When parents welcome a new baby into the world, they expect that the delivery will be handled with the utmost care. Unfortunately, medical negligence during labor or delivery can lead to devastating birth injuries — including Erb’s Palsy. This condition can cause partial or complete paralysis in a baby’s arm and shoulder, often resulting in years of physical therapy, medical treatment, and emotional distress.
If your child has been diagnosed with Erb’s Palsy due to mistakes made by medical professionals, Raposo & Lukacs is here to help. Our Miami Erb’s Palsy lawyers fight to hold negligent doctors, nurses, and hospitals accountable and help families secure the compensation they need to provide the best possible care for their child.
Erb’s Palsy is a form of brachial plexus injury, which occurs when the nerves in a newborn’s upper arm are stretched, compressed, or torn during childbirth. The brachial plexus is a network of nerves near the neck that controls movement and sensation in the shoulders, arms, and hands. Damage to these nerves can cause weakness, loss of sensation, or paralysis in the affected arm.
The severity of Erb’s Palsy varies depending on the extent of the nerve damage:
Neurapraxia (Stretch injury): The most common and least severe type, often resulting in temporary weakness or loss of movement.
Neuroma: When damaged nerves heal with scar tissue, leading to limited recovery of function.
Rupture: A complete tear of the nerve, which may require surgical repair.
Avulsion: The most severe type, where the nerve is torn away from the spinal cord — often resulting in permanent paralysis.
While some infants recover with physical therapy and time, others may face lifelong disabilities. Early diagnosis and prompt treatment are crucial to improving outcomes.
Common Causes of Erb’s Palsy Caused by Medical Malpractice
Although Erb’s Palsy can sometimes occur without negligence, many cases are directly linked to preventable medical errors during labor and delivery. Obstetricians, nurses, and delivery staff are trained to recognize and manage complications that can increase the risk of brachial plexus injury. When they fail to meet the appropriate standard of care, their negligence can result in serious harm.
Excessive use of force during delivery: Pulling too hard on the baby’s head, neck, or shoulders during vaginal delivery can overstretch or tear the brachial plexus nerves.
Failure to manage shoulder dystocia: This emergency occurs when the baby’s shoulder becomes lodged behind the mother’s pelvic bone. Improper handling of this situation is a leading cause of Erb’s Palsy.
Incorrect use of delivery tools: Misuse of forceps or vacuum extractors can increase the risk of nerve injury.
Failure to order a C-section: If risk factors such as a large baby (macrosomia), breech presentation, or prolonged labor are present, doctors may need to perform a cesarean section to avoid trauma.
Improper birthing techniques: Incorrect maneuvers during a difficult delivery can place unnecessary pressure on the baby’s head and neck.
When these or similar mistakes occur, the hospital and medical staff responsible may be liable for medical malpractice. Our Miami Erb’s Palsy attorney from Raposo & Lukacs can review your case, identify errors, and pursue compensation for your child’s injury.
Short- & Long-Term Impact of Erb’s Palsy
The effects of Erb’s Palsy can be both immediate and long-lasting, impacting nearly every aspect of a child’s life.
Short-Term Effects:
Weakness or limpness in one arm
Limited movement or range of motion
Difficulty gripping or holding objects
Nerve pain or sensitivity
Long-Term Effects:
Permanent loss of function or paralysis in the arm
Muscle atrophy or uneven limb growth
Need for ongoing physical or occupational therapy
Emotional and psychological challenges related to disability
Expensive and repeated surgeries or medical interventions
The physical, emotional, and financial toll can be significant. Families may struggle with medical costs, lost wages, and the emotional burden of caring for an injured child. Our Miami Erb’s Palsy lawyers understand these challenges and fight to ensure families receive the resources they need for long-term support.
Erb’s Palsy FAQs
Can Erb’s Palsy heal on its own?
In mild cases, babies may regain full or partial arm movement within a few months through physical therapy. However, more severe nerve injuries may require surgery or result in permanent disability.
How can I tell if my child’s Erb’s Palsy was caused by malpractice?
A thorough review of medical records, delivery notes, and witness testimony by an experienced attorney and medical expert can help determine whether the injury resulted from negligence.
What kind of compensation can I recover in an Erb’s Palsy lawsuit?
You may be eligible for compensation covering medical expenses, rehabilitation, future care costs, pain and suffering, and loss of quality of life.
How long do I have to file an Erb’s Palsy claim in Florida?
Florida law generally requires medical malpractice claims to be filed within two years of discovering the injury, though exceptions may apply for minors. It’s crucial to speak with a Miami Erb’s Palsy lawyer as soon as possible to protect your rights.
Does my case have to go to trial?
Not necessarily. Many birth injury cases are resolved through settlement. However, Raposo & Lukacs is fully prepared to take your case to court if necessary to obtain the justice your child deserves.
Contact a Miami Erb’s Palsy Lawyer Today
If your child has suffered from Erb’s Palsy due to medical negligence, you don’t have to face this alone. The compassionate legal team at Raposo & Lukacs is ready to help you pursue justice and secure the financial support your family needs for your child’s future.
Contact Raposo & Lukacs today to discuss your child's diagnosis and your legal options in South Florida.
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How Our Team Can Help
Medical malpractice cases involving birth injuries are complex and require in-depth medical and legal expertise. At Raposo & Lukacs, our legal team collaborates with medical professionals, life care planners, and economists to build a strong case on your behalf.
We can help you:
Investigate the cause of your child’s injury by reviewing medical records and consulting expert witnesses.
Prove medical negligence by showing that the care provided fell below accepted medical standards.
Estimate the full value of your damages, including medical expenses, therapy costs, pain and suffering, and future care needs.
Negotiate with insurance companies to secure fair compensation.
Take your case to trial, if necessary, to pursue justice for your family.
Our goal is to hold negligent providers accountable and to ensure your child receives the best possible care and financial security for the future.
