Bringing a child into the world should be joyful. When a preventable delivery mistake turns that moment into months of worry, the Gaithersburg Erb’s palsy attorneys at Schochor, Staton, Goldberg & Cardea, P.A. step in to help.
Jonathan Schochor and Kerry Staton have spent decades forcing hospitals and insurers to pay for the harm careless providers cause. Parents throughout Gaithersburg, Rockville, and Germantown trust our team because we pair deep medical malpractice experience with genuine compassion. Call (410) 234-1000 for a free consultation today.
What Is Erb’s Palsy and How Does It Happen?
Erb’s palsy is a brachial-plexus nerve injury that weakens or paralyzes a newborn’s shoulder and arm. It occurs when shoulder nerves are stretched during delivery. Mild cases may heal with therapy, yet severe injuries can leave a child with lifelong limits on movement, strength, and sensation.
Why Does Erb’s Palsy Happen?
Doctors know how to manage difficult births, so most Erb’s palsy injuries arise when protocols are ignored.
Common negligent scenarios include:
- Shoulder dystocia mishandled – the baby’s shoulder lodges behind the mother’s pelvic bone and the provider pulls instead of using approved maneuvers.
- Excessive traction or twisting – forceps, vacuum extractors, or bare hands are used with dangerous pressure on the baby’s head and neck.
- Delayed C-section for a large baby – fetal macrosomia or gestational diabetes signals the need for surgical delivery; postponement invites nerve damage.
- Breech birth rushed – feet-first deliveries require gentle guidance; hurried extraction strains the upper arm nerves.
Each event is preventable when an attentive obstetrics team follows accepted standards.
Could My Child’s Erb’s Palsy Have Been Prevented?
Most Erb’s palsy injuries are avoidable with timely decisions and careful technique. A competent team can perform a rapid C-section, reposition the mother, or call in senior staff instead of yanking on the baby’s head. When these steps are skipped, medical negligence, not bad luck, usually explains the injury.
What Should I Do If I Suspect Medical Negligence?
- Seek a specialist’s evaluation. A pediatric neurologist can document nerve damage and start therapy quickly.
- Secure every record. Labor notes, fetal monitor strips, and operative reports often reveal excessive force or delayed action.
- Contact a seasoned Gaithersburg birth-injury lawyer. We obtain expert reviews, spot red flags, and preserve evidence before it disappears.
Fast action protects both your child’s health and your legal rights.
How Long Do I Have to File an Erb’s Palsy Lawsuit in Maryland?
Maryland law (Cts. & Jud. Proc. § 5-109) gives most parents five years from the injury or three years from discovery, whichever is earlier. A child injured at birth may sue until age 21, yet waiting risks lost records and faded memories. Early investigation strengthens every claim.
What Compensation Can We Recover for Erb’s Palsy?
Proper compensation lifts the financial weight from your family’s shoulders. Damages often include:
- Lifetime medical care – surgeries, physical and occupational therapy, adaptive equipment.
- Pain, suffering, and loss of life’s pleasures the child endures.
- Future earning-capacity losses if lasting weakness narrows career options.
- Parents’ out-of-pocket costs and lost income from caregiving or medical travel.
Our firm recently obtained $1.36 million for a Maryland child with brachial-plexus paralysis, funds now covering therapy and college savings.
