If your child was diagnosed with Erb’s palsy as a result of medical negligence, the Bethlehem Erb’s palsy lawyers of Munley Law are here for you. We will build the strongest case proving your healthcare provider failed to deliver the accepted standard of care, negotiate with insurance companies, and fight for justice on your behalf, just as we’ve done for other victims for nearly 70 years.
Two of our personal injury attorneys are recognized as being among the best medical malpractice lawyers in Pennsylvania, while all our attorneys have been named to the Top 100 Trial Lawyers in Pennsylvania list by the National Trial Lawyers. Martindale-Hubbell has awarded all our partners its highest AV Preeminent rating for their proven expertise. We’ve also received accolades from Irish Legal 100, Lawdragon, Lawyers of Distinction, and the American Association for Justice. Our client victories also bear witness to our lawyers’ accomplishments. Over the decades, we’ve helped clients recover more than $1 billion in damages.
Don’t let your opportunity to pursue justice and compensation for your child’s birth injury slip through your fingers. Contact Munley Law’s birth injury attorneys today to schedule a free consultation. We’re available 24/7, and you won’t pay a fee unless we win your case.
What is Erb’s Palsy?
According to the American Academy of Orthopaedic Surgeons, Erb’s palsy occurs when an infant’s neck is stretched to one side during a prolonged delivery, resulting in injury to the neck nerves. These nerves control feeling and movement in the shoulders, arms, hands, and fingers.
When these nerves are injured, the result can be loss of motion and weakness in the arm and hands. While most children will recover feeling and movement in the impacted limb, they must undergo physical therapy to strengthen and heal those nerves. Erb’s palsy is also known as brachial plexus birth palsy. According to Cerebral Palsy Guide, Erb’s palsy is one of the more common birth injuries, affecting around 12,000 live births in the US every year.
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What Is the Treatment for Erb’s Palsy Birth Injuries in Bethlehem, PA?
With time, some children with Erb’s palsy will recover without intervention. This can take up to two years, as nerves grow and recover slowly. However, most cases require daily physical therapy. Unfortunately, this can strain parents and caretakers physically and financially.
If physical therapy does not work between three and six months, a doctor may suggest surgery to repair the nerves. However, surgery is unlikely to restore full arm function and is typically unsuccessful in older infants. The most common surgical treatments include:
- Microsurgical procedures such as nerve grafts or nerve transfers
- Release of joint contractures
- Tendon transfer
- Reduction of joints
- Osteotomy (realigning bones and joints in the affected limb)
In successful cases, the function can return to the arm in months or years, but only with additional physical therapy and rehabilitation.
“At Munley Law, our mission is simple: to provide all injury victims equal access to justice, even against the most powerful entities. For more than 65 years, we have been the voice for the injured, the forgotten, and those who need someone to stand beside them in their darkest hour.”
Marion Munley
How Does Medical Malpractice Cause Erb’s Palsy?
Sometimes, a child may develop Erb’s palsy because of how they were positioned in the womb during pregnancy, at no one’s fault.
However, medical malpractice may be the cause of your child’s birth injury if a doctor used excessive force during delivery, pulling and stretching your baby’s head and shoulders to pass through the birth canal. According to Cerebral Palsy Guide, approximately 20,000 medical malpractice lawsuits are filed in the US every year, many of which involve Erb’s palsy birth injuries.
If you believe your medical provider did not exercise proper care during your child’s birth, you may have a medical malpractice claim. Munley Law’s birth injury attorneys can help.
How to Prove Negligence in Bethlehem Birth Injury Lawsuit
To prove negligence in a birth injury lawsuit for Erb’s palsy, you and your Bethlehem personal injury lawyer must show there was a deviation from the accepted medical standard of care during birth or throughout the pregnancy.
