If your newborn was diagnosed with Erb’s palsy at a Rockville hospital, you are likely overwhelmed, frightened, and searching for answers. Our attorneys, Jonathan Schochor and Kerry Staton of Schochor, Staton, Goldberg and Cardea, P.A., have guided Maryland parents through birth-injury crises for more than 35 years. We combine deep medical malpractice insight with heartfelt compassion so families can focus on their child’s recovery.
Call (443) 909-2792 or fill out the short form below for a free, confidential consultation with Rockville Erb’s palsy attorneys Jonathan Schochor and Kerry Staton. We’ll listen, explain your options, and start fighting for your child’s future today.
What Is Erb’s Palsy and Why Does It Happen?
Erb’s palsy is a brachial-plexus nerve injury that weakens or paralyzes a baby’s shoulder and arm. The condition appears in roughly 1 to 2 of every 1,000 U.S. births. It usually develops when excessive stretching of the infant’s neck or shoulder occurs during delivery, damaging the C5-C6 nerves that control upper-arm movement. Many children regain function with timely therapy, but some face lifelong limitations that require surgeries, adaptive devices, and persistent care.
Can Medical Malpractice Cause Erb’s Palsy in Newborns?
Medical negligence often turns a routine delivery into a preventable injury. Rockville Erb’s palsy attorney Jonathan Schochor routinely uncovers errors such as:
- Excessive traction – pulling too hard on the baby’s head or arm.
- Mishandled shoulder dystocia – failing to use accepted maneuvers when the shoulder is stuck.
- Delayed or refused C-section – ignoring breech presentation or fetal distress.
- Improper forceps or vacuum use – misaligned or prolonged tool pressure.
- Uncommon but serious mistakes – injurious fundal pressure, untrained personnel attempting high-risk deliveries, negligent twin extractions, or unmonitored maternal diabetes increasing fetal size.
When any of these actions violate accepted medical standards, Rockville birth-injury attorneys at our firm work to hold each responsible provider accountable.
What If the Doctor Says the Injury “Just Happened”?
Families deserve the truth, not excuses. Our legal team secures delivery records, fetal monitoring strips, and eyewitness testimony to reconstruct the birth minute-by-minute. Seasoned medical experts then explain whether safer options, such as a prompt C-section or gentler maneuvers, would have prevented the nerve damage. If proper care was absent, Kerry Staton, Rockville Erb’s palsy lawyer, pushes for full accountability.
What Costs and Losses Can an Erb’s Palsy Lawyer Help You Recover?
Financial relief funds the lifelong care your child may need. Recoverable damages include:
- Past and future medical costs for surgeries, therapy, and assistive devices.
- Home or vehicle modifications when limited arm function affects mobility.
- Lost earnings for parents who reduce work to become caregivers.
- Projected loss of future income if permanent weakness limits your child’s career options.
- Pain, suffering, and loss of life enjoyment for both child and family.
How Do We Prove Negligence in an Erb’s Palsy Case?
Maryland law demands clear evidence. Our process is precise:
- Medical-Record Review – We audit delivery notes, imaging, and staffing logs.
- Qualified-Expert Certification – Maryland requires an outside OB/GYN to sign a sworn affidavit that care fell below standards. We absorb that up-front cost.
- Causation Analysis – Experts link the negligent act—such as forceful traction—to the child’s nerve damage.
- Comprehensive Damages File – Life-care planners calculate everything the injury will cost over the next 70 years.
With this foundation, Schochor and Staton’s Rockville birth-injury attorneys negotiate aggressively or take the case to trial in Montgomery County Circuit Court.
How Do I File an Erb’s Palsy Lawsuit in Maryland?
The steps are straightforward when you have experienced counsel:
- Free Consultation – Call (443) 909-2792 or use the form below.
- Investigation & Expert Review – We gather records and secure medical testimony.
- Suit & Certificate Filing – We meet Maryland’s Health Care Alternative Dispute Resolution Office requirements and file in court.
- Negotiation – Most hospitals and insurers settle once liability is clear.
- Trial – If a fair offer is refused, Rockville Erb’s palsy trial lawyers at our firm present compelling evidence to a jury.
No legal fees are due unless we win.
Why Choose Schochor, Staton, Goldberg and Cardea for a Rockville Erb’s Palsy Claim?
Our record speaks for itself, and so do our clients.
- Decades of focus – Since 1984 we have handled complex birth-injury litigation statewide.
- Medical fluency – Former nurses and physician consultants bolster every case.
- Courtroom success – Multi-million-dollar verdicts underscore our readiness to try cases.
- Personal commitment – Rockville Erb’s palsy attorney Kerry Staton meets every client family, ensuring your concerns guide our strategy.
Choosing skilled counsel early can safeguard your child’s future therapies and educational needs.
Frequently Asked Questions (FAQs)
Can I sue if a doctor’s mistake caused my baby’s Erb’s palsy?
Yes. If a provider deviated from accepted delivery practices and that negligence injured your child, you have grounds for a medical malpractice suit. An attorney will confirm liability through expert review.
Who may be liable for a brachial-plexus injury?
Possible defendants include the delivering obstetrician, assisting residents, labor-and-delivery nurses, anesthesiologists, and the hospital itself. Each party’s conduct is scrutinized.
How much does a Rockville Erb’s palsy lawyer cost?
Nothing up front. Our work is contingency-based, and fees come only from a successful settlement or verdict.
When should I call a lawyer?
Immediately. Maryland’s statute of limitations is generally three years from discovery, but gathering evidence early strengthens the case and preserves your rights.
Should I sue if my child is already improving?
Improvement does not erase medical bills, therapy costs, or future limitations. Compensation ensures ongoing care and deters similar negligence.
Contact a Rockville Erb’s Palsy Lawyer for a Free Consultation
Help is one phone call away. Dial (443) 909-2792 or complete the form below to speak directly with Jonathan Schochor or Kerry Staton. Our team can meet you in Rockville, visit your home, or arrange a secure video conference, whatever eases your burden. Consultations are confidential and cost nothing. You have carried this worry long enough; let us shoulder the legal fight so you can focus on your child’s healing.