Erb’s Palsy Law Firm

Fact-Checked and Medically Reviewed by:
Katie Lavender, RN Registered Nurse
Quick Answer

Erb’s palsy is a nerve disorder that impacts the arms and shoulders. When it affects newborns, it is often the result of medical negligence during childbirth. If your child developed Erb’s palsy because of an injury before, during, or shortly after delivery, you may be entitled to financial compensation from a medical malpractice lawsuit. Learn how a top Erb’s palsy law firm may be able to help your family.

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What Can an Erb’s Palsy Law Firm Do?

A lawyer at a desk in an Erb's palsy law firm explains the legal process to a client.An Erb’s palsy law firm can help you navigate the legal process as you seek compensation for your child’s condition. When Erb’s palsy — also called brachial plexus palsy — is caused by medical negligence, an experienced Erb’s palsy law firm may be able to help.

Here is what Erb’s palsy law firms can do.

Determine the Cause of Your Child’s Erb’s Palsy

When Erb’s palsy develops during childbirth, the nerve damage is usually because of a difficult delivery or prolonged labor. However, Erb’s palsy is not always caused by medical negligence.

An experienced Erb’s palsy law firm can help determine the cause of Erb’s palsy in your child.

A common cause of Erb’s palsy is shoulder dystocia, which occurs when a baby’s shoulders get stuck in the birth canal after the head has been delivered. If a doctor uses too much force to guide a baby out, the brachial plexus nerves can become damaged.

Other causes of Erb’s palsy include:
  • Breech (feet-first) delivery
  • Complications from forceps or vacuum-assisted deliveries
  • Excessive force applied to the baby’s head or neck during delivery
  • Failure to recognize the need for a cesarean section (C-section)
  • Forcefully pulling on the baby’s shoulders or arms during delivery

If your child has Erb’s palsy, you may have unanswered questions about what went wrong.

Connect with one of our labor and delivery nurses in confidence to talk about what may have happened.

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Connect With Top Medical Experts

The best Erb’s palsy law firms work with top medical experts who can review your medical records and help determine whether negligence played a role in your child’s condition.

Medical experts may also testify in an Erb’s palsy lawsuit and provide an opinion on whether they believe Erb’s palsy medical malpractice occurred.

Determine What Your Case Is Worth

While Erb’s palsy usually resolves in the first few months, it can result in serious nerve injury and long-term damage. Erb’s palsy treatment can be costly and create a financial burden that families are not always prepared for.

Additionally, birth injuries don’t just lead to direct costs such as hospital bills and lost wages. They can also cause emotional pain and stress for the child and family.

An Erb’s palsy law firm will closely examine all aspects of your case to ensure that all avenues are considered in getting the compensation your family deserves.

Did you know

Our partner Erb’s palsy law firm helped a family in Connecticut recover $5 million for their child’s condition.

File Your Erb’s Palsy Claim on Time

The statute of limitations is a strict deadline that limits how long you have to take legal action. It can vary across states, but it usually takes three years or less for personal injury cases.

An Erb’s palsy attorney will help you file your claim before the statute of limitations and you lose your opportunity to pursue compensation.

Negotiate With Insurance Companies

A lawyer working at a desk with the scales of justice, a laptop, and notebook.Insurance companies may try to conceal the true cause of your child’s Erb’s palsy to protect their clients and avoid paying. They may also make lowball offers to get you to close your case.

Skilled lawyers who work at the best Erb’s palsy law firms can negotiate with insurance companies on your behalf and ensure your rights are always protected.

Provide Resources and Legal Advice

By working with an Erb’s palsy law firm, you have access to an entire team of legal experts who can answer your questions and help get you compensation. They often have registered nurses on staff who can help determine if medical malpractice played a role in your child’s condition.

Who Should Work With an Erb’s Palsy Law Firm?

You should work with an Erb’s palsy law firm if your child developed brachial plexus palsy after receiving improper medical care and has permanent nerve damage as a result.

Erb’s palsy lawsuits are often complex and rely heavily on different types of medical evidence, such as expert testimony and medical records.

Because of this, it may be difficult for someone to win an Erb’s palsy lawsuit without the help of an experienced attorney from one of the best Erb’s palsy law firms.

Get a free consultation now to see if we can connect you with an experienced Erb’s palsy law firm near you.

Get a Free Case Review

A free case review is the first step in pursuing compensation for you and your family.

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What Do Erb’s Palsy Law Firms Cost?

Most Erb’s palsy law firms and lawyers work on a contingency fee basis, meaning you won’t be required to pay any legal fees or costs upfront.

This allows people to seek the legal aid they need without taking financial risks. This arrangement is beneficial for those who are already facing mounting bills related to their child’s medical care.

If you are awarded a settlement or verdict, you will then pay your Erb’s palsy law firm a percentage of that compensation.

