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Home > Birth Injury Lawyer > Erb's Palsy

Erb’s Palsy Lawyer

Erb’s Palsy is a birth injury that results in nerve damage and can require extensive medical intervention for the baby to recover. Even if a full recovery occurs—which is a strong possibility with proper medical treatment—you might face substantial medical bills, not to mention the stress and trauma that go hand-in-hand with having an injured newborn.

If your baby suffered from Erb’s Palsy and you think a negligent doctor might have been responsible, a lawyer from Cordisco & Saile LLC can pursue a medical malpractice claim, helping you win compensation for your economic and non-economic damages. Our personal injury attorneys focus on medical malpractice and have won substantial settlements for many clients.

There is no risk in setting up a consultation to talk to us, as we charge only for results, not for our time. If we do not recover compensation for you, you do not pay us. To set up a free consultation with an Erb’s Palsy birth injury lawyer, call our office at 215-642-2335.

This page has been written and edited by a team of experienced legal writers . This page was approved by Managing Partner, Michael Saile who has more than 20 years of legal experience as a personal injury attorney.

What Is Erb’s Palsy?

Erb’s Palsy is an obstetric brachial plexus disorder resulting from damage to the nerves in a newborn’s upper arms during childbirth. As a result, the baby lacks feeling in the affected arms, hands, and fingers, and often has trouble moving the affected limb at the shoulder or elbow joint or wiggling their fingers.

In severe cases, it can disrupt nerve signals from the spinal cord through the limbs in the upper body, causing paralysis.

Why Does Erb’s Palsy Happen?

Erb’s Palsy generally happens during delivery, in particular during difficult childbirths in which the newborn’s body contorts in an awkward position. Trauma to the brachial plexus nerves during the delivery causes the condition. This trauma can happen in one of several ways.

In many cases, the awkward positioning of the baby’s body during childbirth is largely to blame. If the head and body contort at an unnatural angle as the baby makes its way through the birth canal, excessive stress to the brachial plexus nerves might result. This additional stress can cause the condition.

Negligent doctors or other healthcare professionals can also cause Erb’s Palsy. If the doctor pulls the baby from the birth canal by stretching the baby’s arms over their head, resulting in pressure and stress on the nerves of the upper arm, nerve damage can result.

Regardless how it happened, our birth injury lawyers can investigate and determine if the physician or the medical facility is liable for damages. If so, we can build an evidence-backed case and pursue the responsible party for compensation for your related damages.

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Who Is Responsible for My Baby’s Birth Injury?

In the case of an Erb’s Palsy birth injury, the responsible person could be one of many parties—or it could be no one. Until you speak with one of our attorneys and let us investigate your case and determine exactly what happened, it is difficult to know if someone else might have been responsible for your child’s injury. If someone did cause your child’s injury, and their actions constituted medical malpractice, you are eligible to receive compensation for your economic and non-economic damages.

Potentially responsible parties for your child’s birth injury include:

  • The treating obstetrician or gynecologist;
  • Another member of the medical staff;
  • The nurse or midwife who performed the procedure; and
  • The medical facility where the birth took place.

At Cordisco & Saile LLC, our attorneys conduct a comprehensive investigation to identify all of the potentially responsible parties for your child’s injury. We gather and assemble evidence that proves medical malpractice occurred in your case. Then we pursue the at-fault party for compensation to cover your costs, including your child’s medical treatment.   

What Is the Treatment for Erb’s Palsy?

For severe cases of Erb’s Palsy, surgery is almost always necessary within a few months of birth. Depending on the severity of the condition and the results of the first surgery, a second surgery when your child reaches six months of age could also be necessary. With proper surgical intervention, a baby born with Erb’s Palsy can recover fully by early childhood.

If the nerve damage is mild, a full recovery could be possible using nonsurgical methods, such as physical therapy. This includes gentle massage to the affected area, range of motion exercises, and strength and flexibility movements.

Whether you opt for surgery or nonsurgical intervention for your child, you know that you will be facing substantial medical bills. As your attorneys, our job is to make sure that the responsible party—not you and your family—shoulder these costs and the other expenses you have incurred as a result of this injury.

Can I Recover Damages for Erb’s Palsy Birth Injury?

You could be eligible for several types of damages for your child’s birth injury. These include economic damages—which are specific losses with dollar values—and non-economic damages—which offer compensation for non-monetary damages.

Economic damages you might be eligible to receive include:

  • The cost of surgical or nonsurgical intervention to treat your child’s condition;
  • Time away from work you had to spend while tending to your child; and
  • The cost of future medical care related to your child’s injury.

You also might be able to collect compensation for certain non-economic damages, such as emotional anguish and pain and suffering on behalf of your child.

If we find that the responsible party went beyond mere negligence and demonstrated reckless or malicious behavior, we can pursue punitive damages. Punitive damages offer additional compensation and punish the responsible party for their wrongdoing.

Call 215-642-2335 to Speak With an Erb’s Palsy Birth Injury Lawyer Today.

The legal team at Cordisco & Saile LLC understands Erb’s Palsy and other birth injuries. Our lawyers can protect the rights of you and your baby. Let us help you win the damages you need to ensure your child receives proper medical care to treat their condition. To set up a free consultation, call us today at 215-642-2335.

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