Erb’s Palsy Lawyer

Quick Answer

Medical negligence or malpractice can cause Erb's palsy, a condition characterized by long-term or permanent nerve damage. If you believe your child’s Erb’s palsy was preventable, you can work with an Erb’s palsy attorney to pursue compensation and justice. An experienced attorney can take all the hassle out of the legal process, allowing you to focus on caring for your child.

What Is an Erb’s Palsy Lawyer?

A subset of medical malpractice attorneys, Erb’s palsy lawyers help families affected by this condition receive compensation and justice.

Children who develop Erb’s palsy may be the victims of negligence or malpractice. Even one small medical mistake or instance of neglect from an obstetrician or health care provider during delivery can lead to years of medical bills, therapies, and helping your child manage a preventable condition.

Erb’s palsy attorneys understand the burdens that this condition puts on families and will work to get money for those affected. If you believe your child developed Erb’s palsy due to a preventable mistake before, during, or shortly after delivery, an Erb’s palsy attorney may be able to help you access compensation.

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Erb’s Palsy and Medical Negligence

Erb’s palsy, or brachial plexus palsy, is a type of birth injury caused by damage to the brachial plexus nerve network, which sends signals to the baby’s shoulders, arms, and hands.

This condition is sometimes caused by a doctor’s use of excessive force during a difficult delivery. If too much force is used during delivery — for example, if the baby is in a breech position or if the doctor improperly uses forceps — a brachial plexus injury may occur.

Erb’s palsy is usually preventable if proper medical care is taken.

Doctors and nurses are trained to spot Erb’s palsy risk factors and should know how to safely resolve birth-related complications without injuring the mother or child. When these medical professionals fail to take appropriate action during a difficult birth — and the newborn develops Erb’s palsy as a result — it may constitute a breach of duty of care.

An Erb’s palsy lawyer can help you and your family determine if your child’s doctors breached the duty of care and build a medical malpractice case against them.

How Can an Erb’s Palsy Lawyer Help?

Erb’s palsy lawyers make the legal process easier on your family, saving you stress while also pursuing money for your birth injury case.

An experienced attorney will take care of most of the work that an Erb’s palsy legal claim brings. They will gather hospital records, witness statements, and more to build a strong case on your behalf.

When the time comes to file the case, your lawyer will handle the paperwork and other formalities so you can focus on the health and wellbeing of your child.

Children with Erb’s palsy may need expensive medical care for months, years, or even their entire lives — and this care might not always be covered by insurance. An Erb’s palsy lawyer will work to help your family receive the highest possible amount of compensation, easing the financial burdens that this condition brings.

Hospitals and medical experts benefit from large teams of experienced attorneys who work to defend them. Your family deserves the same level of dedication and expertise on your side.

What To Expect When Working With a Lawyer

When you work with an Erb’s palsy lawyer, you can expect they will do everything in their power to build a strong case for you. These attorneys will work tirelessly on your behalf to get the most amount of money possible in the least amount of time, keeping you updated every step of the way.

Most Erb’s palsy cases follow a similar format:

  1. Contact and Investigation: The client reaches out to a lawyer to see if a case can be filed. The lawyer then conducts an investigation into the facts presented to see if filing a lawsuit would be in the best interest of the client.
  2. Filing: If the case has been accepted, a lawsuit is filed against the defendant (likely a doctor or hospital in cases regarding Erb’s palsy) who then must file a response.
  3. Discovery: During the discovery phase, the lawyers for both the plaintiff (the family affected by Erb’s palsy) and the defendants continue to collect evidence and information, with each party hoping to build the strongest possible case.
  4. Mediation: Each party presents its evidence and works to come to a fair resolution without going to trial. A third-party mediator like a judge may assist.
  5. Settlement: If the victim’s case is strong, the defendant is likely to make a settlement offer. Experienced Erb’s palsy attorneys help to ensure that their clients receive the highest possible offer based on the available evidence.
  6. Trial: In some cases, a settlement cannot be agreed upon. Cases that do not settle may go to trial, where the Erb’s palsy lawyers represent their clients and argue on their behalf. Settlements still may occur mid-trial, but if no settlement is reached, a jury or judge will decide the case.

The length of time it takes to resolve a case can vary significantly — with some cases taking several years to reach a conclusion. Most Erb’s palsy lawyers will recommend settling out-of-court to help their clients get money faster. Trials usually add more time to the case and may result in no money if the judge or jury sides with the defendant.

