Will my child recover from Erb's palsy?

Many infants recover with therapy, but some have permanent weakness and need surgery. The expected long-term outcome strongly affects the value of a claim.

What are the risk factors for shoulder dystocia?

Commonly cited risk factors include suspected large birth weight, maternal diabetes, a prior shoulder dystocia, and prolonged labor. Whether they were identified and discussed is often examined.

How long do I have to file?

State statutes of limitations vary, generally one to three years from injury or discovery. Special rules apply to minors and to deaths. Contact a lawyer promptly.

How much does a case review cost?

Case reviews through Medical Malpractice Claim are free and confidential. Most malpractice attorneys work on contingency where permitted by state law.

Medical malpractice — claim type

Erb's Palsy Lawyer

Q: Can Erb's palsy happen without negligence?

Yes, in some cases. The claim depends on whether the delivering provider anticipated risk factors and used accepted maneuvers during shoulder dystocia rather than excessive traction on the baby's head.

Erb's palsy from shoulder dystocia? Learn how brachial plexus birth injury claims work and start a free, confidential case review.

Last reviewed: September 30, 2026 · Reviewed by our editorial team.

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Erb's Palsy Lawyer — legal review by medical malpractice attorneys

Direct answer

Erb's palsy is a brachial plexus nerve injury that weakens or paralyzes a baby's arm, most often after excessive sideways pulling on the head during shoulder dystocia. Claims focus on whether the delivering provider anticipated risk factors and used accepted maneuvers rather than excessive force to free the baby's shoulder.

Overview

Shoulder dystocia — when a baby's shoulder becomes stuck behind the mother's pelvic bone — is an obstetric emergency with recognized management steps. Erb's palsy claims examine prenatal risk assessment (such as suspected large birth weight or maternal diabetes), whether a C-section should have been offered, and what maneuvers were used during delivery.

These cases require a careful records review and qualified medical expert testimony. Outcomes depend on the strength of the evidence, the jurisdiction's rules, and the patient's damages.

Still deciding whether what happened was malpractice? Compare your situation with our signs of medical malpractice, real-world medical malpractice examples, and when you can sue your doctor.

Common examples

Fact patterns we review

• Excessive traction on the baby's head during delivery
• Risk factors for shoulder dystocia not discussed or planned for
• Accepted delivery maneuvers not attempted
• Improper use of vacuum or forceps
• Delay in diagnosing or referring the nerve injury after birth

What must be proven

The four legal elements

1. Provider-patient duty of care
2. Breach of the applicable standard
3. Causal link between breach and harm
4. Damages: medical costs, lost income, pain, death

Possible defendants

Who may be liable

• Obstetricians and delivering physicians
• Midwives
• Hospitals and birthing centers

Compensation that may be available

• Past and future medical expenses
• Lost wages and earning capacity
• Pain, suffering, and loss of enjoyment
• Wrongful death damages where applicable

Many states cap non-economic damages, and individual case value depends on facts, evidence, jurisdiction, and insurance coverage. See our medical malpractice compensation guide, state-by-state filing deadlines, and medical malpractice lawyers by state. You may also want to review related malpractice injuries and conditions. For typical case values, see average medical malpractice settlement amounts and whether malpractice settlements are taxable.

Frequently asked questions

Erb's Palsy Lawyer — FAQs

Related claim types

Other malpractice claims we review

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