Chicago Erb’s Palsy Lawyer

Working with a Chicago Erb’s Palsy Attorney

Has your child been diagnosed with Erb’s palsy resulting from a child’s birth injury during labor and delivery?

Were they born in Chicago, Illinois, or the surrounding area?

If so, you may be dealing with many difficult questions about your child’s future and your legal options, such as filing a medical malpractice lawsuit for damages related to the birth injury and associated Erb’s palsy diagnosis.

The impact of your child’s condition can be significant, affecting both their health and your family’s well-being.

You have the right to take legal action and seek legal recourse for your child’s birth injury, and our injury attorneys are here to help you understand your options.

Our legal team has combined experience handling complex birth injury cases, and we operate on a contingency fee basis—meaning you only pay if we secure compensation for you.

Understanding your rights and the possibility of seeking compensation may feel overwhelming during this challenging time of your family’s life, but our experienced malpractice team is here to help guide you through the process.

What is Erb’s Palsy?

Erb’s palsy is named after Dr. Wilhelm Erb, a German neurologist who first described the condition in the late 19th century.

It specifically refers to paralysis caused by injury to the upper nerves of the brachial plexus, and it affects the nerves responsible for movement and sensation in the shoulder, arm, and hand.

Erb’s palsy typically occurs during childbirth when excessive force is used or when complications such as shoulder dystocia arise—this is when the baby’s shoulder becomes stuck behind the mother’s pelvic bone during delivery, leading to injury of the baby’s shoulder.

In such cases, the brachial plexus nerves can be stretched, compressed, or even torn.

Fetal distress during delivery can also increase the risk of nerve injuries like Erb’s palsy if not promptly recognized and managed.

The result is often noticeable weakness, limited range of motion, or partial to complete paralysis in the affected arm.

Some infants recover with time and physical therapy, while others may require surgical intervention to regain function.

There are various treatment options available for Erb’s palsy, including physical therapy, surgery, and other rehabilitative approaches.

The severity of the injury can vary widely depending on the extent of nerve damage.

In some cases, the effects of Erb’s palsy can be permanent, impacting a child’s mobility, development, and quality of life.

Early diagnosis and appropriate treatment are crucial to improving long-term outcomes.

The doctor and the medical team play a critical role in managing delivery complications, preventing injury to the baby’s shoulder, and ensuring the best possible recovery.

Erb’s Palsy and Brachial Plexus Injury Lawyers in Chicago

We’re a Chicago-based birth injury law firm specializing in medical malpractice, with extensive experience representing clients as Erb’s palsy attorneys and injury attorneys in lawsuits involving Erb’s palsy, brachial plexus injuries, and shoulder dystocia.

Our team of Chicago Medical Malpractice Lawyers have handled numerous Erb’s palsy cases, building a strong Erb’s palsy case for each client by thoroughly reviewing medical records and utilizing expert testimony to establish negligence.

We have successfully secured compensation for clients in Erb’s palsy cases, covering medical expenses, lost wages, and pain and suffering.

Our expertise in this area often involves collaborating with medical experts to uncover negligence and advocate for our clients’ rights.

We focus on clients in Chicago, Illinois, and the surrounding areas.

Some examples of medical malpractice cases we’ve handled include settlements of $1,000,000+ for medical negligence cases.

What Causes Erb’s Palsy?

Erb’s palsy is caused by an injury to the brachial plexus, a group of nerves near the neck that controls movement and sensation in the shoulder, arm, and hand.

The child’s injury typically happens during childbirth when the baby’s neck is stretched to one side, damaging these nerves or other neck injury symptoms.

Medical errors by the doctor or medical team during delivery can increase the risk of this injury.

Common causes of Erb’s palsy during delivery include:

• Shoulder Dystocia. When the baby’s shoulder gets stuck behind the mother’s pelvic bone during delivery, the doctor and medical team must act quickly to prevent harm.
• Excessive Pulling or Force During Delivery. If too much force is used to pull the baby out—especially during a head-first delivery—by the doctor or medical team, it can result in a child’s injury.
• Improper Use of Delivery Tools. Incorrect or forceful use of forceps or vacuum extractors by the doctor or medical team can cause medical errors leading to Erb’s palsy.
• Breech Delivery. When a baby is born feet or buttocks first, the neck and brachial plexus can be stretched, potentially causing Erb’s palsy if not properly managed by the medical team.
• Large Birth Weight (Macrosomia). Heavier or bigger babies are at higher risk for shoulder dystocia and traction injuries, requiring careful assessment and intervention by the doctor and medical team.

