Michigan Erb's Palsy Lawyers

Why Choose LegalGenius for Your Erb’s Palsy Claim?

If your child was diagnosed with Erb’s palsy after a difficult delivery, you need more than a general practice attorney. These cases need an experienced legal team that understands obstetric medicine, knows how hospitals and insurers defend these claims, and has the resources to take them on. That’s what the Michigan Erb’s palsy lawyers at LegalGenius bring to your family.

• Experience in Birth Injury Cases: When you hire LegalGenius, you’re working with attorneys who have spent years handling brachial plexus injury claims. We know how these injuries happen, how providers attempt to justify their actions, and where the standard of care falls short.
• Access to Qualified Medical Specialists: We retain medical specialists who review your case, evaluate your child’s injury, and provide testimony on causation and liability. Their analysis can connect a medical provider’s actions to your child’s current condition.
• Thorough Investigation and Case Building: We pull and review every relevant record: delivery notes, fetal monitoring strips, nursing logs, and hospital protocols. We compare what happened to your child against what should have happened under normal circumstances, and use the conclusions to create your birth injury claim.
• Client-Centered Representation: You’ll always know where your case stands. We communicate clearly and consistently, answer your questions directly, and treat your family as a priority throughout.
• Strategic Approach to Maximizing Compensation: We determine and calculate what your child will actually need, including years of therapy, potential surgeries, assistive equipment, and accommodations as they grow. We account for everything your family has faced and will continue to face in the future.

Our Michigan Erb’s palsy lawyers take birth injury cases on contingency, so you pay nothing unless we recover compensation for your family. If you’re already managing medical bills and long-term care costs, LegalGenius makes it possible to pursue justice without adding to that load.

What Is Erb’s Palsy?

Erb’s palsy is a condition caused by damage to the brachial plexus, a network of nerves responsible for controlling movement and sensation throughout the entire arm. When those nerves are stretched, torn, or compressed during birth, the result is weakness, limited movement, or in severe cases, complete paralysis of the affected arm. 

The brachial plexus is made up of five nerve roots, labeled C5 through T1. Erb’s palsy specifically involves injury to the upper nerves, C5 and C6, though more extensive damage can affect additional nerve roots. The location and severity of the injury determine how much function a child retains and what their road to recovery looks like.

Doctors categorize brachial plexus injuries into four types:

• A neurapraxia is the mildest form, where the nerve is stretched but intact, and recovery is possible. 
• A neuroma involves scar tissue that forms around a damaged nerve, partially blocking signals.
• A rupture means the nerve has been torn and can’t heal on its own.
• An avulsion is the most severe, where the nerve is torn directly from the spinal cord and can’t be repaired without surgery.

Children with Erb’s palsy may hold their arm limply at their side, have difficulty raising it, or show little to no grip strength on the affected side. Some recover with therapy alone. Others require surgery, and some live with permanent limitations.

Did You Know? A review in the National Center for Biotechnology Information reports that Erb’s palsy has a prevalence of approximately 0.9 to 2.6 per 1,000 live births. Additional sources support similar numbers: for instance, pediatric data show neonatal brachial plexus injuries (which include Erb’s palsy) occur around 1.24 per 1,000 births in Canada and roughly 0.38 to 5.1 per 1,000 globally, depending on the population studied.

What Causes Erb’s Palsy?

In most cases, the injury traces back to something that went wrong during labor or delivery. In many of those cases, a medical provider’s actions, or failure to act, played a direct role.

• Shoulder Dystocia: Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pelvic bone after the head has already been delivered. Applying excessive downward force on the baby’s head or neck to free the shoulder puts the brachial plexus under dangerous strain, making it a leading cause of Erb’s palsy.
• Improper Use of Delivery Tools: Forceps and vacuum extractors can cause serious nerve damage when used incorrectly or with too much force. These tools must be handled carefully, and misuse during a difficult delivery can stretch or tear the brachial plexus.
• Failure to Perform a Timely C-Section: When warning signs point to a high-risk delivery, a C-section may be the safest option for both mother and baby. Providers who delay or fail to order one when the situation calls for it put the baby at risk for the kind of trauma that causes Erb’s palsy.
• Mismanagement of Labor Complications: Prolonged labor, abnormal fetal positioning, and other complications call for prompt and appropriate medical responses. When providers fail to monitor these conditions closely or respond correctly, the risk of birth injury rises sharply.
• Large Baby and Difficult Delivery Scenarios: Babies with a high birth weight, particularly those born to mothers with gestational diabetes, have a higher risk for shoulder dystocia. Providers are responsible for identifying these risk factors in advance and preparing accordingly.

When Erb’s Palsy May Be Medical Malpractice

A difficult birth doesn’t automatically mean malpractice occurred. But when a provider’s failure to meet the accepted standard of care directly causes a child’s injury, that’s a different situation entirely, and your family may have a strong legal claim.

