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 (410) 234-1000 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.
