Three Common Reasons Your Erb's Palsy Claim Isn't Performing (And Solutions To Resolve It)

DWQA QuestionsCategory: QuestionsThree Common Reasons Your Erb's Palsy Claim Isn't Performing (And Solutions To Resolve It)
Dawn Ramsey asked 4 weeks ago

Erb’s Palsy Law Firm

A child suffering from erb’s systy can have devastating effects on families. If you believe that medical negligence caused the brachial injury of your child during birth, contact a erb’s Palsy law firm for free consultation.

An attorney will review the case and estimate the value of the case by calculating future medical costs. This will help you determine the worth of your claim for potential settlement.


Erb’s palsy is caused by the bundle (the brachialplexus) of nerves in the neck is damaged. These nerves are responsible for shoulder, arm and hand movements and sensation. Erb’s Palsy causes weakness, numbness or paralysis of the arm and shoulder.

This condition can be caused by a variety of medical errors during birth and delivery. This includes the use of forceps, a premature C-section or the use of a vacuum extractor in order to deliver the baby vaginally. However, a majority of cases of erb’s spalsy are entirely preventable. Doctors, nurses, midwives and other medical professionals are held to an obligation to provide an excellent standard of care in the delivery room. They must ensure the baby’s shoulders are delivered via the vaginal canal and they do not get stuck or become lodged in the pelvic bone of the mother’s.

Some researchers suggest that Erb’s palsy can be the result of contractions in the mother or the position of pregnant women. These theories haven’t been proved. To prevail in a case of medical malpractice, plaintiffs need to show that the doctor’s omission from the accepted standard of care caused their injury.

A birth injury lawyer can assist you if you believe that your child is suffering from an injury that is preventable, like the erb’s syndrome. A successful lawsuit could award your family with financial compensation to cover the medical expenses of your child as well as provide you with a sense of closure.


Erb’s Palsy is caused by injuries to the brachial plexus which is a network of nerves in the shoulder and arm. These nerves can be stretched or strained by the difficulty of delivering. The signs of this condition include weakness or paralysis in the affected arm. Doctors are responsible for properly diagnosing this condition as quickly as is possible.

The most frequent reason for this is difficulties during childbirth. This is typically the case when the size of the fetus exceeds than expected for vaginal delivery or when the baby’s shoulders become stuck during birth. This is known as shoulder dystocia. It’s one of the main risk factors for Erb’s palsy.

If a physician uses excessive force or fails to identify the shoulder dystocia, it could cause injury to the upper nerves in the brachial plexus. This can cause erb’s palsy lawyers palsy. The doctor is accountable for any injury that is caused by negligence.

You must establish that your injuries were caused by the doctor’s deviance from the accepted medical practices in order to win the case of medical malpractice. In the case of Erb’s palsy, you must demonstrate that the doctor’s actions or inactions led to your child suffering an injury to the upper brachial plexus nerves. This is a typical claim that could result in a substantial award and life-time treatment for your child.


In the majority of cases, it is better to treat and diagnose the problem immediately. If it is not treated the condition can progress into permanent tightening muscles (contractures) or Erb’s Palsy Law Firm even complete or partial paralysis. Physical therapy and sometimes surgery are the most commonly used treatments.

Marc J. Bern & Partners, an experienced Erb’s Palsy law firm, studies possible claims and lawsuits on behalf of children who have been diagnosed with brachial plexus injury caused by medical negligence at birth in the United States. We encourage families to seek an assessment of their case and an appointment for a free consultation.

While nurses, doctors and other healthcare professionals are trained to safely deliver babies however, complications could arise. If complications arise, a physician must act immediately to ensure the safety of mother and child. Unfortunately many medical professionals fail to do the right thing.

In the event of a complicated birth one may need to apply a certain amount of force to assist the baby move through the birth canal. This could cause the baby’s nerves be damaged when the neck is accidentally stretched.

Doctors may employ a variety of tests, including X-rays and ultrasounds, as well as physical examinations to determine the severity of the injury and the extent of nerve damage. A doctor can also prescribe various medications to alleviate discomfort and pain and occupational or physical therapy to restore movement.


The expense of medical treatment for children with Erb’s Palsy can be incredibly high. A successful lawsuit may give a family the financial means to pay for the care they require. A lawyer with experience in the field of Erb’s Psy will maximize the compensation that families receive.

If a baby is diagnosed with Erb’s’Palsy’, the condition can impact every aspect of their life. It could prevent their ability to work, it can limit the amount of time they can spend with their parents and it can cause emotional trauma.

Erb’s Palsy Law claims could be made to cover the expenses of treatment, loss of earnings, and the impact the injury will have on a child’s daily activities. The claims can also be made for the pain and suffering caused by the injury. The amount paid will reflect this.

A successful case will show that the doctor was negligent. This will be shown by demonstrating a departure from the standard practice and how this resulted in your child’s injury. Every case is unique and it could take a long time to win an Erb’s-Palsy lawsuit. Families should contact an attorney as soon as they can to avoid not meeting the deadline to file an action. A lawsuit filed late could be barred by the Statute of Limitations.