Erb's Palsy Medical Malpractice

Erb’s palsy is a type of birth injury that can cause numbness and weakness in a newborn's elbows and shoulders. In many cases, Erb’s palsy is a result of medical malpractice or negligence on the part of a health care professional.

If you believe that your child’s injury was caused by medical personnel, you may be eligible for compensation from an Erb’s palsy malpractice lawsuit. Call (800) 995-1212 now to learn more.

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How Does Medical Malpractice Cause Erb’s Palsy?

Erb’s palsy is a type of brachial plexus injury. The brachial plexus is a network of nerves responsible for feeling and movement in the upper extremities. In cases of Erb’s palsy, the upper nerves connected to the shoulder and elbow muscles are stretched.

When Erb’s palsy occurs during infancy, it’s often due to some form of medical error during the labor and delivery process.

Examples of medical malpractice that may cause Erb’s palsy include:

  • Excessive force: If a doctor uses excessive force when pulling the baby from the birth canal, it may stretch nerves in the baby’s neck and result in Erb’s palsy. This is especially common in instances of shoulder dystocia, when the baby’s shoulder becomes stuck in the birth canal.
  • Failure to perform a C-section: Complicated deliveries can arise from various scenarios, like if a newborn is larger than normal or if the baby is breech (when the baby's positioned feet or bottom down in the birth canal). If a doctor fails to order a cesarean section when needed, nerve damage may occur during birth.
  • Misuse of medical instruments: Improper use of forceps or vacuum extractors can injure the nerves in a baby’s neck and lead to weakness in the shoulder, arm, or hand.

If you suspect your child has Erb’s palsy as a result of medical malpractice, contact Sokolove Law today for a free legal case review.

Get the Help Your Child Deserves

If you have a case, our Erb's palsy lawyers can fight for the compensation your family deserves.

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Why You Can Sue for Erb’s Palsy & Brachial Plexus Injuries

In cases of medical malpractice, the direct actions — or inactions — of health care providers can contribute to a newborn developing Erb’s palsy.

In these situations, doctors or other medical personnel failed to meet a certain standard of care and may be held legally responsible for the harm they caused as a result.

Erb’s palsy can cause paralysis, weakness, or numbness in a baby’s shoulder and elbow, making it difficult for them to use their affected arm. Erb’s palsy treatment may involve surgery, physical therapy, or occupational therapy.

The costs of treatment can quickly pile up. However, filing an Erb’s palsy lawsuit may provide some financial relief and cover mounting medical bills.

In order to file a lawsuit for Erb’s palsy medical malpractice, your legal team must be able to show: 

  • An injury during or immediately following birth contributed to your child’s condition
  • The birth injury could have been prevented
  • Medical professionals were responsible for the injury

At Sokolove Law, we have registered nurses on staff that can work with you to determine if medical malpractice could have played a role in your child’s injury.

Fill out our contact form today for a free legal case review. Our team is here to help answer any questions you may have.

How to File an Erb’s Palsy Malpractice Lawsuit

As a national birth injury law firm, Sokolove Law has worked with thousands of families across the country to help them pursue justice and compensation.

If you have a case, our team will handle every step of the legal process for you, so you can focus on your child’s well-being. This generally includes:

  • Determining Your Eligibility: Our team will provide you with a free case review to determine if you may be eligible to file an Erb’s palsy malpractice lawsuit.
  • Investigating and Building Your Case: We have lawyers, nurses, and investigators on staff who will collect evidence showing a preventable birth injury caused your child to develop Erb’s palsy.
  • Filing Your Erb’s Palsy Medical Malpractice Claim: After gathering medical documents and testimonies, an Erb’s palsy lawyer will file your claim within any state deadlines.
  • Negotiating Erb’s Palsy Settlements on Your Behalf: Our team will work to negotiate Erb's palsy malpractice settlements with the hospital or medical professionals responsible for your child’s birth injury.

Compensation from an Erb’s palsy lawsuit can help you pay for medical costs related to your child’s injury, while holding the hospital or negligent health care professionals accountable.

Get Help Paying for Treatment

If your child’s birth injury was the result of a medical mistake, we may be able to fight for compensation from an Erb's palsy lawsuit on your behalf. Let us get you the results you deserve.

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Our Past Erb’s Palsy Medical Negligence Settlements

As of June 2024, our birth injury lawyers have secured over $917 Million for families with children who suffered injuries caused by medical negligence, including Erb’s palsy.

