Pittsburgh Erb’s Palsy Lawyers

Has Your Infant Child Been Diagnosed with Erb's Palsy Caused by Negligence?

Erb's palsy is a birth injury that occurs the brachial plexus (a bundle of nerves beneath the shoulder) is damaged during birth. While some cases of Erb's palsy are caused by complications during birth and are unavoidable, others are the result of medical malpractice.

If you think your child may have been injured due to negligent medical care, the attorneys at Robert Peirce & Associates, P.C. are here to help. We understand the hardships facing children with Erb's palsy and are prepared to help you pursue fair and just compensation.

Contact us today online or by telephone at (844) 383-0565 to speak with an experienced Pittsburgh Erb's palsy attorney.

What Causes Erb’s Palsy?

Erb’s Palsy (also called Erb-Duchenne Palsy) is a type of brachial plexus injury that affects the movement and strength of the upper arm and shoulder. It occurs when the brachial plexus—a network of nerves that control the arm and hand—gets stretched, compressed, or torn, often during childbirth. This results in weakness, loss of motion, or even paralysis in the affected arm.

Medical negligence can contribute to Erb’s Palsy when healthcare providers fail to follow proper birthing protocols. Some common negligent actions include:

• Excessive Force During Delivery – If a doctor or midwife pulls too hard on the baby’s head, neck, or shoulders, it can overstretch or tear the brachial plexus nerves.
• Improper Use of Birth-Assisting Tools – Incorrect use of forceps or vacuum extractors can cause excessive traction on the baby's neck and shoulders, increasing the risk of nerve damage.
• Failure to Perform a Timely C-Section – If a baby is too large (macrosomia) or the labor is prolonged and difficult, a C-section may be necessary. Delaying or failing to perform one can result in excessive strain on the baby’s nerves during vaginal delivery.
• Neglecting Shoulder Dystocia Management – Shoulder dystocia occurs when a baby's shoulders get stuck behind the mother's pelvis. If medical staff do not handle it correctly using recognized techniques, it can lead to nerve damage.
• Mishandling a Breech Birth – In breech deliveries (baby born feet or buttocks first), improper handling can cause stretching or tearing of the brachial plexus.
• Failure to Monitor and Recognize Risk Factors – If a healthcare provider does not properly assess risk factors such as maternal diabetes, fetal size, or a history of difficult deliveries, they may fail to take precautions to prevent Erb’s Palsy.

Erb's palsy can place an enormous financial strain on families. Affected children may require physical therapy and, in some cases, multiple surgeries. Our Pittsburgh birth injury attorneys have handled numerous Erb's palsy lawsuits and understand the hardships this condition can cause families. We are dedicated to helping you obtain maximum financial compensation for the hardships you and your child face as a result of medical negligence.

FAQs About Erb’s Palsy Claims in Pittsburgh, PA

What is an Erb’s Palsy medical negligence claim?

An Erb’s Palsy medical negligence claim is a legal case filed against a healthcare provider whose improper actions during childbirth caused a baby to suffer brachial plexus nerve damage. If a doctor, nurse, or hospital staff used excessive force, failed to manage shoulder dystocia properly, or neglected to perform a necessary C-section, they may be held liable for medical malpractice. Families in Pittsburgh, PA, can seek compensation to cover medical expenses, therapy, pain and suffering, and long-term care costs for their child.

How do I know if my child’s Erb’s Palsy was caused by medical negligence?

Determining whether medical negligence caused Erb’s Palsy requires reviewing medical records and consulting with experts. Warning signs of negligence include excessive pulling during delivery, improper use of forceps or vacuum extractors, and failure to respond appropriately to complications like shoulder dystocia. A medical malpractice attorney in Pittsburgh can help assess whether a healthcare provider’s actions deviated from the standard of care, leading to the injury.

What compensation can I receive in an Erb’s Palsy claim?

If your claim is successful, you may receive compensation for various damages, including past and future medical expenses, physical therapy, assistive devices, pain and suffering, and lost earning potential if the injury affects your child’s future employment opportunities. In some cases, families may also be awarded damages for emotional distress and the overall impact on their quality of life. The amount varies based on the severity of the injury and the specifics of the case.

How long do I have to file an Erb’s Palsy claim in Pennsylvania?

In Pennsylvania, the statute of limitations for medical malpractice claims is generally two years from the date of injury or the date the injury was discovered. However, for birth injuries like Erb’s Palsy, a special rule applies: parents can file on behalf of their child until their 18th birthday, and the child can file a claim on their own until they turn 20 years old.

What evidence is needed to prove medical negligence in an Erb’s Palsy case?

To prove negligence, you’ll need medical records documenting the birth process, expert opinions from medical professionals, witness statements, and any evidence showing improper handling of delivery complications. Your attorney may also review hospital policies and compare the healthcare provider’s actions against standard medical practices to demonstrate how negligence contributed to the injury.

Do I need a lawyer to file an Erb’s Palsy claim?

Yes, having an experienced attorney is highly recommended. These cases require in-depth medical knowledge, expert testimony, and legal expertise to prove negligence. Robert Peirce & Associates, P.C. specializes in birth injuries can handle the legal complexities, gather necessary evidence, negotiate settlements, and represent you in court if needed. We offer free consultations and work on a contingency fee basis, meaning you don’t pay unless we win your case.

Discuss Your Claim During a Free Consultation

If you are considering filing a lawsuit, our attorneys will sit down with you free of charge to review your case and share their advice. Erb’s palsy can affect more than just medical costs. Your child should be able to receive the best treatment and assistance possible, and a lawsuit may make this possible. Ask our team about your options to learn more.

Was your child born with Erb's palsy due to a case of medical malpractice? Call us at (844) 383-0565 to speak with an experienced Pittsburgh attorney.