When a preventable birth injury changes a child’s future, Munley Law’s Pittsburgh Erb’s palsy lawyers can help your family pursue justice. We understand how overwhelming this diagnosis can feel, and we’re here to guide you with clarity, compassion, and proven legal strength.
For nearly seven decades, our nationally recognized trial lawyers have secured landmark verdicts and settlements in complex medical malpractice cases. With multiple Million Dollar Advocates Forum members and consistent recognition from Best Lawyers and Super Lawyers, we bring trusted experience to every case.
Our Pittsburgh birth injury lawyers investigate what went wrong, consult leading medical experts, and fight for full and fair compensation. Contact Munley Law today for a free consultation and learn how we can fight to protect your best interests after a birth injury.
Call Us At 844-686-5397 What Is Erb’s Palsy and How Does It Affect Newborns?
Also known as Erb-Duchenne paralysis, Erb’s palsy is one of multiple possible brachial plexus injuries. The brachial plexus is a network of nerves with roots in the neck, upper torso, and spine. This bundle of nerves ultimately connects to nerves in the arm and allows for arm movement. According to the Mayo Clinic, when nerve damage occurs in these areas, it can result in Erb’s palsy, characterized by paralysis or extreme weakness in the arm.
Because of how the brachial plexus nerves function, a child with Erb’s palsy may be able to move their shoulder and fingers on the impacted side but have no muscle control or ability to move the arm itself; the impacted arm also may feel extremely numb.
The good news is that, according to research in the National Library of Medicine, children with Erb’s palsy can be improved and even cured if treatment begins in the first two weeks of life. This study found that in cases where physical therapy and medical treatment began this early, more than 80% of children with Erb’s palsy were cured.
That being said, not all cases are cured. And even with those that are, a huge amount of time and money must be spent to achieve maximum results. Filing a birth injury claim if the circumstances around the injury qualify as a medical error can be a way to pursue compensation and receive damages for the high costs associated with treatment.
What’s the Difference Between Erb’s Palsy and Cerebral Palsy?
Like cerebral palsy, Erb’s palsy can result in a birth injury. However, cerebral palsy can result in brain damage in the infant and may affect the child’s life. A brachial plexus injury, on the other hand, may improve within a few weeks following the birth injury.
However, both injuries can result from medical negligence by a medical professional. To determine whether a healthcare provider caused your child’s injury, it’s important to speak with our Pittsburgh attorneys as soon as possible.
What Causes Erb’s Palsy During Labor and Delivery?
While Erb’s palsy can be sustained in other ways, it is most often a type of birth injury caused during labor and delivery. In some cases, it’s unavoidable — for instance, it can be caused by the way the baby was positioned in the uterus, such as behind the pelvic bone. However, in other cases, it can be caused by medical negligence.
Some examples of medical negligence that can lead to Erb’s palsy include:
- The healthcare provider pulls the baby’s head sideways as they exit the birth canal
- Failing to order a C-section when there are signs of fetal distress results in a more complicated and dangerous delivery
- Pulling too hard or using excessive force on the baby’s shoulders can cause injury during childbirth
Sometimes, shoulder dystocia can lead to Erb’s palsy. Shoulder dystocia occurs when one or both of the baby’s shoulders get stuck during delivery, either due to the baby’s position in the birth canal or because excessive force is used during delivery.
What Are the Symptoms of Erb’s Palsy?
Signs and symptoms of Erb’s palsy include:
- Paralysis, limpness, or lack of muscle control in the arm and shoulder. This means the baby may be unable to lift or bend their arm.
- Abnormal sensations like numbness and tingling in the arm and hand.
- The hand is stuck in the waiter’s tip hand position (the fingers curl towards the back of the hand, forming a U-shape.
If your child suffers from any of these signs or symptoms, it’s best to begin documenting anything that may help you build a case. This includes:
- Keeping all medical records, including a record of all medical appointments
- Taking photographs or videos of your child exhibiting any of the symptoms
- Work with a lawyer to ensure you’re gathering all necessary evidence
Is Your Child’s Erb’s Palsy a Result of Medical Malpractice?
Some cases of brachial plexus injury are unavoidable and not the fault of any healthcare professionals involved in the child’s birth. However, others are preventable and are the result of negligence. So, what exactly does negligence look like in the context of a birth injury like Erb’s palsy?
In medical malpractice cases, negligence is when a medical practitioner deviates from the standard of care. This is usually defined by whether or not a reasonable doctor, given the same or similar circumstances, would have acted in the same fashion as the doctor in question. For instance, in the case of a birth injury, would another doctor (with a similar level of training and experience) have done something different to prevent the injury? Or would they have made all the same choices? Asking this question helps determine whether a doctor meets the standard of care they are obligated to uphold.
When negligence does occur, the consequences can be something like Erb’s palsy: an uncomfortable, disabling condition that requires ongoing care.
If your child has suffered a birth injury in Allegheny County, and you believe it may be the result of medical malpractice, contact an attorney today. Working with an experienced Pittsburgh medical malpractice lawyer is the best path toward securing maximum compensation for your family.
What Compensation is Available for Erb’s Palsy Cases in Pittsburgh?