Top Benefits of Working With an Erb’s Palsy Law Firm

Here are just a few of the many benefits of working with an Erb’s palsy law firm.

1. Accountability for Your Child’s Erb’s Palsy

Your child’s Erb’s palsy may be the result of negligence on behalf of one or more health care providers, such as a doctor or nurse, or even a hospital.

No matter who is responsible, working with a top Erb’s palsy law firm is the best way to ensure they are held accountable for their actions.

2. Getting Justice for Your Child and Family

You and your child deserve justice after what you have been through, especially if your child’s quality of life has suffered.

While you can’t undo the pain caused by your child’s birth injury, knowing justice was served can bring peace of mind.

3. Obtaining Financial Compensation for Medical Expenses

Depending on the extent of your child’s injury, they may have costly and ongoing medical expenses that could continue throughout their lifetime.

A successful Erb’s palsy settlement or verdict provides financial compensation that can cover many, if not all, of the expenses your child’s birth injury has created.

4. Preventing Future Birth Injuries

By holding negligent medical providers accountable, you can help ensure that future birth injuries are prevented.

Losing a medical malpractice case often forces careless health care professionals to significantly improve their care.

Qualities to Look for in an Erb’s Palsy Law Firm

Birth injury cases can be complex and challenging to prove, so working with a top-notch Erb’s palsy law firm is crucial.

Some qualities of top Erb’s palsy law firms include:
  • Free case reviews
  • No upfront costs
  • Proven track record of winning
  • Successfully handled similar cases

Connect With a Top Erb’s Palsy Law Firm

If you believe your child’s Erb’s palsy was caused by a doctor’s mistake, you may be entitled to compensation. Working with an experienced Erb’s palsy law firm can help you get money to pay for your child’s treatment and more.

Get a free case review now to learn more about your legal options and whether you can file a lawsuit with an experienced Erb’s palsy law firm.

Erb’s Palsy Law Firm FAQs

Can you sue for Erb's palsy?

Yes. You can sue for Erb’s palsy if medical negligence during birth caused your child’s condition. When delivery teams fail to meet the acceptable standard of care, leading to Erb’s palsy, you may be able to file a lawsuit.

The Birth Injury Justice Center works with some of the best Erb’s palsy law firms in the country. Get a free case review now to see if we can connect you with a skilled Erb’s palsy law firm near you.

Is Erbs Palsy considered a disability?

Yes. Erb’s palsy can be considered a disability. Depending on the severity of the nerve damage, it can cause varying degrees of impairment, from mild weakness to full paralysis of the arm.

While mild cases can resolve on their own, more severe cases can involve years of treatments and lifelong sensation and movement difficulties.

Do I have a better chance of getting an Erb’s palsy settlement if I hire a law firm?

By hiring a top Erb’s palsy law firm to work on your case, you are helping to ensure that you have the strongest case possible.

Not only can this increase your chances of a favorable outcome, but it may also lead to a higher settlement amount for your family.

How long will my Erb’s palsy case take?

The time an Erb’s palsy case takes to settle or reach a verdict can vary based on several factors.

On average, you can expect a birth injury lawsuit to take 18 months to 2 years from when it was filed. Generally, cases that reach a settlement agreement (especially out-of-court) resolve faster than those that go to trial.

Can I switch Erb’s palsy law firms?

Yes, switching your Erb’s palsy law firm or lawyer is usually possible while your case is underway.

However, it is important to understand that if you switch your law firm while your case is in progress, you may still owe fees to the original law firm that represented you.

Birth Injury Support Team
Reviewed by:Katie Lavender, RN

Registered Nurse

  • Fact-Checked
  • Editor

Katie Lavender has over 8 years of experience as a Registered Nurse in postpartum mother/baby care. With hands-on experience in Labor and Delivery and a role as a Community Educator for newborn care, Katie is a staunch advocate for patient rights and education. As a Medical Reviewer, she is committed to ensuring accurate and trustworthy patient information.

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 Sources
  1. Cleveland Clinic. (n.d.). Erb’s Palsy. Retrieved June 29, 2024, from https://my.clevelandclinic.org/health/diseases/21986-erbs-palsy
  2. Mayo Clinic. (n.d.). Brachial plexus injury. Retrieved June 29, 2024, from https://www.mayoclinic.org/diseases-conditions/brachial-plexus-injury/symptoms-causes/syc-20350235
  3. MSD Manual: Consumer Version. (n.d.). Birth Injuries in Newborns. Retrieved June 29, 2024, from https://www.msdmanuals.com/home/children-s-health-issues/general-problems-in-newborns/birth-injuries-in-newborns
  4. Stanford Medicine Children’s Health. (n.d.). Birth Injuries. Retrieved June 29, 2024, from https://www.stanfordchildrens.org/en/topic/default?id=birth-injuries-90-P02687