in Birth Injury

Does Erb’s Palsy Qualify as a Birth Injury Lawsuit?

by Raynes & Lawn
family playing with child with erb's palsy in PA

When a newborn suffers from Erb’s palsy, parents are often left wondering if they have grounds for a birth injury lawsuit. This question weighs heavily on families grappling with the physical, emotional, and financial challenges that come with caring for a child affected by this condition. If you’re in Philadelphia and facing this situation, you’re not alone, and there are pathways to seek justice and support.


Raynes & Lawn Trial Lawyers has decades of experience guiding clients through birth injury cases. Our talented and dedicated attorneys can give you personalized and strategic attention. Call our offices today at 1-800-535-1797for your free consultation. 

Understanding Your Legal Rights in Erb’s Palsy Birth Injury Cases

Erb’s palsy, a form of brachial plexus injury, can indeed qualify as grounds for a birth injury lawsuit. This condition occurs when the network of nerves that sends signals from the spine to the shoulder, arm, and hand is damaged during birth. The severity can range from temporary weakness to permanent paralysis, and the impact on a child’s life can be significant.


Tip: Document all medical records and observations about your child’s condition from day one. This information will be crucial if you decide to pursue legal action.

Key Factors in Erb’s Palsy Legal Cases

To determine if your case qualifies for a lawsuit, several factors are considered:

  •  The circumstances of the birth and whether proper medical procedures were followed

  •   The severity of the Erb’s palsy

  •   Evidence of medical negligence or malpractice

  •   The impact on the child’s quality of life and future prospects

Tip: Consult with a Philadelphia birth injury lawyer who is skilled in Erb’s palsy cases to evaluate the strength of your claim.

The Timeline of an Erb’s Palsy Birth Injury Lawsuit: What to Expect

Understanding the timeline of a birth injury lawsuit is crucial for families considering legal action. While each case is unique, there are general stages you can expect:

  1.  Initial consultation with an Erb’s palsy lawyer

  2.   Investigation and gathering of medical evidence

  3.   Filing of the lawsuit

  4.   Discovery phase, where both sides exchange information

  5.   Negotiations for potential settlement

  6.   Trial, if a settlement is not reached

Tip: Be prepared for the process to take several months to years. Patience is key, as thorough preparation can lead to better outcomes.

Statute of Limitations: Time is of the Essence

In Pennsylvania, the statute of limitations for birth injury cases is complex. Generally, you have two years from the date of injury to file a lawsuit. However, for minors,you have until the child turns 20. It’s crucial to act promptly and consult with a Philadelphia birth injury attorney to ensure you don’t miss critical deadlines.

Tip: Don’t delay in seeking legal advice, as gathering evidence becomes more challenging as time passes.

How a Philadelphia Erb’s Palsy Lawyer Can Assist You

Navigating a birth injury lawsuit can be overwhelming, but with the right legal support, you can focus on your child’s care while your case progresses. A skilled Erb’s palsy attorney can:

  •  Evaluate the merits of your case

  •   Gather and analyze medical records

  •   Consult with medical experts to build a strong case

  •   Handle all legal proceedings and negotiations

  •   Fight for fair compensation for your child’s care and future needs

Tip: Look for a lawyer with a track record of success in birth injury cases, particularly those involving Erb’s palsy.

Compensation in Erb’s Palsy Cases

The compensation sought in an Erb’s palsy lawsuit typically covers various aspects of care and impact:

  •  Medical expenses (past and future)

  •   Rehabilitation and therapy costs

  •   Assistive devices and home modifications

  •   Loss of future earning capacity

  •   Pain and suffering

  •   Diminished quality of life

Tip: Keep detailed records of all expenses related to your child’s condition to ensure comprehensive compensation is sought.

The Role of Medical Evidence in Your Birth Injury Case

Strong medical evidence is the backbone of any successful Erb’s palsy lawsuit. Your Philadelphia birth injury lawyer will work to compile a compelling case that may include:

  •  Medical records from prenatal care through delivery and beyond

  •   Expert testimonies from neurologists, obstetricians, and pediatric specialists

  •   Diagnostic imaging results showing the extent of nerve damage

  •   Documentation of treatments and their effectiveness

Tip: Always ask for copies of your child’s medical records and keep a journal of their progress and challenges.

