The news that a newborn has Erb’s palsy is devastating for any parent. Even a respected facility such as Holy Cross Hospital can see a delivery turn tragic when medical professionals act carelessly, and the impact echoes through every part of family life.
At Schochor, Staton, Goldberg and Cardea, P.A., we have stood beside Maryland families for more than three decades, guiding them toward justice and the resources their children deserve. Call (443) 909-2792 or fill out our contact form to speak with a Silver Spring birth injury attorney today.
What Is Erb’s Palsy and How Does It Affect Your Child?
Erb’s palsy is a brachial plexus nerve injury that weakens or paralyzes a baby’s shoulder and arm. Most infants show a limp arm, limited reflexes, or a hand that fails to grip, and although many recover with therapy, some face lifelong disability and chronic pain. Quick diagnosis and consistent rehabilitation give children the best chance at regaining function.
How Can a Birth Injury During Delivery Cause Erb’s Palsy?
Erb’s palsy usually occurs during a difficult or mismanaged delivery. Shoulder dystocia, breech presentation, or the misuse of forceps and vacuum extractors can stretch or tear the delicate brachial plexus nerves.
- Excessive traction on the baby’s neck during shoulder dystocia
- Improper forceps or vacuum technique
- Failure to perform a timely C-section when risk factors are clear
- Breech deliveries that place unnatural strain on the neck and shoulder
Proper obstetrical care almost always prevents these scenarios; when standard procedures are ignored, preventable injury follows.
Can I Sue for Erb’s Palsy if I Suspect Medical Negligence?
Parents may pursue a malpractice claim when a provider’s sub-standard care causes Erb’s palsy. A valid case requires proof of duty, breach, causation, and damages. Elements our team reviews by examining labor records, neonatal charts, and expert opinions. If the Silver Spring Erb’s Palsy attorney Jonathan Schochor sees evidence that a better-trained physician would have delivered your child safely, we pursue full accountability. You owe it to your child to explore every option for recovery.
Why Should I Consider Legal Action for My Baby’s Erb’s Palsy?
Legal action secures funds for therapy, surgeries, and adaptive equipment while lifting financial and emotional burdens from the family. Roughly 80–90 percent of infants regain good function, but those with permanent impairment may need lifelong support—and compensation provides that stability. A lawsuit also pushes hospitals to improve safety protocols, protecting future families from similar heartbreak.
How Do I Prove the Doctor or Hospital Caused My Child’s Injury?
Building a strong case demands investigation, medical expertise, and relentless advocacy. Attorney **Kerry Staton** leads our birth-injury team in securing prenatal records, fetal monitoring strips, and witness statements, then collaborates with obstetric and neurological specialists who attest that negligence caused the nerve damage. We identify every liable party, whether the delivering physician, resident, nurse, or the hospital itself, to maximize your child’s recovery.
What Compensation Can I Recover in an Erb’s Palsy Lawsuit?
Families typically recover damages for:
- Medical bills—past and future surgeries, therapy, and equipment
- Long-term care—in-home assistance or special education services
- Pain and suffering for the child and emotional distress for parents
- Lost earning capacity if disability limits future employment
- Parental wage loss and out-of-pocket expenses
How Long Do I Have to File an Erb’s Palsy Lawsuit in Maryland?
Maryland generally allows five years from the date of injury, or three years from discovery, whichever comes first, to file a malpractice claim. For birth injuries, special rules often extend the deadline until a child’s eleventh birthday, yet evidence fades quickly. Acting now lets our Silver Spring birth injury attorneys gather records while memories are fresh and deadlines secure.
How Can a Silver Spring Erb’s Palsy Lawyer Help My Family?
Our lawyers shoulder every legal burden so parents can focus on their child’s recovery. We handle paperwork, negotiate with insurers, and prepare every case for trial in Montgomery County Circuit Court, ensuring negligent providers face full accountability. Although our office is in Baltimore, Silver Spring Erb’s Palsy lawyer Jonathan Schochor and the rest of our team routinely travel I-95 and I-495 to meet families in Silver Spring, Bethesda, Takoma Park, or virtually, whatever is easiest for you.
What Should I Look For in a Silver Spring Erb’s Palsy Attorney?
Choose counsel who combines experience, resources, and genuine compassion.
- Decades of birth-injury litigation and multimillion-dollar verdicts
- Medical investigators and nationally respected experts on call
- Transparent communication and personalized attention
- Recognition within Maryland’s legal community for excellence
Attorney Kerry Staton has been honored among Maryland’s Top 100 litigators, while Jonathan Schochor holds record-setting malpractice verdicts, proof of the relentless advocacy we bring to every case.
“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
How Much Does It Cost to Hire an Erb’s Palsy Lawyer?
We believe justice should never hinge on a family’s finances. Our Silver Spring Erb’s Palsy attorneys work on a contingency fee. No upfront cost, and no attorney’s fee unless we win compensation. We advance all case expenses and explain the agreement in plain language, so you can proceed with confidence.
When Should I Contact a Lawyer about Erb’s Palsy?
The safest time to call is as soon as you suspect preventable harm. Early action preserves medical evidence and protects you from statutory deadlines, even if you are not ready to file immediately. A free case review with the Silver Spring birth injury attorneys at Schochor, Staton, Goldberg and Cardea, P.A. brings clarity without pressure.
Ready to Seek Justice?
You and your child deserve answers, accountability, and the resources to move forward. Our legal team blends compassion with a proven record of success, fighting for families from Downtown Silver Spring to Rockville and beyond.
Call (443) 909-2792 or complete our online form for a free, no-obligation consultation. We are available 24/7 and can meet in person or virtually. Our office at 1211 St. Paul St., Baltimore, MD 21202 is a short drive up I-95, and we gladly travel to you when needed. Schochor, Staton, Goldberg and Cardea, P.A., standing up for Maryland’s injured children and their families.