Choosing an Erb’s Palsy Attorney

Not all lawyers are trained to handle Erb’s palsy cases. When selecting representation, it’s important to look for the right characteristics.

Contingency Fees

Lawyers structure their fees in a variety of ways. Top Erb’s palsy attorneys work on contingency, taking a percentage of the compensation only if the case is successful. There are no upfront costs. Clients also don’t have to pay any money if the lawyer doesn’t secure compensation.

Track Record of Success

Working with an experienced birth injury attorney is the best way to ensure a smooth and successful filing process. Clients should actively seek out information regarding an attorney’s history and achievements.

Ask an Erb’s palsy attorney:

  • How long have you been handling Erb’s palsy cases?
  • What is your success rate?
  • Will you share any client testimonials?
  • How much money do you typically win in Erb’s palsy cases?

National Reach

Location is important for more reasons than simple convenience or ease of travel. It’s also important to work with a lawyer who has a strong understanding of local and state regulations.

National Erb’s palsy law firms maintain local offices in dozens of states, giving clients the best of both worlds: local knowledge and large resources.

Strong Attorney-Client Relationships

When choosing an Erb’s palsy lawyer, it’s also important to pay attention to rapport. Clients should feel comfortable and respected when interacting with their lawyers. Every family deserves to have a lawyer who is passionate about their work and will take time to address any concerns.

Erb’s Palsy Lawyer FAQ

How much does an Erb’s palsy lawyer cost?

The cost to hire an Erb’s palsy lawyer can vary. Lawyers who work on a contingency basis require no upfront fees and usually take around one-third of the overall winnings they secure, according to the American Bar Association (ABA).

Always ask a lawyer how much it will cost to work with them before you move forward with the legal process.

When can you sue a doctor or hospital for Erb’s palsy?

If you believe your child’s injury was caused by medical malpractice, it’s important to file a lawsuit as soon as possible. The sooner you file, the sooner you may be able to get money for your child’s medical expenses.

Further, there are deadlines called statutes of limitations that prevent you from filing a lawsuit after a certain span of time. These laws vary by state, and you will lose the opportunity to file an Erb’s palsy lawsuit once the statute of limitations has passed.

Speak with an Erb’s palsy attorney to get a better idea of when to file your lawsuit.

Free Legal Case Review

Do you suspect your child’s birth injury was caused by medical malpractice?

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How much compensation can an Erb’s palsy lawyer help you receive?

Factors such as living expenses, medical care, and pain and suffering all affect how much money you may receive from an Erb’s palsy lawsuit. Your lawyer can help determine how much money your family may receive. That said, many past cases have awarded millions of dollars.

Here are some examples of Erb’s palsy settlements and trial verdicts:

  • Over $1 million for a 13-year-old girl from South Carolina
  • $950,000  for a 5-year-old girl from New Jersey
  • $1.2 million for a ten-year-old girl from South Carolina

Find an Erb’s Palsy Attorney Near You

Children who have been the victims of medical negligence deserve justice and compensation. Working with an Erb’s palsy attorney is the best way to maximize compensation and help secure a safe and healthy future for your child.

If your family has been the victim of medical malpractice or neglect, don’t hesitate. Personal injury lawyers with experience in Erb’s palsy cases are ready to help you fight for the compensation your family deserves.

Reach out to receive a free case review to begin moving forward.

Birth Injury Support Team

The Birth Injury Justice Center was founded in 2003 by a team of legal professionals to educate and empower victims and families affected by birth injuries. Our team is devoted to providing you with the best resources and legal information for all types of birth injuries.

View 6 Sources
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  2. Chater, M., Camfield, P., & Camfield, C. (2004). Erb's palsy – Who is to blame and what will happen? Paediatrics & Child Health, 9(8), 556-560. doi:10.1093/pch/9.8.556
  3. Erb's Palsy. (n.d.). Retrieved December 13, 2020, from
  4. The Grim Class Action Environment--What Now? (n.d.). Retrieved December 13, 2020, from
  5. Grogan, J. (2016, October 29). Jury awards former Norwich family $4.2 million in birth injury case. Retrieved December 13, 2020, from
  6. Skelly-Hand v Lizardi. (2013, December 2). Retrieved December 13, 2020, from
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