Further, you must illustrate that there was a:
- Doctor-patient relationship
- The doctor was negligent
- The negligence caused harm
- The harm leads to specific damages
Who may be responsible for this breach of care can vary depending on when the negligent act occurred. Liable parties in your child’s birth injury case include:
- The obstetrician or gynecologist (OBGYN)
- Nurse
- Midwife
- The hospital or medical facility where the birth occurred
Proving negligence in an Erb’s palsy case can be complicated because you must show how the doctor behaved, not how another physician would have handled it in a similar situation. An experienced birth injury attorney in Bethlehem can help you establish negligence.
Can I Recover Damages for an Erb’s Palsy Birth Injury?
You can recover damages for an Erb’s palsy birth injury. In most medical malpractice claims, you may be entitled to compensation for:
- Medical treatment, including current and future costs, as well as ongoing rehabilitation
- Time away from work
You may also be entitled to damages for pain and suffering, loss of enjoyment of life, diminished quality of life, and a reduced earning capacity if you cannot return to work because you must be a full-time caretaker to your child.
Though there is no average settlement amount, families have recovered thousands of dollars to help afford medical treatments and therapies for the duration of the child’s life. However, no two birth injury cases are the same, so working with a birth injury lawyer will be critical to maximizing your compensation.
How Can Birth Injury Lawyers Help Me?
Erb’s palsy attorneys can help you with your medical negligence case to recover financial compensation for your child’s brachial plexus injury. Our attorneys work with you to take on negligent medical professionals by determining the cause of your child’s birth injury and the total value of your claim.
Further, working with birth injury lawyers gives you access to invaluable resources like expert medical testimony and representation in negotiations or court.
Medical malpractice lawsuits can be overwhelming, as you are fighting the people who are supposed to provide you with proper medical treatment. When that trust has been broken, they need to be held accountable.
If your baby suffered from a doctor’s negligence, the legal team from Munley Law in Bethlehem, PA, can help you and your family.
What Should You Look for in a Bethlehem Erb’s Palsy Lawyer?
Finding a birth injury lawyer can be complicated, as there are many subcategories of birth injury law. Not all medical malpractice lawyers handle injuries like Erb’s palsy, so finding the right attorney for your case is vital.
To find a Bethlehem Erb’s palsy lawyer, consider the following:
What Is The Firm’s Legal Focus in Medical Negligence Law?
Some attorneys only handle brain injury claims, while others may specialize in nerve damage cases, including those of Erb’s palsy. Others still may only handle cerebral palsy cases.
Knowing the birth injury lawyer’s focus will be your first step in narrowing your search.
Does the Law Firm Have Connections to Medical Experts?
Your lawyer needs to know more than the legal side of medical malpractice cases. Birth injury attorneys must also have extensive knowledge of obstetrics, neonatal care, etc. This helps them to consult with medical experts who can review medical records to build the case.
Does the Lawyer Have a Track Record in Erb’s Palsy Verdicts and Settlements?
You want to recover compensation for your child’s injury. Knowing that your birth injury lawyer has a track record in these cases can be crucial. Ask them what types of compensation they have recovered for past clients, including:
- Medical care
- Lost wages
- Assistive technology, if needed
- Home modifications
- Care and lifestyle support
- Diminished future earning capacity of the child
- Non-economic damages like pain and suffering, loss of enjoyment of life, etc.
If the lawyer cannot answer these questions, keep looking. Or call Munley Law for a free consultation. We represent Bethlehem, PA, families with their Erb’s palsy claims.
Why Choose Munley Law for Your Bethlehem Erb’s Palsy Lawyer?
Munley Law is a name you can trust for birth injury and medical malpractice cases. Established in 1959, our attorneys have earned credentials, awards, and other accolades, and have more than 250 years of combined experience, as well as an impressive string of multi-million dollar client victories.
Victories like these are the reason why Robert Munley III, Marion Munley, and Caroline Munley are members of the Multi-Million-Dollar Advocates Forum/Million Dollar Advocates Forum. In addition, Best Lawyers named Marion Lawyer of the Year for Medical Malpractice Law and Personal Injury Litigation. The National Trial Lawyers named Caroline among the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania.