Some of our Erb’s palsy settlements and verdicts for malpractice include: 

  • $4.5 Million for the family of a child in Illinois
  • $2.75 Million on behalf of a family in Pennsylvania
  • $1.99 Million on behalf of a family in New York
  • $975,000 for a 6-year-old boy in Florida
  • $950,000 for a 5-year-old girl

Our Erb’s palsy attorneys will fight hard for the most compensation possible in your case. Let us get you everything you're entitled to.

Call (800) 995-1212 now to see if you may be eligible to file an Erb’s palsy malpractice lawsuit.

Get Help from Our Erb's Palsy Medical Malpractice Lawyers

If your child was injured due to the negligence of a health care professional, you may be able to pursue compensation from a medical malpractice lawsuit for Erb’s palsy.

At Sokolove Law, we have over 45 years of experience helping families across the country pursue the justice and compensation they deserve — for no hourly fees or out-of-pocket costs. Our Erb’s palsy lawyers only get paid if you do.

A client meets with their lawyer to discuss the details of their caseOur birth injury attorneys pride themselves on being compassionate and knowledgeable. If medical malpractice resulted in your child developing Erb’s palsy, we will work hard to prove the facts of your case.

Let our team fight for your family. Call (800) 995-1212 now for a free, no-obligation consultation.

Erb's Palsy & Brachial Plexus Injury Malpractice FAQs

Can you sue a doctor for Erb’s palsy?

Yes, potentially. If a doctor or health care professional’s negligence contributed to your child developing Erb’s palsy, you may be able to file an Erb’s palsy malpractice lawsuit.

At Sokolove Law, we have registered nurses on staff that can work with you to determine if medical malpractice could have played a role in your child’s injury.

Call (800) 995-1212 now to learn more about your legal options for free.

Is Erb's palsy medical negligence?

While Erb’s palsy does not always result from medical negligence, the majority of Erb’s palsy cases are caused by a preventable birth injury.

For example, Erb’s palsy is often caused by excessive pulling on a child during a difficult delivery.

Can you file a claim for Erb's palsy caused by medical malpractice?

Potentially, yes. You may be able to file a claim for Erb’s palsy if your child’s injury was the result of medical malpractice.

Filing an Erb’s palsy lawsuit can secure compensation to help pay for medical bills, physical therapy, and more.

What is the average settlement for Erb's palsy medical malpractice?

Erb’s palsy settlement amounts for medical malpractice will vary depending on many factors, including the severity of the injury and the degree of the malpractice involved.

Our birth injury lawyers will fight for the maximum compensation available in your case — and we've recovered over $917 Million for families impacted by preventable birth injuries.

Call (800) 995-1212 today to learn if you are eligible to pursue compensation through an Erb’s palsy negligence lawsuit.

How long do you have to file an Erb's palsy medical malpractice claim?

You only have a limited amount of time to file an Erb’s palsy malpractice lawsuit due to unique laws in each state known as the statute of limitations.

Once this deadline passes, you will no longer be able to take legal action for your child’s birth injury. 

Contact Sokolove Law now to learn about the options available to you based on the specifics of your case.

What is a brachial plexus injury?

A brachial plexus injury is when the nerves connecting your spinal cord to your shoulder, arm, and hand are damaged.

Erb’s palsy is one of the most common types of brachial plexus injury to occur during birth.

What are the signs and symptoms of an Erb’s palsy birth injury?

Erb’s palsy may be evident at birth, but symptoms may also become more obvious as the child gets older.

Signs and symptoms of Erb’s palsy may include:

  • Difficulty bending the elbow
  • Difficulty lifting the arm
  • Numbing or tingling in the hand or arm
  • Paralysis and limpness of the arm and shoulder
  • Palms that point backwards and fingers that curl
  1. Cleveland Clinic. “Erb’s Palsy.” Retrieved from: Accessed on April 14, 2023.
  2. Johns Hopkins Medicine. “Brachial Plexus Injury.” Retrieved from: Accessed on April 14, 2023.
  3. Mayo Clinic. “Brachial plexus injury.” Retrieved from: Accessed on April 14, 2023.
  4. National Library of Medicine. “Erb’s palsy — Who is to blame and what will happen?” Retrieved from:'s%20palsy%20resolves%20completely%20in,weeks%20of%20birth%20(5). Accessed on April 14, 2023.