Erb’s palsy is caused by damage to the brachial plexus nerve or Erb’s Point during childbirth. The brachial plexus is a band of nerves that travels through the shoulder and controls the movement of the arm; brachial plexus palsy or Erb’s palsy can result if too much pressure is exerted on your baby’s head during delivery or from excessive pulling on the neck or arms. It can also result from shoulder dystocia, or a difficult labor caused by your baby’s shoulder becoming stuck on your pelvis or pubic bone during delivery.
Erb’s palsy is preventable. In some cases, doctors miss warning signs during pregnancy that could have indicated the need for a cesarean section to avoid shoulder dystocia. In other cases, doctors over-manipulate the baby’s head and neck during delivery, causing nerve damage. If your child was born with a brachial plexus injury or has been diagnosed with Erb’s palsy, our Miami Erb’s Palsy lawyers can help you understand your right to compensation.
Symptoms and Complications of Erb’s Palsy
Damage to the brachial plexus nerve or Erb’s Point during childbirth can cause weakness in your newborn’s shoulder, arm, or hand. In some cases, the injury may be temporary and your child may recover full movement within weeks. In other cases, surgery may be required to repair a brachial plexus injury. In the worst cases, a brachial plexus injury can cause permanent paralysis of the arm and some facial paralysis. Pre-delivery planning, including a scheduled C-section if necessary, can avoid shoulder dystocia and the related risk of brachial plexus injury to your baby.
Signs of a brachial plexus injury include:
- A limp or inward-turned arm
- Lack of response with the affected arm to surprise or stimulation
- Arm paralysis
- Facial paralysis
Erb's Palsy from Medical Negligence? Contact a Miami Lawyer Now for Expert Support!
Babies may be more likely to suffer a brachial plexus injury if:
- The baby is large in size
- The baby is breeched
- The mother has a small pelvis
- The mother had labor quickened through the use of drugs such as Pitocin
- The mother had a prolonged labor
- The mother experienced shoulder dystocia during a prior delivery, even if the baby did not develop brachial plexus injury or Erb’s palsy
Does Your Baby Have Erb’s Palsy? We Can Help.
At Freidin Brown, P.A., our Miami birth injury lawyers have more than 100 years of experience pursuing compensation on behalf of individuals located throughout South Florida. If your newborn was diagnosed with Erb’s palsy or experienced shoulder dystocia and is showing signs of a brachial plexus injury, our law firm offers a free consultation to discuss the options available to you, including the possibility of a medical malpractice lawsuit.
Contact our office online or call us today to schedule an appointment.
Miami Erb’s Palsy FAQs
Below are common questions and answers regarding Erb’s palsy:
Who can you sue for erb’s palsy in Miami?
In Miami Erb’s Palsy lawsuits, you may be able to sue the delivering doctor, obstetrician, nurses, hospital, or any medical professional involved in the negligent delivery that caused your child’s injury. If improper techniques were used during labor—such as excessive force, failure to address shoulder dystocia, or misuse of delivery tools like forceps or vacuums—the responsible healthcare provider can be held liable. You could also file a lawsuit against the hospital or medical facility if they failed to properly train staff or enforce safety protocols. A Miami Erb’s Palsy attorney from our firm can determine after a thorough investigation who is responsible.
Can erb’s palsy be caused by medical negligence and how?
Yes, Erb’s Palsy can be caused by medical negligence during childbirth. This condition occurs when a baby’s brachial plexus nerves are stretched or damaged due to excessive force during delivery. If a a healthcare providers fails to meet the standards of care, they can be held accountable. A Miami Erb’s Palsy lawyer can explore if medical negligence contributed to your child’s injury and assist you in seeking justice.
What damages can I recover in an erb’s palsy lawsuit in Miami?
Families pursuing an Erb’s Palsy lawsuit in Miami may recover various damages, including medical expenses, future rehabilitation costs, pain and suffering, lost earning capacity, and the cost of assistive devices or therapy. Compensation may also cover long-term medical care if the child requires surgery or ongoing treatment. In cases of extreme recklessness, punitive damages may be awarded to hold medical providers accountable. A skilled Miami Erb’s Palsy legal team from our firm can assess the full value of your case and fight for justice on your behalf.
How much does it cost to hire a Miami erb’s palsy lawyer?
Most Miami Erb’s Palsy lawyers work on a contingency fee basis, which means you don’t have to pay anything upfront. Legal fees are only paid if your attorney successfully recovers money for you through a settlement or verdict. This helps families to pursue justice without incurring out-of-pocket expenses. A qualified Erb’s Palsy attorney in Miami from Freidin Brown P. A. will review your case and explain the legal process during a free case evaluation, ensuring you understand your rights before proceeding.
Freidin Brown, P.A.
Address: 2 S Biscayne Blvd, Miami, FL 33131, United States
Phone: (888) 677-7764
Opening Hours: Call Us 24/7 for a FREE Consultation