In addition to giving all our partners their highest ratings, Martindale-Hubble awarded Daniel Munley the Platinum Client Champion Award and Caroline the Silver Client Champion Award. All our attorneys are members of the Pennsylvania Bar Association. Look no further than Munley Law for Bethlehem Erb’s palsy lawyers you can trust for compassion, respect, and an unwavering commitment to justice.
Frequently Asked Questions About Bethlehem Erb’s Palsy Lawyers
How Do I Know if My Child’s Erb’s Palsy was Caused by Medical Negligence?
Knowing whether your child’s Erb’s palsy was caused by medical negligence requires investigation by your Bethlehem birth injury lawyer. They will review medical records, delivery notes, and expert opinions to determine whether a healthcare provider used excessive force during delivery, failed to follow accepted obstetric standards, or is responsible for another form of negligence. Munley Law can help you understand whether you have a valid medical malpractice claim.
What Compensation Can My Family Recover in an Erb’s Palsy Case?
In an Erb’s palsy case, your family may recover compensation for medical bills, physical therapy, surgery, rehabilitation, and future medical care. Additional damages may include lost wages, reduced earning capacity, pain and suffering, and loss of quality of life. The exact amount depends on factors such as the severity of your child’s Erb’s palsy and the long-term impact it is expected to have on their life.
How Much Does it Cost to Hire a Bethlehem Erb’s Palsy Lawyer at Munley Law?
We handle these cases on a contingency fee basis, which means it costs nothing upfront to hire a Bethlehem Erb’s palsy lawyer at Munley Law. You will not owe us any legal fees unless we win compensation for your family. If we win, our fees will be a percentage of your compensation.
How Long Does an Erb’s Palsy Medical Malpractice Case Take to Resolve?
The time it takes for an Erb’s palsy medical malpractice case to resolve depends on the complexity of the case, the extent of the injury, and whether the claim settles or goes to trial. Some cases resolve in months, while others may take longer if litigation is required. Munley Law works to move cases forward while pursuing the maximum compensation available and will keep you updated every step of the way.
How Long Do I Have to File an Erb’s Palsy Lawsuit in Bethlehem, PA?
Under 42 Pa. C.S.A. § 5524, Pennsylvania’s statute of limitations generally gives you two years from the date of injury to file medical malpractice lawsuits, but as Erb’s palsy lawsuits usually involve children, the situation is slightly different. In birth injury cases, the statute of limitations is tolled (paused) until the child turns 18 years old, giving families more time to file. Even so, it’s important to contact a lawyer as soon as possible to ensure your rights are protected.
Call Munley Law for a Free Consultation with Bethlehem Erb’s Palsy Lawyers
If a negligent doctor caused your child to suffer birth injuries, the Bethlehem Erb’s palsy attorneys of Munley Law are here to fight for you. We handle claims of medical negligence related to an Erb’s palsy diagnosis. Don’t wait too long to file your case. Under 42 Pa. C.S.A. § 5524, Pennsylvania has a two-year statute of limitations on these cases, which must also be certified as having merit by a medical expert, as per 231 Pa. Code Rule 1042.3.
Call Munley Law for a no-obligation, free consultation. The two-year statute of limitations on birth injury cases begins when your child turns 18, but you should take legal action immediately.
Marion Munley
Marion Munley has been practicing personal injury law for nearly 40 years. She is triple board-certified by the National Board of Trial Advocacy for Truck Accident Law, Civil Trial Law, and Civil Practice Advocacy. She currently serves as Vice President of the American Association for Justice, an organization dedicated to safeguarding victims’ rights. Marion has won many multimillion-dollar recoveries for her clients, including one of the largest trucking accident settlements in history. She has been named a Top 10 Super Lawyer in Pennsylvania since 2023, a Best Lawyer in America, and was recently inducted to the Lawdragon Hall of Fame.
