Birth injuries shake a family’s sense of safety. Our Frederick Erb’s palsy attorneys, Jonathan Schochor and Kerry Staton, understand the worry that follows a frightening delivery. We have spent decades investigating hospital mistakes, explaining complex medical records, and fighting for the resources children need to thrive.
While most of the 2,400 annual births at Frederick Health Hospital proceed safely, a single mismanaged delivery can leave a newborn with lasting nerve damage. Below we answer the questions parents ask most and explain why prompt legal action matters.
Your child’s future matters today. Call our Frederick Erb’s Palsy attorneys at (443) 909-2792 for a free, compassionate case review. Our attorneys will take it from there.
What is Erb’s Palsy?
Erb’s palsy is a brachial plexus nerve injury that weakens or paralyzes a baby’s shoulder and arm. The condition occurs when nerves near the neck stretch or tear during delivery, often after shoulder dystocia. Roughly 1-3 of every 1,000 U.S. births result in this injury, and the outcome ranges from temporary weakness to permanent loss of movement. Early therapy can improve function, but severe cases sometimes require nerve graft surgery.
Why Do Erb’s Palsy Birth Injuries Occur?
Most Erb’s palsy injuries are preventable medical errors. Shoulder dystocia, large birthweight (macrosomia), improper use of forceps or vacuum extractors, and risky breech vaginal deliveries place excessive traction on a newborn’s neck. Obstetricians have proven strategies, such as timely cesarean sections or accepted delivery maneuvers, to avoid overstretching the nerves. When doctors ignore risk factors or apply excessive force, the resulting harm can amount to malpractice, even in respected Frederick hospitals.
How Is Erb’s Palsy Different From Cerebral Palsy or Other Birth Injuries?
Erb’s palsy is a localized nerve injury, while cerebral palsy stems from brain damage. Children with Erb’s palsy struggle with arm mobility yet typically meet mental milestones, whereas cerebral palsy can impair muscle tone throughout the body and last a lifetime. Distinguishing these diagnoses shapes both medical care and legal strategy, because the evidence proving delivery-room negligence differs.
Could Undiagnosed Gestational Diabetes Have Played a Role?
Undiagnosed or poorly controlled gestational diabetes often leads to macrosomia. A larger baby increases the chance the shoulder will lodge behind the mother’s pelvis, putting the brachial plexus at risk if excessive force is used. Standard obstetric practice requires regular glucose testing and careful birth-plan adjustments. Failure to diagnose or manage diabetes, and the resulting nerve injury, may constitute negligence.
How Can a Prolonged Second Stage of Labor Cause Erb’s Palsy?
The second stage of labor is the pushing phase. When this stage drags on, fetal distress rises and physicians may attempt forceful extractions. If they wait too long to intervene or pull too hard, the child’s shoulder nerves can tear. Hospitals set protocols for prolonged labor. Ignoring them can leave providers liable for birth injuries.
Can Mismanaged Breech Deliveries Lead to Erb’s Palsy?
Breech babies present feet or bottom first, making vaginal delivery inherently risky. If an obstetrician proceeds without a compelling reason or mishandles the baby’s arms and neck, brachial plexus nerves can stretch. Most guidelines call for rotating the fetus before labor or scheduling a cesarean section. Choosing a hazardous method without adequate safeguards can be malpractice.
How Can a Frederick Erb’s Palsy Lawyer Help My Family?
Legal representation protects your child’s future. A Frederick Erb’s palsy attorney investigates delivery records, consults OB/GYN and pediatric neurology experts, and identifies deviations from accepted medical standards. We prepare the required Maryland certificate of merit, manage insurer negotiations, and file suit within all deadlines. Our compassionate team shoulders the legal burden so families can focus on caregiving.
What Compensation Might Be Available?
Families may recover economic damages, past and future medical bills, surgeries, therapy, adaptive devices, and non-economic damages for pain, suffering, and diminished quality of life. Severe cases may include future lost earning potential and home-modification costs. No two injuries are identical, but our attorneys pursue the maximum recovery to secure a child’s lifelong care.
How Do I Know If Medical Malpractice Caused My Child’s Erb’s Palsy?
Warning signs often appear quickly. Immediate limpness in an arm, medical staff referencing shoulder dystocia, or unexpected use of forceps suggest traction on the nerves. A smooth pregnancy followed by an unexplained birth injury also raises red flags. A thorough legal review of prenatal records, labor progress notes, and fetal monitoring strips can reveal whether accepted protocols were breached.
What If the Hospital Claims the Injury Was Unavoidable?
Hospitals frequently argue that brachial plexus injuries sometimes occur despite proper care. Evidence shows, however, that meticulous delivery planning and technique prevent most cases. Our attorneys challenge these defenses by demonstrating safer alternatives, such as a scheduled C-section or recognized McRoberts maneuver, that would likely have avoided nerve damage.
How Long Do I Have to File an Erb’s Palsy Lawsuit in Maryland?
Maryland generally requires medical malpractice actions to be filed within five years of the injury or three years from discovery, whichever is earlier. Although minors enjoy limited extensions, evidence fades quickly. Engaging a Frederick birth-injury lawyer soon after diagnosis preserves records and meets the state’s pre-suit expert certificate requirement.
Why Choose Schochor, Staton, Goldberg and Cardea, P.A.?
Experience matters. Jonathan Schochor, a nationally recognized trial lawyer with 40 years of medical malpractice litigation, and Kerry Staton, an award-winning advocate with more than three decades of birth-injury success, lead our team. We have secured numerous multi-million-dollar results for brachial-plexus injuries and maintain nurse consultants who translate complex records into clear evidence. Families appreciate our “We Speak Doctor” approach, aggressive court strategy, and contingency-fee promise: we collect no fee unless we win.
“I am so glad I chose this firm! They make the process appear easy. Jim Cardea and his team were very receptive to my feedback as a client, responsive and quick to provide updates, and accommodating. I highly recommend contracting with them for your needs. They were present during difficult times which made me feel at ease.” LA Jones
About Your Frederick Erb’s Palsy Attorneys
Jonathan Schochor, Founding Partner
A seasoned courtroom strategist, Jonathan has devoted four decades to holding healthcare systems accountable and has been repeatedly honored among Maryland’s top litigators.
Kerry D. Staton, Founding Partner
Known for meticulous preparation and empathetic client care, Kerry has earned landmark verdicts for birth-injury victims statewide and lectures on obstetrical negligence.
Schedule a Free Consultation With a Frederick Erb’s Palsy Lawyer
Help starts with a conversation. Call (443) 909-2792 or use our contact form for a no-obligation case review. We will listen to your story, explain your options, and move quickly to protect your child’s rights. Time limits apply, so reach out today. Our Frederick Erb’s palsy attorneys are ready to fight for your family’s future.