While some cases of Erb’s palsy occur without clear risk factors, many are linked to difficult or poorly managed deliveries, often involving preventable medical errors by the doctor or medical team.

Signs and Symptoms of Erb’s Palsy and Brachial Plexus Injuries in Infants

Erb’s palsy can present in various ways, depending on the severity of the nerve damage.

In newborns and infants, the condition is typically noticeable shortly after birth. Common signs and symptoms include:

• Reduced Movement in the Affected Arm. The baby may not move one arm as much as the other or keep it close to the body, which can indicate that the child suffers from nerve injury affecting the child’s condition.
• Weakness or Limpness in the Affected Arm. The arm may appear floppy or lack muscle tone, indicating impaired nerve function and further impacting the child’s condition.
• Grip Strength Issues. The baby may have a noticeably weaker grip on the affected side.
• Sensitivity or Discomfort. Some infants may show signs of pain or discomfort when the arm is touched or moved.
• Abnormal Reflexes. Reflexes like the Moro (startle) reflex may be absent or diminished on the affected side.

In severe cases, a child suffers long-term impairments, and the child’s condition may result in disabled children who require ongoing support and specialized care.

If you notice any of these symptoms in your child, it’s important to consult a medical professional as soon as possible to discuss diagnosis and available treatment options.

If your child is diagnosed with Erb’s palsy that occurred as the result of an injury during birth, you may have a valid malpractice claim.

Is My Child at Risk for Erb’s Palsy or Related Birth Injuries?

Erb’s palsy is primarily caused by complications during childbirth.

Common risk factors include:

• High Birth Weight (Macrosomia): Babies who weigh more than 8 pounds, 13 ounces are more likely to experience complications during delivery, including shoulder dystocia. The larger size increases the chance of the baby getting stuck in the birth canal, putting added pressure on the shoulders and nerves.
• Shoulder Dystocia. This occurs when the baby’s shoulder becomes lodged behind the mother’s pelvic bone after the head has been delivered. It’s a medical emergency that requires quick intervention, and improper handling during this situation can overstretch or tear the brachial plexus nerves.
• Prolonged or Difficult Labor. A labor that takes longer than usual or involves excessive contractions can increase the risk of delivery complications. The extended time and force involved may require more physical assistance from medical staff, which can lead to nerve injury if not handled properly.
• Fetal Distress. Signs of fetal distress during labor, such as abnormal heart rate patterns, can indicate that the baby is not getting enough oxygen. Prompt recognition and response by the medical team are crucial, as delayed intervention can increase the risk of injuries like Erb’s palsy.
• Use of Assistive Delivery Tools. When tools like forceps or harmful vacuum extractors are used to help deliver the baby, especially in emergencies, they can apply force near the head and neck. If used incorrectly or too forcefully, these tools can damage the delicate brachial plexus nerves.
• Breech Presentation. In a breech delivery, the baby is positioned feet- or buttocks-first instead of head-first. This abnormal positioning makes delivery more complex and can increase the risk of pulling or stretching the baby’s shoulders and neck.
• Maternal Diabetes. Mothers with diabetes are more likely to have babies with higher birth weights (macrosomia), which raises the risk of difficult deliveries. Additionally, diabetes can contribute to other complications that increase the likelihood of brachial plexus injuries.
• Previous Delivery Involving Shoulder Dystocia or Erb’s Palsy. A history of shoulder dystocia or brachial plexus injury in a previous birth increases the chances of recurrence in future deliveries. This is often due to similar maternal or fetal characteristics being present again.

These risk factors highlight the importance of careful monitoring and skilled management during pregnancy and childbirth to reduce the likelihood of Erb’s palsy.

The medical team plays a critical role in preventing medical errors by promptly recognizing and addressing complications such as fetal distress, shoulder dystocia, and improper use of assistive delivery tools.

If these risk factors are not properly managed and medical errors occur, families may have legal recourse to seek compensation and justice for injuries resulting from negligence.

Diagnosis and Treatment of Erb’s Palsy

Diagnosing Erb’s palsy begins with a thorough physical examination by medical professionals, who assess the baby’s overall health, muscle strength, and reflexes in the affected arm.

To gain a clearer understanding of the extent of the birth injury, doctors may order additional tests such as MRI scans, ultrasounds, or electromyography (EMG) to evaluate the function of the brachial plexus nerves and surrounding muscles.

Early and accurate diagnosis is essential, as it allows for prompt intervention and increases the likelihood of a positive outcome for the child.

Once Erb’s palsy is identified, treatment typically focuses on restoring movement and function to the affected area.

Physical therapy is often the first line of treatment, helping to improve muscle strength, flexibility, and range of motion in the child’s arm.