More broadly, there are two overarching categories of financial compensation in medical malpractice and personal injury cases: economic and non-economic.
Economic Damages
Economic damages refer to all losses with specific and definitive monetary value. This includes things like lost wages, medical bills, the cost of ongoing medical care and rehabilitation services, and more.
Noneconomic Damages
Non-economic damages, conversely, refer to losses that are less tangible but still entirely deserving of compensation. When your child suffers from a birth injury, it takes a huge mental and emotional toll on the entire family. Non-economic damages are intended to compensate for pain and suffering, emotional distress, and more.
Who Can File an Erb’s Palsy Lawsuit in Pennsylvania?
If the person injured is a minor, their parents or legal guardian may file a medical malpractice claim. In Pennsylvania, under 42 Pa. C.S.A. § 5524(2), the statute of limitations for these cases is two years, meaning guardians have two years from the date of the injury to file the claim.
However, there is an exception. If a guardian does not file a claim, the child has until two years after their 18th birthday to file, regardless of when the injury happened.
How Do Our Pittsburgh Birth Injury Lawyers Handle Erb’s Palsy Claims?
The legal process of seeking fair compensation in a birth injury case can seem convoluted, but Munley Law will guide you through each step, ensuring you understand exactly what’s happening.
What Steps Are Involved in Filing an Erb’s Palsy Lawsuit?
The general steps for taking legal action in an Erb’s palsy case include:
- Hiring a birth injury attorney
- Requesting your medical records
- Speaking with the care provider, you believe to be negligent (with your lawyer)
- Filing a complaint with the licensing board
- Negotiate with the defendant to reach a settlement
- Going to trial if a settlement cannot be reached
- Outline the legal process for pursuing a birth injury lawsuit in Pittsburgh
Additionally, Pennsylvania law dictates that you must have your medical records reviewed by a medical expert. This expert will determine if the doctor deviated from the standard of care and whether you have grounds to claim that they exhibited negligence.
Working with our birth injury lawyers is the best way to ensure you meet every one of these steps successfully and in a timely fashion.
Frequently Asked Questions About Erb’s Palsy Claims in Pittsburgh
How Long Does It Take to Resolve an Erb’s Palsy Lawsuit?
Erb’s palsy cases can take several months to a few years, depending on the complexity and whether the case settles or goes to trial. Cases involving extensive medical evidence or expert testimony may take longer. An experienced attorney can often negotiate a settlement more efficiently, but timelines vary based on the facts and the defendant’s willingness to cooperate.
Can Erb’s Palsy Be Diagnosed After Leaving the Hospital?
Yes, although many cases are identified immediately, some symptoms may become more noticeable in the days or weeks following birth. Parents may notice weakness, limited movement, or unusual arm positioning. If you suspect a problem, seek medical evaluation as soon as possible to ensure early intervention.
What Medical Experts Are Involved in Erb’s Palsy Cases?
These cases often rely on testimony from obstetricians, pediatric neurologists, and rehabilitation specialists. Their role is to determine whether the standard of care was followed. Expert opinions are also required under Pennsylvania law to proceed with a medical malpractice claim.
Is Physical Therapy Always Required in Erb’s Palsy?
Physical therapy is a cornerstone of treatment and often begins within weeks of diagnosis. Early therapy can significantly improve mobility and strength. Some children may recover fully, while others may require long-term rehabilitation or surgery.
Can Erb’s Palsy Lead to Permanent Disability?
While many children recover, some experience lasting weakness, limited range of motion, or nerve damage. Some cases may require surgical intervention. Long-term effects can impact a child’s development and quality of life, making compensation critical.
Do All Difficult Births Result in Malpractice Claims?
No, not all birth complications are due to negligence. Some risks are unavoidable, even with proper care. A claim is only valid if a healthcare provider failed to meet the accepted standard of care.
Consult a Skilled Pittsburgh Erb’s Palsy Attorney Today
A preventable birth injury can leave families facing emotional stress, uncertainty, and mounting medical costs. When Erb’s palsy is linked to medical malpractice, you have the right to seek answers and hold negligent providers accountable.
At Munley Law, we bring nearly 70 years of experience handling complex medical malpractice and birth injury claims. Our personal injury attorneys have earned national recognition from organizations such as Lawyers of Distinction and have secured significant verdicts and settlements in high-stakes cases, including those involving catastrophic injuries. We work closely with leading medical experts to investigate what went wrong and build a strong case on your behalf.
You should be able to focus on your child’s care and recovery – not the legal burden resulting from someone’s negligence. We handle every step of the process, from gathering evidence to negotiating or litigating for full compensation.
If you believe your child’s injury could have been prevented, don’t wait. Contact Munley Law today for a free consultation and learn how we can advocate for your family’s future.
Caroline Munley
Caroline Munley is one of the Top 25 Medical Malpractice Trial Lawyers in Pennsylvania as ranked by the National Trial Lawyers Association. A fierce and compassionate voice for medical malpractice victims, Caroline has, in her career as a medical malpractice lawyer, assisted in several multimillion-dollar settlements and verdicts. Caroline has additionally been twice honored by the National Trial Lawyers Association in Pennsylvania, once as a Top 100 Trial Lawyer and second as a Top 25 Women Trial Lawyer.
