Miami Erb’s Palsy Attorney

What is Erb’s Palsy?

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.

Common examples of medical malpractice leading to Erb’s Palsy include:

• 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.

How Erb's Palsy Is Diagnosed

Because early treatment significantly improves a child's chances of recovery, timely and accurate diagnosis matters. Physicians typically diagnose Erb's Palsy through:

• A physical examination assessing arm movement, grip strength, and reflexes
• Imaging studies such as MRI or CT scans to evaluate the extent of nerve damage
• Electromyography (EMG) and nerve conduction studies to measure nerve and muscle function
• Ongoing developmental monitoring during the child's first months to track recovery or identify permanent damage

When a delivery team fails to recognize the signs of a birth injury promptly, or delays referral to a specialist, the resulting treatment delays can worsen a child's long-term prognosis — and may itself be a form of negligence.

Risk Factors That Should Have Prompted Extra Caution

While Erb's Palsy can occur even with careful delivery practices, certain risk factors should prompt physicians to take additional precautions or consider alternative delivery methods. These include:

• Macrosomia (a larger-than-average baby)
• Maternal diabetes
• Prolonged or difficult labor
• Breech presentation
• Use of vacuum extraction or forceps
• A history of shoulder dystocia in a previous delivery

When a physician fails to account for these known risk factors — for example, by not offering a cesarean section despite clear warning signs — it can form the basis of a medical malpractice claim. An experienced Erb's Palsy attorney will review your prenatal records to determine whether your medical team recognized and appropriately responded to these risks.

Erb's Palsy vs. Other Birth Injuries: Understanding the Difference

Erb's Palsy is one of several brachial plexus-related birth injuries, and families are sometimes uncertain which condition applies to their child. Understanding these distinctions can help you and your attorney build the strongest possible case:

• Erb's Palsy specifically affects the upper brachial plexus nerves (C5–C6), impacting the shoulder and upper arm.
• Brachial Plexus injuries is the broader category of nerve damage that includes Erb's Palsy along with other variations, such as Klumpke's palsy, which affects the lower arm and hand.
• Cerebral Palsy results from brain injury rather than nerve damage and affects muscle control and coordination more broadly.
• Hypoxic-Ischemic Encephalopathy (HIE) stems from oxygen deprivation during birth and can cause a range of neurological impairments.

If you're uncertain which condition affects your child, our attorneys and medical experts can review your child's diagnosis and medical records to identify the precise nature of the injury and the strongest path toward compensation.

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.