Overview on an Erb’s Palsy Injury Settlements

Has your child been diagnosed with Erb’s palsy following a birth injury? 

This condition can lead to long-term physical challenges and may require ongoing medical care or lifelong support.

In many cases, Erb’s palsy is the result of preventable medical negligence during labor or delivery.

If you believe a healthcare provider’s actions—or inaction—may have contributed to your child’s injury, you may be entitled to pursue a malpractice claim.

Our team of Chicago Medical Malpractice Lawyers understand how overwhelming this process can feel, and we are here to support you every step of the way.

Seeking a Settlement? Erb’s Palsy Lawyers in Chicago

We’re a Chicago-based birth injury law firm specializing in medical malpractice with extensive experience representing clients in lawsuits fo Erbs’s palsy and similar birth injuries. 

We have successfully litigated numerous cases where patients suffered harm due to Erb’s palsy, securing settlements and compensation for medical expenses, lost wages, and pain and suffering. 

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

Some examples of our medical malpractice lawsuit cases we’ve handled include settlements of $1.25 million for an undisclosed negligent failure

What are the Long Term Effects of Erb’s Palsy?

The long-term effects of Erb’s palsy vary depending on the severity of the nerve damage and the success of early treatment.

Some individuals recover fully, especially with physical therapy or surgery, while others may experience lifelong challenges, often incurring significant healthcare costs.

Here are some potential long-term effects:

• Limited Arm and Shoulder Movement. Reduced range of motion, weakness, or inability to lift the arm fully is common, especially if nerve function does not fully return.
  
• Muscle Atrophy. Muscles in the affected arm may shrink over time due to lack of use or nerve stimulation.
  
• Joint Stiffness or Deformity. Poor movement can lead to joint contractures (tightened muscles/tendons) or bone growth abnormalities.
  
• Chronic Pain or Discomfort. Some individuals experience ongoing pain, tingling, or sensitivity in the affected arm.
  
• Difference in Arm Size or Strength. The affected arm may be smaller or weaker than the unaffected one, which can affect daily activities or athletic performance.
  
• Emotional and Psychological Impact. Ongoing physical limitations or visible differences can affect self-esteem, especially in children as they grow older.
  

Early diagnosis and consistent treatment often improve long-term outcomes, but in severe cases, some disability may remain.

Is Erb’s Palsy Considered A Disability?

Yes, Erb’s palsy is generally considered a disability, especially when it results in long-term or permanent impairment of the arm or shoulder.

It can affect a person’s ability to perform everyday tasks, limiting mobility and strength on the affected side. 

In more severe cases, it may qualify an individual for disability benefits or accommodations under the Americans with Disabilities Act (ADA).

Whether it is officially recognized as a disability can depend on the severity of the condition and how it impacts daily functioning.

Seeking Compensation for an Erb’s Palsy Birth Injury Claim in Chicago, Illinois

To get compensation for an Erb’s palsy birth injury claim in Chicago, Illinois, you generally need to take the following actions:

1. Consult a Chicago Erb’s Palsy attorney. Our firm specializes in birth injury cases and our experienced attorneys will evaluate your situation.
   
2. Obtain medical records and expert opinions to prove that the injury was caused by medical negligence during birth.
   
3. File a medical malpractice lawsuit within Illinois’s statute of limitations (typically 2 years from when the injury was discovered or should have been discovered).
   
4. Prove liability and damages by showing that the healthcare provider’s negligence caused the brachial plexus injury and associated Erb’s palsy and that it led to financial, physical, and emotional harm.
   
5. Negotiate a settlement or proceed to trial to receive compensation for medical expenses, pain and suffering, lost wages, and other damages related to the injury.

How do I Start the Process to Receive Compensation for Erb’s Palsy?

To start a malpractice claim for Erb’s palsy, you’ll need a lawyer who specializes in birth injury or medical negligence cases near you.

They can evaluate your situation and determine if you have a viable claim.

Your attorney will help you gather medical documentation related to the pregnancy, labor, delivery, and your child’s diagnosis and treatment.

These records are key to proving negligence.

Most states (including Illinois) require an independent medical expert to review malpractice cases and confirm that a healthcare provider likely deviated from the standard of care.

This is referred to as an affidavit of merit. 

In an Erb’s palsy case, your lawyer’s network of medical experts is essential.

They review the case, determine whether the standard of care was breached, and explain how that breach caused the injury.

Their testimony can be critical in court or settlement discussions.

Depending on your state’s laws, you may need to file a formal notice before suing.

Your lawyer will handle this step and ensure it’s done within the statute of limitations.

If the case proceeds, your attorney will file a lawsuit against the responsible parties—this may include the doctor, hospital, or other staff involved in the delivery.

This is when both sides share evidence, conduct depositions, and build their arguments for settlement or trial.

Finding a lawyer to handle your Erb’s palsy or related birth injury claim and starting the claim early is important—each state has deadlines (statutes of limitations), which may vary depending on the child’s age and when the injury was discovered.

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

Can I receive compensation for my child’s Erb’s palsy? How much?

Yes, if your child’s Erb’s palsy was caused by medical negligence during childbirth, you may be entitled to compensation. This can help cover medical expenses, therapy, future care needs, and other related damages.

How much compensation or damages can I claim in an Erb’s palsy case? How is the value of the case determined?

In Illinois, both economic (e.g., medical bills, lost wages) and non‑economic damages (e.g., pain & suffering) in medical malpractice cases—including those involving Erb’s palsy—are not capped.

Case value depends on factors like the severity of the injury, the need for ongoing treatment, loss of future earnings, the degree of disability, and the emotional impact on the child and family.

How do I start the process of getting compensation for my infant’s Erb’s palsy?

To start the process of seeking compensation for your infant’s Erb’s palsy, contact a specialized birth injury attorney who can review your case and help gather medical records and evidence of negligence. They will guide you through filing a claim and pursuing the compensation your family deserves by negotiating a settlement or taking the case to trial. 

How long does it take to get compensation in an Erb’s palsy malpractice claim?

The amount of time it takes to receive compensation in an Erb’s palsy malpractice claim varies, but it typically takes several months to a few years depending on the complexity of the case and whether it settles or goes to trial. Factors like medical evaluations, expert testimony, and negotiations between parties can all affect the duration.

Can I still file a lawsuit if my child’s Erb’s palsy wasn’t noticed immediately?

Yes. Many states (including Illinois) allow lawsuits to be filed within a certain time after the injury is discovered, which is known as the discovery rule. This is especially important because symptoms of Erb’s palsy don’t always appear immediately after birth.

Seeking an Erb’s Palsy Malpractice Settlement in Chicago, Illinois?

Do you think you have a lawsuit claim and are owed a settlement based on a birth injury that resulted in Erb’s palsy?

If you are located in Chicago or the surrounding areas, contact the experienced Chicago Medical Malpractice Lawyers today.