Occupational therapy may also be recommended to support the development of fine motor skills and help the child adapt to any limitations caused by the injury.

In severe cases where nerve damage is significant, surgical intervention—such as nerve grafts, nerve transfers, or muscle and tendon repairs—may be necessary to repair the injury and enhance the child’s ability to use their arm.

For many children with mild cases of Erb’s palsy, consistent therapy and regular monitoring by medical experts can lead to substantial improvement or even full recovery over time.

However, more severe cases may require ongoing therapy, multiple surgeries, and long-term support to prevent permanent disability and maximize the child’s quality of life.

Throughout this process, it is crucial for families to work closely with a team of medical professionals—including pediatricians, physical therapists, and specialists in orthopedic or neurosurgery—to develop a personalized treatment plan that addresses the child’s unique needs.

In addition to medical care, families facing the challenges of a child’s birth injury should consider seeking guidance from experienced birth injury lawyers.

If Erb’s palsy resulted from medical negligence during childbirth, a skilled Erb’s palsy lawyer can help families navigate the legal process, gather evidence, and pursue a medical malpractice claim.

This legal support is vital for securing fair compensation to cover medical expenses, therapy, surgical costs, and other related needs, ensuring that the child receives the best possible care and support for their condition.

Frequently Asked Questions and Answers for Chicago Erb’s Palsy Lawyers

How common is Erb’s palsy?

Erb’s palsy occurs in approximately 1 to 2 out of every 1,000 live births in the United States. While many cases resolve with early treatment, approximately 10 to 20% of cases result in long-term impairment requiring ongoing care.

Why do infants suffer from Erb’s palsy?

Erb’s palsy is the result of an injury to the brachial plexus nerves during childbirth, often due to excessive or unnecessary pulling or stretching of the baby’s shoulder.

How do I know if I have a valid malpractice claim for Erb’s palsy and need a lawyer?

You may have a case if a healthcare provider failed to follow accepted medical standards during labor or delivery and that failure directly caused your child’s injury. A malpractice lawyer and a medical expert can help determine this. Consulting an injury attorney can help you understand your options and whether taking legal action is appropriate for your situation.

What if my child is recovering or partially-recovering from Erb’s palsy?

Yes. Even partial or temporary injuries may be compensable if medical negligence contributed to the condition. Long-term impacts can include therapy costs, limited function, and emotional distress. There are a range of treatment options available, including physical therapy, surgery, and ongoing medical care, depending on the severity of the injury.

Who’s liable for Erb’s palsy injuries?

Liability for Erb’s palsy injuries typically falls on healthcare providers—such as OB/GYNs and other doctors, nurses, or hospitals—when their negligence or improper handling during delivery causes nerve damage. Proving liability often requires demonstrating that the standard of care was breached, leading to the injury.

What are the risk factors for Erb’s palsy?

Risk factors include shoulder dystocia, large baby size (macrosomia), prolonged labor, and maternal diabetes.

How do healthcare professionals diagnose Erb’s palsy?

Doctors diagnose Erb’s palsy through a physical examination that assesses the baby’s muscle strength, reflexes, and range of motion in the affected arm. They may also use imaging tests like MRI or nerve conduction studies to evaluate the extent of nerve damage. Early diagnosis is crucial to develop an effective treatment plan.

Does Erb’s palsy have a cure?

There is no guaranteed cure for Erb’s palsy, but many children improve significantly with early physical therapy and, in some cases, surgery. The extent of recovery depends on the severity of the nerve injury and the treatment options pursued.

Is Erb’s palsy considered to be a disability?

Yes, Erb’s palsy is considered a disability when it causes lasting limitations in movement, strength, or function of the affected arm. If the condition significantly impacts a person’s ability to perform daily activities or work, it may qualify as a disability under laws like the Americans with Disabilities Act (ADA) or for certain government benefits.

What compensation can families recover in an Erb’s palsy case?

Families may be able to recover damages for the child’s medical expenses, including both immediate and ongoing healthcare costs, as well as other expenses such as therapy, surgery, medication, and home modifications. The goal of legal proceedings is to achieve a fair settlement that addresses the full scope of the family’s losses and needs.

Looking for an Erb’s Palsy Lawyer in Chicago, Illinois?

If you believe you have a lawsuit claim based on a birth injury that resulted in Erb’s palsy and occurred in Illinois, it is important to consult with a Chicago Erb’s Palsy lawyer who understands the complexities of Chicago Erb’s Palsy cases.

If you are located in Chicago or the surrounding areas, contact the experienced Chicago Medical Malpractice Lawyers today to secure compensation for your child’s injury.