Proving Negligence in Erb’s Palsy Cases

To succeed in a birth injury lawsuit, your legal team must demonstrate that medical negligence led to your child’s Erb’s palsy. This involves showing that:

  1.  A doctor-patient relationship existed

  2.   The healthcare provider failed to meet the standard of care

  3.   This failure directly caused the injury

  4.   The injury resulted in damages

Tip: Be prepared to discuss every detail of your pregnancy, labor, and delivery with your Erb’s palsy lawyer to help build a strong negligence case.

Alternative Dispute Resolution in Birth Injury Cases

Not all Erb’s palsy cases go to trial. Many are resolved through alternative dispute resolution methods such as mediation or arbitration. These processes can be less stressful and more cost effective than a full trial. Your Philadelphia birth injury attorney can guide you through these options and help determine the best course of action for your family.

Tip: Be open to different resolution methods, but ensure your lawyer is prepared to go to trial if necessary to secure fair compensation.

The Emotional Journey of a Birth Injury Lawsuit

Pursuing a legal case while caring for a child with Erb’s palsy can be emotionally taxing. It’s important to have a support system and to work with a compassionate brachial plexus palsy lawyer who understands your challenges. Many families find that the legal process, while difficult, can provide a sense of closure and the resources needed to ensure the best possible care for their child.

Tip: Consider joining support groups for families affected by Erb’s palsy to connect with others who understand your journey.

Recent Developments in Erb’s Palsy Legal Cases

The legal landscape for Erb’s palsy cases is continually evolving. Recent statistics from 2024 indicate that:

  • Approximately 65% of Erb’s palsy lawsuits result in settlements favorable to the plaintiffs

  • The average compensation awarded in successful Erb’s palsy cases has increased by 12% over the past year

These trends underscore the importance of working with an up-to-date catastrophic birth injury attorney who stays abreast of the latest legal developments and can leverage this knowledge to benefit your case.

Tip: Ask potential lawyers about their recent case outcomes and their understanding of the latest trends in birth injury law.

Frequently Asked Questions About Erb’s Palsy Lawsuits

  1. What is the success rate of Erb’s palsy lawsuits?

While success rates vary, recent data suggests that many of Erb’s palsy cases result in favorable outcomes for families when handled by experienced birth injury lawyers.

  1. How long must I file an Erb’s palsy lawsuit in Philadelphia?

In Pennsylvania, you generally have two years from the date of injury, but exceptions exist for minors. Consult a Philadelphia Erb’s palsy lawyer promptly to understand your specific timeline.

  1. Can I afford to hire an Erb’s palsy attorney?

Many birth injury lawyers work on a contingency fee basis, meaning you only pay if you win your case. This makes legal representation accessible to families regardless of their financial situation.

  1. What if my child’s Erb’s palsy was diagnosed late?

Late diagnosis can complicate a case, but it doesn’t necessarily prevent you from filing a lawsuit. A skilled birth injury case attorney can help determine if you still have a viable claim.

  1. How do I choose the right brachial plexus lawyer for my case?

Look for a lawyer with specific experience in Erb’s palsy cases, a strong track record of success, and a compassionate approach to working with families affected by birth injuries.

Work with an Erb’s Palsy Birth Injury Lawyer

If your child has been diagnosed with Erb’s palsy and you believe it may have been caused by medical negligence, it’s crucial to seek legal guidance. A knowledgeable Philadelphia Erb’s palsy lawyer can help you understand your rights, navigate the complex legal process, and fight for the compensation your family deserves. Remember, you’re not just seeking justice; you’re securing the resources needed to provide your child with the best possible care and future.

Don’t hesitate to contact our talented and knowledgeable birth injury lawyers at Raynes & Lawn Trial Lawyers to protect your rights and your child’s future. Justice may be a long process, but the outcome and results our attorneys achieve can make a tremendous difference for your family. Call us today at 1(800) 535-1797 for more information.