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Fight for Your Child’s Future with an Erb’s Palsy Attorney

Welcoming your newborn into the world should be a joyful experience. However, when you receive an Erb’s palsy diagnosis, your joy quickly turns to overwhelming worry. A thousand questions start swirling in your head: what caused my child’s injury? Was this medical negligence? Can it be fixed? Where do we even begin?

Enter the experienced Erb’s palsy attorneys at Munley Law. We understand the emotional and legal complexities of your child’s birth injury. We’ve helped countless families secure resources and financial compensation after their child developed Erb’s palsy.

Call today for a free case evaluation with a compassionate birth injury lawyer who will guide you through the legal process and outline all your options.

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What is Erb’s Palsy?

Erbs palsy lawyerErb’s palsy is a birth injury impacting a newborn’s arm and shoulder. It occurs when the brachial plexus, a network of nerves connecting the spinal cord to the arm, gets stretched or torn during delivery. Erb’s palsy is rare, affecting roughly 1 in 1,000 babies.

According to the Children’s Hospital of Philadelphia, the overall number of Erb’s palsy cases has declined, primarily due to increased C-section rates. However, shoulder dystocia, where the baby’s shoulder gets stuck during delivery, remains a significant risk factor.

Types of Brachial Plexus Palsy:

Did you know that Erb’s palsy birth injuries cover a spectrum of nerve injuries that result in different degrees of weakness and paralysis? Here’s what we know:

  • Erb’s palsy: Accounts for up to 50% of all brachial plexus palsy injuries. Erb’s palsy is associated with damage to the nerves at the C5 to C6 sections of the child’s spine.
  • Total Plexus palsy: This type of brachial plexus injury accounts for 35% of cases. Injured nerves start at the C5 section of the spine and go to the T1 section. All the muscles in the infant’s shoulder, arm, hand, and fingers are affected.
  • Klumpke palsy: This is the rarest form of a brachial plexus injury, accounting for less than 1% of Erb’s palsy injuries. Klumpke palsy damages the C8 to T1 spine sections and affects the lower arm and nerves. The child may have a weak handgrip and claw-like fingers.

Signs and Symptoms of Erb’s Palsy

Your newborn’s movement in the affected arm will indicate if they’ve suffered an Erb’s palsy injury. If you notice any of these red flags, you should seek medical attention as soon as possible:

Can Erb’s Palsy Be Cured?

A child’s Erb’s palsy is curable. 80-96% of Erb’s palsy cases fully recover, significantly if the child improves within two weeks. In certain situations, surgery may help with recovery, but a child is rarely left with lasting disability.

How Does Medical Negligence Cause Erb’s Palsy?

Some of these birth injury cases arise from factors outside a doctor’s control. However, many times, an Erb’s palsy case can be linked to negligent medical professionals:

  • Excessive Force During Delivery: Improper use of forceps or vacuum extraction can apply excessive force to the baby’s head, neck, and shoulders, potentially stretching or tearing the brachial plexus nerves.
  • Pulling on the Baby: If a doctor pulls too hard on the baby’s arms, head, or neck during the delivery process, it can put strain on the brachial plexus, leading to Erb’s palsy.
  • Missed or Delayed Diagnosis of Shoulder Dystocia: Shoulder Dystocia is when a baby’s shoulders get stuck in the birth canal. It’s crucial to recognize and manage the situation swiftly. Delayed or improper diagnosis can lead to unnecessary pulling and maneuvering, increasing the risk of nerve damage and Erb’s palsy.
  • Failure to Recommend C-Section in High-Risk Cases: In cases where the baby is large, or the mother has gestational diabetes, a C-section may be the recommended course of action to avoid complications like shoulder dystocia and Erb’s palsy. If a doctor fails to consider or recommend a C-section in such cases, and Erb’s palsy results, it could be considered negligence.

Remember, medical professionals must provide care that meets established standards. If you suspect your child’s Erb’s palsy may be due to medical negligence, you should consult with an experienced Erb’s palsy lawyer at Munley Law as soon as possible. We will help you pursue fair compensation for your child’s medical expenses and any long-term care needs.

Who Is At Fault for My Child’s Birth Injury?

If you suspect your child’s Erb’s palsy may stem from medical errors, it’s essential to understand who could be held accountable:

  • Doctors: Your delivery doctor is the most likely candidate to be found at fault for your child’s brachial plexus injury. The delivering physician is the primary healthcare professional who manipulates and directs the baby’s birth. If undue strain was put on the baby’s otherwise healthy nerves, the strain could lead to Erb’s palsy.
  • Nurses: Similar to doctors, nurses can make mistakes during delivery or fail to follow the proper protocols.
  • Anesthesiologists: If the anesthesiologist administers the right amount of anesthesia, this can lead to birth injuries.
  • Midwives: If they commit negligence when delivering the baby, they could be held responsible.
  • Hospitals: The hospital can also be liable if it fails to provide adequate staff, training, or equipment for handling high-risk deliveries. For example, a lack of experienced personnel to assist with a baby with shoulder dystocia could contribute to nerve damage.

