The arrival of a baby ought to be a moment of pure celebration. Yet for some Bethesda parents, that joy is shaken when a preventable delivery mistake leaves their newborn with Erb’s palsy.
Our Bethesda Erb’s palsy attorneys at Schochor, Staton, Goldberg and Cardea, P.A. understand the fear, the questions, and the urgent need for answers. We have dedicated decades to helping families secure the resources and peace of mind required to give their children the brightest future possible.
Call our Bethesda Erb’s palsy attorneys now at (443) 909-2792 for a free, no-obligation consultation or send us your details through our secure form and get answers within hours.
What Is Erb’s Palsy and Why Does It Happen?
Erb’s palsy is a brachial-plexus nerve injury that weakens or paralyzes a child’s shoulder and arm. Roughly 1 to 2 of every 1,000 U.S. births involve this condition. The damage usually occurs during a difficult vaginal delivery when excessive stretching tears or bruises the nerves. Early physical therapy may restore partial function, but many children need surgery, lifelong treatment, or adaptive devices. Understanding the medical “why” is the first step toward proving legal responsibility.
How Medical Negligence Causes Erb’s Palsy in Newborns
Most brachial-plexus injuries are avoidable when clinicians follow established delivery protocols. Our attorneys reveal the hidden errors that often cause lasting harm:
Shoulder Dystocia Mismanaged
A baby’s shoulder lodges behind the mother’s pelvis. If staff ignore warning signs or skip proper maneuvers, forceful traction can rip delicate nerves.
Breech Delivery Complications
Breech presentation should trigger careful planning or a C-section. Attempting a risky feet-first delivery without adequate precautions amplifies the chance of nerve damage.
Excessive Traction or Improper Tools
Forceps, vacuum extractors, or even aggressive manual pulling can apply dangerous torque to the neck and shoulder. “Gentle” traction is the standard of care; anything stronger can constitute malpractice.
Delayed or Denied C-Section
Large baby, fetal distress, or stalled labor signals the need for surgical delivery. Waiting too long traps the infant in a tight birth canal and often ends with frantic pulling that injures the brachial plexus.
Could My Child’s Erb’s Palsy Have Been Prevented?
With vigilant prenatal care and prompt decisions in the delivery room, most Erb’s palsy injuries never occur. Less obvious errors include:
- Ignored maternal diabetes leading to macrosomia that called for a planned C-section.
- Undiagnosed oligohydramnios that produced a rushed, high-risk delivery.
- Poorly supervised VBAC where escalating complications should have halted labor.
- Improper fundal pressure or communication breakdowns among fatigued staff.
If any of these scenarios sound familiar, the injury was probably not your fault—and legal action may be the only path to lifelong care for your child.
Why Your Family Needs a Bethesda Erb’s Palsy Attorney
A malpractice claim is complex, expert-driven, and fiercely defended by hospital insurers. We:
- Investigate every record, fetal monitor strip, and operative note with leading medical experts.
- Prove negligence under Maryland law and counter common hospital defenses.
- Value losses that include surgeries, therapy, special education, and a lifetime of diminished earning capacity.
- Negotiate or litigate relentlessly—our firm has recovered over $1 billion in verdicts and settlements for medical negligence victims.
- Lift the burden so parents can focus on their child’s healing, not paperwork and legal deadlines.
Local knowledge matters. We routinely handle claims involving Suburban Hospital on Old Georgetown Road, Walter Reed National Military Medical Center, and other Montgomery County delivery facilities. Our trial team knows the judges, the courthouse, and the rules that shape Bethesda cases.
Meet Our Attorneys
Jonathan Schochor
Co-founding partner Jonathan Schochor has spent 35 years holding negligent healthcare providers accountable. Twice named Maryland Trial Lawyer of the Year, he leads groundbreaking cases that change hospital safety practices statewide.
Kerry Staton
Kerry Staton is nationally recognized for securing multimillion-dollar recoveries in birth-trauma litigation. Families praise his warmth, meticulous preparation, and unwavering commitment to securing their children’s futures.
Together, our Bethesda Erb’s palsy lawyers build every case as if it were for their own family.
Real Clients, Real Results
“Schochor, Staton, Goldberg and Cardea provided me with a team of litigators who were extremely knowledgeable and always willing to listen to my concerns, respond to emails and answer calls to ensure I understood all aspects of the case. With Schochor, Staton, Goldberg and Cardea you receive exactly what’s needed…expert representation with integrity and professionalism at a time when you need it most.” – Stephanie D.
“Great group of attorneys! If I could give 10 stars I would. Their attention to detail, responsiveness and client care is second to none. Highly recommend Schochor, Staton, Goldberg and Cardea for any medical malpractice needs.” – Haley H.
What Compensation Can We Recover for Erb’s Palsy?
Maryland law allows recovery for:
- Past and future medical costs, surgeries, and physical therapy.
- Adaptive equipment and home modifications.
- Specialized schooling and vocational training.
- Lost wages for parents who must leave work to provide care.
- Pain, suffering, and loss of life’s pleasures for the child.
Our attorneys partner with pediatric neurologists, life-care planners, and economists to calculate full lifetime needs so families never pay out-of-pocket for a hospital’s mistake.
Frequently Asked Questions (FAQs)
Is Erb’s palsy always caused by medical malpractice?
No. Difficult deliveries can injure nerves even with perfect care, but many cases stem from preventable errors such as excessive traction or failure to order a timely C-section. We review records to spot red flags.
How do I file an Erb’s palsy lawsuit in Maryland?
Begin with a free consultation. We obtain records, secure expert certificates, and file the claim with Maryland’s Health Care ADR Office before moving to court. Most cases settle, but we prepare every file for trial.
How long do I have to sue for a birth injury in Maryland?
Generally, parents can file until the child’s 11th birthday, but evidence fades quickly. Starting early strengthens your claim and eases financial pressure sooner.
What is the average settlement for an Erb’s palsy case?
Values vary according to injury severity and future care costs. Many Bethesda cases resolve in the high six or seven figures, reflecting decades of therapy and lost earnings.
How much does it cost to hire an Erb’s palsy lawyer?
We work on a contingency basis. No legal fee unless we win compensation. Our firm advances all costs, and your first consultation is free.
Will my doctor be punished if I file suit?
Malpractice claims seek financial accountability, usually paid by the provider’s insurer. Hospitals may review safety protocols, but they cannot deny future care because you asserted your child’s rights.
Take the First Step Toward Justice
Your child’s injury was not inevitable, and it was not your fault. Call our Bethesda Erb’s palsy lawyers at (443) 909-2792 today or complete our secure online form for a free, no-obligation consultation. We are available 24/7, ready to meet in our Bethesda office near Rockville Pike and I-495, at your home, or even at the hospital. Our team will shoulder the legal burden so your family can focus on hope, healing, and a lifetime of possibilities.
You fought to bring your child into the world. Let us fight to give them the future they deserve.