Was Your Child Diagnosed with Erb’s Palsy? Here's What Parents Need to Know

When your child suffers a preventable birth injury like Erb’s palsy, it’s natural to feel overwhelmed, heartbroken, and desperate for answers.

This condition, caused by damage to the brachial plexus nerves during childbirth, can result in lasting weakness, paralysis, or developmental delays in your child’s arm. 

When this injury stems from medical negligence, you may have legal options.

At Morgan & Morgan, we believe no family should bear the burden of a doctor’s mistake alone. Our Erb’s palsy lawyers are here to investigate what went wrong, fight for the compensation your child deserves, and help you secure the care they need for a brighter future.

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

What Is Erb’s Palsy?

Erb’s palsy is a type of brachial plexus injury that affects the upper group of arm nerves. These nerves, located near the neck, control movement and sensation in the shoulder, arm, and hand. When stretched or torn during delivery, they can cause partial or complete paralysis in the affected limb.

Common symptoms of Erb’s Palsy can include:

• Weakness or loss of feeling in one arm
• Inability to lift the arm away from the body
• Poor grip strength
• Numbness or tingling
• Arm bent at the elbow and held against the body

In severe cases, permanent nerve damage can prevent full recovery, requiring ongoing therapy, surgery, or assistive devices.

How Does Erb’s Palsy Happen?

Erb’s palsy typically occurs during difficult or traumatic deliveries, especially when:

• The baby is large (macrosomia)
• Labor is prolonged or stalled
• Shoulder dystocia occurs (when the baby's shoulder becomes stuck behind the mother’s pelvic bone)
• Forceps or vacuum extractors are improperly used
• Excessive force is applied while pulling the baby from the birth canal

Obstetricians are trained to recognize and manage these high-risk situations safely. But when a doctor fails to respond appropriately, the baby’s brachial plexus nerves can be stretched or torn, causing irreversible harm.

Was My Child’s Erb’s Palsy Preventable?

While not every instance of Erb’s palsy is due to negligence, many are. Medical professionals are expected to:

• Monitor fetal size and maternal risk factors
• Plan for C-sections in high-risk deliveries
• Use delivery instruments properly
• Avoid excessive traction or twisting of the baby’s neck and shoulders

When these standards are not met, and your child is injured as a result, you may have grounds for a medical malpractice lawsuit.

At Morgan & Morgan, our legal team works with medical experts to determine whether your doctor’s actions deviated from the accepted standard of care. If negligence caused your child’s condition, we will fight for accountability and justice.

Can I Sue for Erb’s Palsy?

Yes, if your child’s Erb’s palsy resulted from medical negligence, you may be able to sue the responsible provider or hospital for damages. A successful Erb’s palsy lawsuit can help you recover compensation for:

• Medical bills, including past, present, and future costs related to your child’s care
• Rehabilitation and therapy, including physical, occupational, and speech therapy
• Assistive devices or mobility aids
• Surgical costs
• Pain and suffering for your child’s diminished quality of life
• Loss of future earning potential

In cases involving gross negligence or reckless behavior, punitive damages may also be awarded.

Erb’s Palsy: Long-Term Impact

For some children, Erb’s palsy improves with time and therapy. But for others, the condition can lead to:

• Permanent weakness or paralysis
• Muscle atrophy
• Bone and joint deformities
• Loss of fine motor skills
• Developmental delays

These challenges can significantly affect your child’s independence, education, and future job prospects. Families often face years of therapy, surgeries, and accommodations, all of which come at a steep cost.

By holding negligent medical providers accountable, an Erb’s palsy lawsuit can give your child a better chance at a brighter future.

What’s the Deadline to File an Erb’s Palsy Lawsuit?

Each state has its own statute of limitations for medical malpractice and birth injury claims. This is a legal deadline that restricts how long you have to file a lawsuit. In some states, you may have as little as one or two years from the date of injury, or from the time the injury is discovered.

However, some states have exceptions for minors or “discovery rules” that give families more time. Don’t wait to take action. If you miss the deadline, you could lose your right to sue forever.

Morgan & Morgan can help you understand the laws in your state and act quickly to preserve your rights.

Why You Need an Erb’s Palsy Lawyer

Medical malpractice cases are some of the most complex in the legal world. They require a deep understanding of both medicine and law, as well as access to expert witnesses and strong investigative resources. That’s where Morgan & Morgan can help.

Our Erb’s palsy attorneys have decades of experience handling birth injury cases and nationwide resources to investigate and litigate complex claims. Our team partners with medical experts on call to analyze records and testify on your behalf, and we have a proven track record of recovering billions of dollars for families like yours.

We know what it takes to hold negligent doctors, nurses, and hospitals accountable, and we never settle for less than what your child truly deserves.

How Morgan & Morgan Can Help

At Morgan & Morgan, we believe that justice should be available to all, not just those who can afford it. That’s why we work on a contingency fee basis. You pay nothing upfront, and we only get paid if we win your case.

We understand what your family is going through. Our attorneys and support staff are here to answer your questions, guide you through the process, and help you feel confident every step of the way.

If your child was diagnosed with Erb’s palsy and you believe medical negligence played a role, don’t wait. The sooner you contact an experienced Erb’s palsy lawyer, the better your chances of building a strong case.

At Morgan & Morgan, we understand that no amount of money can undo the trauma your family has faced, but it can help you secure the resources your child needs to thrive. From physical therapy to surgeries, from adaptive equipment to lifelong support, we’re here to help you every step of the way.

Contact us today for a free case evaluation. We’ll listen with compassion, investigate with care, and fight with everything we’ve got.