#8217;s Tolling Statute pauses the two-year statute of limitations for a child&#8217;s injury claim until the child turns 18, meaning the child generally has until their 20th birthday to file. However, a parent&#8217;s independent claims for medical expenses and related financial losses are subject to a separate two-year deadline that is not automatically tolled. If you have not yet taken legal action, contact MyPhillyLawyer as soon as possible to find out where you stand before any deadlines expire.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Does every Erb&#8217;s palsy case involve medical malpractice?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Not every case of Erb&#8217;s palsy is the result of medical negligence. Some deliveries involve unexpected complications that arise even when a medical team follows all proper protocols. However, many Erb&#8217;s palsy cases do involve a deviation from the accepted standard of care, such as applying excessive traction during shoulder dystocia, misusing forceps or a vacuum extractor, or failing to order a C-section when risk factors like gestational diabetes or a large baby were documented. The only way to know whether negligence played a role in your child&#8217;s injury is to have the delivery records reviewed by a qualified medical expert.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What is a certificate of merit, and why does it matter in my Erb&#8217;s palsy case?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">A certificate of merit is a required legal document in Pennsylvania medical malpractice cases. Under Pennsylvania Rule of Civil Procedure 1042.3, it must be filed within 60 days of the complaint. The certificate confirms 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. Without it, your case cannot proceed. This requirement makes it essential to work with a legal team that has access to qualified medical reviewers and knows how to build a properly documented claim from the beginning.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What should Wayne, PA families do immediately after an Erb&#8217;s palsy diagnosis?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Start by requesting a complete copy of all delivery records, including fetal heart rate monitoring strips, nursing notes, and physician orders from labor and delivery. Do not sign any documents from the hospital or its insurer without speaking to an attorney first. Write down everything you remember about the delivery while it is still fresh. Then contact MyPhillyLawyer at (215) 227-2727 for a free consultation. The sooner a legal team can review the records, the better positioned your family will be to preserve evidence and understand your legal options under Pennsylvania law.<\/p>\n\n\n\n<script type=\"application\/ld+json\">{\"@context\":\"https:\/\/schema.org\",\"@type\":\"FAQPage\",\"mainEntity\":[{\"@type\":\"Question\",\"name\":\"What is Erb's palsy, and how is it different from other birth injuries like cerebral palsy?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Erb's palsy is a specific type of brachial plexus injury that affects the nerves controlling the shoulder, arm, and hand. It results from nerve damage during labor and delivery, typically when excessive force is applied to the baby's head or neck. Cerebral palsy, by contrast, involves brain damage and affects movement and muscle control throughout the body. Both are serious birth injuries that can result from medical negligence, but they involve different nerves, different causes, and different long-term treatment paths. An Erb's palsy diagnosis focuses on the upper extremity, while cerebral palsy affects broader motor and cognitive function.\"}},{\"@type\":\"Question\",\"name\":\"Can I still file an Erb's palsy claim if my child is already several years old?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"In most cases, yes. Pennsylvania's Minor's Tolling Statute pauses the two-year statute of limitations for a child's injury claim until the child turns 18, meaning the child generally has until their 20th birthday to file. However, a parent's independent claims for medical expenses and related financial losses are subject to a separate two-year deadline that is not automatically tolled. If you have not yet taken legal action, contact MyPhillyLawyer as soon as possible to find out where you stand before any deadlines expire.\"}},{\"@type\":\"Question\",\"name\":\"Does every Erb's palsy case involve medical malpractice?\",\"acceptedAnswer\":{\"@type\":\"Answer\",\"text\":\"Not every case of Erb's palsy is the result of medical negligence. Some deliveries involve unexpected complications that arise even when a medical team follows all proper protocols. However, many Erb's palsy cases do involve a deviation from the accepted standard of care, such as applying excessive traction during shoulder dystocia, misusing forceps or a vacuum extractor, or failing to order a C-section when risk factors like gestational diabetes or a large baby were documented. 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The sooner a legal team can review the records, the better positioned your family will be to preserve evidence and understand your legal options under Pennsylvania law.\"}}]}<\/script>\n\n\n<h2 class=\"wp-block-heading\">More Resources About Medical Malpractice<\/h2>\n\n\n\n<ul class=\"wp-block-list\">\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/wayne\/wayne-pa-misdiagnosis-lawyer\/\">Wayne PA Misdiagnosis Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/wayne\/wayne-pa-surgical-error-lawyer\/\">Wayne PA Surgical Error Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/wayne\/wayne-pa-emergency-room-malpractice-lawyer\/\">Wayne PA Emergency Room Malpractice Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/wayne\/wayne-pa-birth-injury-lawyer\/\">Wayne PA Birth Injury Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/wayne\/wayne-pa-cerebral-palsy-lawyer\/\">Wayne PA Cerebral Palsy Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/wayne\/wayne-pa-nursing-home-abuse-lawyer\/\">Wayne PA Nursing Home Abuse Lawyer<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/wayne\/medical-malpractice-attorneys\/\">Medical Malpractice Attorneys<\/a><\/li>\n<li><a href=\"https:\/\/www.myphillylawyer.com\/areas-served\/wayne\/medical-malpractice-attorneys\/quick-guide-infographic\/\">Quick Guide Infographic<\/a><\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>Your newborn should not have to carry the burden of a preventable delivery room mistake. Erb&#8217;s palsy, a birth injury caused by damage to the brachial plexus nerve network during labor and delivery, can affect your child&#8217;s shoulder, arm, and hand for life. Families in Wayne, Pennsylvania, and throughout Delaware County deserve answers, and a&hellip;<\/p>","protected":false},"author":18,"featured_media":0,"parent":9603,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"_jetpack_hide_featured_image":false,"_jetpack_featured_image_duplicate_dismissed":0,"footnotes":""},"class_list":["post-16848","page","type-page","status-publish","hentry"],"acf":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/pages\/16848","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/users\/18"}],"replies":[{"embeddable":true,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/comments?post=16848"}],"version-history":[{"count":1,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/pages\/16848\/revisions"}],"predecessor-version":[{"id":16906,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/pages\/16848\/revisions\/16906"}],"up":[{"embeddable":true,"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/pages\/9603"}],"wp:attachment":[{"href":"https:\/\/www.myphillylawyer.com\/yue\/wp-json\/wp\/v2\/media?parent=16848"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}