How Do I Prove Medical Malpractice?

Erb's Palsy attorney Caroline MunleyProving medical negligence is the most essential component of an Erb’s palsy lawsuit. Your birth injury case hinges on establishing four key elements of negligence:

Duty of Care

Your Erb’s palsy lawyers will establish that the healthcare professionals owed your child a specific duty of care. This means they were legally obligated to provide standard medical treatment to prevent harm. The Munley Erb’s palsy attorneys will review medical records and expert opinions to ensure proper protocols are followed during your child’s birth.

Breach of Duty

Next, we prove that the medical professionals breached their duty of care. This might involve failures like:

  • Improper use of forceps or vacuum extraction
  • Missed or delayed diagnosis of shoulder dystocia
  • Neglecting to recommend a C-section in high-risk cases

Munley’s Erb’s palsy lawyers will meticulously analyze evidence, including medical records, witness statements, and expert testimonies, to demonstrate the breach of duty in your birth injury claim.


The Erb’s palsy attorneys must establish a clear link between the medical professional’s breach of duty and your child’s condition. We’ll work with medical experts to prove how the specific negligent actions directly caused the nerve injury.


Finally, we demonstrate the extent of financial, emotional, and physical harm your child has suffered due to Erb’s palsy. This includes medical bills, therapy costs, potential lost earnings, and the emotional impact on your family. Munley Law’s experienced Erb’s palsy lawyers will fight to secure substantial compensation to cover these damages and secure your child’s future.

Let Our Skilled Erb’s Palsy Attorneys Help You Win Maximum Compensation

A Munley Erb’s palsy lawyer doesn’t shy away from tough cases. Our legal team will aggressively negotiate with the hospital or doctor’s insurance company to secure the maximum compensation your child deserves.

We have a proven track record of success, including a $5 million settlement in a medical malpractice case. If a fair settlement cannot be reached in your legal claim, we won’t hesitate to take your case to trial.

What Damages Will I Receive in a Birth Injury Lawsuit?

Birth injuries bring both emotional challenges and significant financial burdens to the families affected. At Munley Law, we deeply understand what you and your family are going through. We will work tirelessly to secure comprehensive compensation for your child’s present and future needs. These damages include:

  • Past and future medical bills
  • Lost wages
  • Pain and suffering
  • Long-term care
  • Loss of earning potential

Remember, every birth injury case is unique, and the specific damages awarded will depend on your child’s circumstances. Munley Law’s Erb’s palsy lawyers will diligently assess your case and fight for the most compensation possible.

What is the Statute of Limitations on Erb’s Palsy Cases?

The statute of limitations varies from state to state and depends on who is filing the claim. For example, if the parents are filing the claim on behalf of their child, they may only have two-three years. However, if the child is filing a claim, the statute may be placed on hold, known as tolling, until the child reaches 18.

Although a few years may seem like you have time to file, it can go by in the blink of an eye. Remember: if you do not file a claim within that time restriction, you’ll lose your rights to compensation. The quicker you file an Erb’s palsy claim, the quicker you can collect the damages awarded.

How Do I Find a Good Erb’s Palsy Attorney For Your Claim?

Finding the right Erb’s palsy lawyer is crucial for securing your child’s future. Here’s what to look for:

  • Experience: Choose a lawyer specializing in birth injuries and Erb’s palsy cases. Look for a proven track record of success in similar cases.
  • Compassion: This journey can be emotionally draining. Seek a lawyer who understands the challenges you’re facing and offers support.
  • Resourcefulness: A good lawyer can access medical experts, financial planners, and other specialists to build a strong case and obtain maximum compensation.
  • Reputation: Ask for recommendations from other families in similar situations. Check online reviews and professional standing for a clear picture of the lawyer’s competence and ethics.
  • Free consultation: Many Erb’s palsy lawyers offer free consultations to discuss your case and assess its potential. Utilize this opportunity to gauge their understanding, communication style, and commitment to your child’s well-being.

How Much Does it Cost to Hire A Birth Injury Lawyer?

At Munley Law, everyone should have access to expert legal services. That’s why our Erb’s palsy attorneys work on a contingency basis, meaning you pay nothing upfront.

We will only get paid if we win a settlement or verdict in your favor. Take the first step towards justice without financial stress – contact Munley Law today for a free consultation.

You’re Not Alone – Call a Munley Today

Erb’s palsy does not have to define your child’s future. Secure the resources and support they need to thrive. Contact a Munley Law experienced Erb’s palsy attorney today – we are ready to fight for your child’s physical and emotional well-being. Call for a free consultation today and take the first step towards a brighter tomorrow.

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