Can Erb’s Palsy Be Treated or Cured?
Most babies with mild nerve stretching improve with daily physical therapy. Parents learn guided exercises to keep joints flexible and strengthen muscles.
When nerves are partially torn or avulsed, pediatric surgeons may recommend nerve grafts or transfers between 6 and 12 months of age. Even then, therapy continues to maximize function. Early, consistent treatment often makes a dramatic difference yet those services cost time and money, which legal compensation can cover.
How Could My Child’s Erb’s Palsy Have Been Prevented?
Many Erb’s palsy injuries are avoidable with decisive obstetric care. Established techniques such as the McRoberts maneuver (knees-to-chest positioning) and suprapubic pressure safely relieve shoulder dystocia without pulling on the neck. When risk factors pile up, a prompt C-section is the accepted safeguard. Excessive traction, delayed intervention, or improper tool use signals negligence.
Do I Have an Erb’s Palsy Malpractice Case in Maryland?
A malpractice claim arises when a healthcare provider breaches the accepted standard of care and that breach causes injury. If a delivering physician yanked forcefully during shoulder dystocia or failed to order a needed C-section and your baby now suffers Erb’s palsy, negligence may be clear. Our Towson birth-injury team secures delivery records and consults independent experts to confirm what went wrong.
Important Maryland Laws for Erb’s Palsy Lawsuits
- Certificate of Qualified Expert: Within 90 days of filing, plaintiffs must submit a doctor’s affidavit stating negligence caused the injury.
- HCADRO filing: Claims over $30,000 start in Maryland’s Health Care ADR Office, though families can waive arbitration and move to Circuit Court.
- Statute of limitations: File by the earlier of five years from injury or three years from discovery; for a child, the clock often pauses until age 11.
- Non-economic damage cap: Maryland limits pain-and-suffering awards (around $800,000 in recent years); economic losses such as lifelong care remain uncapped.
Seasoned Maryland malpractice counsel like ours ensures every deadline, affidavit, and venue choice is handled flawlessly.
What Compensation Can We Recover for an Erb’s Palsy Case?
Successful claims can provide:
- Past and future medical expenses – NICU care, therapy, surgeries, adaptive devices
- Long-term care costs – in-home aides or specialized equipment if impairment persists
- Projected lost earnings – accounting for future job limits caused by disability
- Pain and suffering – reflecting physical discomfort and family anguish
We partner with pediatric life-care planners and economists to calculate full, fair damages so your child receives lifelong support.
Why Do I Need a Towson Erb’s Palsy Lawyer?
A skilled local attorney builds cases while parents focus on healing.
- Investigation: Securing records, interviewing staff, and retaining top obstetric and neurological experts
- Legal navigation: Meeting expert affidavit rules, filing in HCADRO, and negotiating with hospital insurers
- Maximizing compensation: Accurately valuing lifelong needs and rejecting low settlements
- Local insight: Knowledge of Baltimore County Circuit Court, UM St. Joseph Medical Center, and GBMC practices strengthens arguments
Towson Erb’s palsy lawyer Jonathan Schochor and Towson birth injury attorney Kerry Staton bring decades of focused experience to every case.
Why Choose Schochor, Staton, Goldberg & Cardea, P.A. for Your Case?
Our firm has fought for patients since 1984, earning hundreds of multi-million-dollar results in medical malpractice. Attorney Jonathan Schochor has been repeatedly listed among Maryland’s top litigators, while attorney Kerry Staton is known for compassionate client service. We finance every expert and court cost, and you pay no fee unless we win. From our Baltimore office, just minutes south of Towson, we gladly visit clients who cannot travel.
“Kerry Staton and Josh Kahn handled my case extremely well. From the first contact up to the outcome, along with team (sic), they were very professional and provided great counsel.” –Laetitia M.
“We would highly recommend the firm to anyone needing legal assistance as we did. Jim and his team were always available to answer questions and guide us thru (sic) the process.” Mike M.
Frequently Asked Questions (FAQs)
How long do I have to file an Erb’s palsy lawsuit in Maryland?
Parents generally have five years from the injury or three years from discovery, whichever is sooner. For minors, the period often extends until the child turns 11. Early legal review prevents missed deadlines.
How much will it cost to hire a Towson Erb’s palsy lawyer?
There is no upfront cost. We work on contingency, advancing all expenses and collecting a fee only if we secure compensation.
Will we have to go to court, or do Erb’s palsy cases settle out of court?
Many cases settle once hospitals see compelling expert evidence. We prepare every matter for trial, so insurers know we will proceed to a Baltimore County jury if offers fall short.
What if the doctor says my baby’s Erb’s palsy was unavoidable?
Hospitals often claim the injury was unavoidable, yet expert review frequently reveals preventable errors. Let us examine the delivery records before accepting that explanation.
If my child’s Erb’s palsy improves, can I still file a lawsuit?
Yes. Temporary improvement does not erase past pain, medical costs, or the need for accountability. Case value may adjust, but your rights remain.
Contact a Towson Erb’s Palsy Attorney for a Free Consultation
Your family does not have to face this alone. If medical negligence in Towson or anywhere in Maryland caused your child’s Erb’s palsy, we are ready to help. Call (410) 234-1000 or fill out our online form for a free, no-obligation case review. Serving Towson, Baltimore County, and communities across Maryland, we fight to secure the justice and resources your child deserves.
