Erb's Palsy Lawyers in the United States (2026)

About erbs palsy claims

Erb’s palsy is arm weakness or paralysis that follows stretching or tearing of the brachial plexus nerves during a difficult delivery. Malpractice can cause it, too. A diagnosis alone won't support a claim, because you need to show that care below the applicable standard caused the nerve injury and harmed your child.

Put your child’s care first. You can also take your concerns about the delivery to a lawyer in your state, who can explain filing deadlines and what care needs review. You don't have to know who was responsible to ask a lawyer to look into the delivery.

What Erb’s palsy means

Erb’s palsy affects the brachial plexus, a group of nerves that can be injured. During a difficult delivery, those nerves can stretch or tear, leaving a child with a weak or paralyzed arm. Doctors describe Erb’s palsy as one type of birth injury.

The diagnosis confirms that an injury occurred. Whether the delivery team could have prevented it is a different question, and someone needs to review that separately. Ask the treating clinician what happened to your child’s nerves, then discuss with a lawyer whether the care met the requirements that applied during the delivery.

How it happens and what to raise with a clinician

During a difficult delivery, stretched or torn nerves can cause Erb’s palsy, leaving an arm weak or paralyzed. Watch your child’s arm. Ask the treating clinician to examine it if you notice weakness or if the way your child moves the arm worries you. Leave the diagnosis to the clinician rather than attempting it yourself.

Ask the clinician to explain what the diagnosis means for your child’s arm and the recommended care if you don't understand. Keep asking about your child’s care. While a lawyer reviews the delivery, your child’s treating clinician is still the person to ask about those medical questions.

When an Erb’s palsy injury may be malpractice

Martin & Jones says that Erb’s palsy is a birth injury that medical malpractice can cause. “Can” matters in that statement. Your child’s diagnosis doesn't establish that malpractice caused Erb’s palsy. Although the firm’s Erb’s palsy page offers a free consultation, you'll need more than that conversation to establish what happened during your child’s delivery.

The lawyer will compare what the delivery team did with what the circumstances required to determine whether the care fell below the standard of care. The injury alone can't establish that. What happened during your child’s delivery needs a closer look before the lawyer can say the care fell short, even though the injury is known.

The lawyer must examine what caused the injury separately. Even if the care was inadequate, a claim needs to connect that shortcoming to the injury to your child’s nerves. Ask the lawyer what evidence connects the care to the injury if they find a link, including what they still need to clarify.

You'll also need to show how your child was harmed. Ask how the lawyer will look into what the injury has meant for your child when you discuss the weak or paralyzed arm. Your state’s rules govern how the lawyer must address these questions when looking into your child’s claim.

• Standard of care: What care did the circumstances require, and does the record show that the delivery team provided it?
• Causation: If the review finds that care fell short, what shows that it caused the nerves to stretch or tear?
• Harm: How has the injury affected your child, according to what's documented in your child’s medical record?

You can read the obstetrical malpractice page if your concerns center on decisions made during labor or delivery. Someone involved may not have been responsible. Ask the lawyer whose actions warrant a closer look once they've started examining what happened during your child’s delivery.

Neonatal Neurologic Injuries - Naomi Ojumah, MDSeattle Science Foundation12:21

Prepare for a review without building the case yourself

Write a short account of the delivery that includes your child’s diagnosis. For each detail, say whether you recall it yourself or a clinician told you. You can leave gaps unfilled. Tell the lawyer when you don't remember a detail, rather than trying to supply something missing from your account.

Keep a copy of anything you send out. To help you decide whether to go ahead, ask the lawyer during the consultation what they can tell from the records and which questions they still need to investigate.

Choosing a lawyer for an Erb’s palsy review

Ask what work a firm has actually done when it says it handles matters involving Erb’s palsy or brachial plexus injuries. Don't stop at the title. A page title is an advertisement, not an explanation of how the firm would look into what happened during your child’s delivery.

Don't use a recovery headline to predict your child’s case. Ask what work the firm did in a case with a published result, including whether that case involved Erb’s palsy. Ask the lawyer what facts set that case apart, and expect them to explain their work without promising that you'll get the same result.

• Which person would review the delivery records? Who would you talk to on a regular basis?
• When brachial plexus nerves stretched or tore during delivery, has the firm handled those claims?
• Before deciding whether it can bring a claim, what would the firm need to know?
• Find out what you might have to pay in fees or case expenses. Get a written copy of the proposed terms.
• If the firm turns you down, find out whether it thinks there's a problem with the claim or has another reason. Should you seek another review promptly?

Deadlines differ by state

No nationwide statute of limitations sets the deadline for every Erb’s palsy malpractice claim. Each state sets its own deadlines. After using the state pages to locate the relevant jurisdiction, talk with a lawyer there about what those rules mean for your child.

Don't assume your child’s age gives you unlimited time. Ask whether you have to do anything before the complaint is due, not just when you need to file it. Until a lawyer knows your circumstances, they can't give you a filing date that you can rely on.

What to do next

As your child’s medical needs continue, keep discussing them with the treating clinician. If you want the legal question addressed, request a review of the delivery and the documented injury. You can ask for help without accusing any particular person of doing something wrong.

Martin & Jones offers a free consultation, as does Bertram & Graf through Bertram & Graf’s Erb’s palsy page. Ask what you'll discuss at the consultation before you book. If you'd bring the claim in a particular state, check that the firm handles cases there.

This page gives general information, not advice about your case. If you need to know how the rules affect your family’s circumstances, talk with a lawyer in your state.

Birth Injury Types | Explanation of Common TypesBirth Injury Center6:06