Here’s what you need to know:

• The Provider Must Owe You a Duty of Care: Every physician, midwife, and medical professional involved in your delivery has a legal duty to provide care that meets established medical standards. That duty extends to monitoring the pregnancy, identifying risk factors, and responding appropriately when complications arise.
• There Must Be a Breach of Standard of Care: A breach occurs when a provider’s actions fall below what a reasonably competent medical professional would have done in the same situation. In Erb’s palsy cases, that can mean applying too much force during delivery, failing to recognize the signs of shoulder dystocia, or delaying a necessary C-section.
• The Breach Caused Your Child’s Injury: To establish liability, your legal team must show a direct connection between the provider’s actions and your child’s injury. This is where testimony from medical specialists becomes critical. LegalGenius has professional resources who can provide the necessary evidence.

Long-Term Impact of Erb’s Palsy on Children and Families

A diagnosis of Erb’s palsy sets a child on a path that looks very different from what their parents imagined. The toll on families can be immense, and for many, it lasts a lifetime.

• Physical Limitations and Lifelong Disability: Depending on the severity of the injury, a child with Erb’s palsy may have difficulty lifting their arm, limited grip strength, or reduced sensation on the affected side. In serious cases, the arm may never fully function. As children grow, these limitations can affect their ability to participate in everyday activities, from getting dressed to playing sports to carrying a backpack.
• Ongoing Therapy and Surgery: Many children with Erb’s palsy need physical and occupational therapy starting in infancy and continuing for years. Some need surgical intervention, including nerve grafts or muscle transfers, to restore function. Recovery from these procedures takes time, and results aren’t guaranteed.
• Emotional Impact on Children and Parents: Growing up with a physical limitation takes an emotional toll. Children with Erb’s palsy may struggle with self-esteem, frustration, and social challenges as they become aware of what their peers can do that they can’t. Parents deal with their own grief, guilt, and anxiety, particularly when they suspect the injury was preventable.
• Financial Realities of Long-Term Care: The cost of raising a child with Erb’s palsy adds up quickly. Therapy sessions, specialist appointments, surgeries, adaptive equipment, and potential home modifications represent years of ongoing expense. For families already stretched thin, those costs can reshape every financial decision they make.

What Financial Compensation Can You Get in an Erb’s Palsy Claim?

When a child suffers a birth injury due to medical negligence, the compensation your family pursues should reflect the full scope of what that injury has cost you and what it will continue to cost you in the years ahead. This includes:

• Medical Expenses: This includes every hospital bill, surgical cost, and specialist visit tied to your child’s injury, from the initial diagnosis through any future procedures they may require. These expenses can accumulate rapidly, so your claim should account for all of them.
• Rehabilitation and Therapy: Physical and occupational therapy are often central to a child’s recovery from Erb’s palsy. Depending on the severity of the injury, your child may need years of ongoing treatment. The cost of that care belongs in your compensation demand.
• Assistive Devices and Home Modifications: Some children with Erb’s palsy require braces, adaptive equipment, or modifications to their home and school environment. These are real costs that your family shouldn’t have to absorb alone.
• Pain and Suffering: Your child has endured physical pain and will likely continue to. Compensation for pain and suffering acknowledges that harm goes beyond what shows up on a medical bill.
• Loss of Quality of Life: A child who grows up with limited arm function may encounter restrictions in activities, opportunities, and experiences that other children take for granted. Compensation for loss of quality of life puts a value on what your child has lost and what they’ll continue to miss out on.

How Does an Erb’s Palsy Claim Work?

If you believe your child’s Erb’s palsy was caused by a delivery room error, knowing how a birth injury claim unfolds can help you prepare. Here’s what to expect when you work with LegalGenius.

• Initial Consultation and Case Evaluation: Your first conversation with LegalGenius is free and carries no obligation. We listen to what happened, ask questions, and give you an honest assessment of your potential claim. If we believe negligence played a role, we’ll tell you clearly and explain your options.
• Investigation and Evidence Gathering: We obtain and review all relevant medical records, including prenatal care notes, delivery records, fetal monitoring strips, and nursing logs. We work with medical specialists to evaluate the care your family received and identify where the standard of care was breached.
• Filing the Claim: Once we’ve built your case, we file a formal malpractice claim against the responsible parties. This puts the legal process in motion and signals to the defendant and their insurers that your family is serious about pursuing accountability.
• Negotiation vs. Trial: Many birth injury cases reach a settlement before trial. We negotiate aggressively on your behalf to secure compensation that reflects the true scope of your child’s injury. If a fair settlement isn’t on the table, LegalGenius is fully prepared to take your case to court.

Speak to a Michigan Erb’s Palsy Lawyer Today

If your child was diagnosed with Erb’s palsy and you believe delivery room negligence played a role, your family has the right to pursue answers and accountability.  LegalGenius is ready to review your case, answer your questions, and help you understand your legal options. Your consultation is completely free, and you pay nothing unless we recover compensation for your family. There’s no obligation, no pressure, and no risk in making that first call.

Your child’s future care and your family’s financial stability are both worth fighting for. To schedule your free consultation, call 800-209-4000 or fill out our Ask the Genius™ form, and an attorney will contact you within five minutes. 

Michigan Erb’s Palsy FAQS

Can You Fully Recover From Erb’s Palsy?

Recovery from Erb’s palsy can vary depending on how severe the nerve injury is. 

• In mild cases, many infants recover fully within a few months as the affected nerves heal on their own, especially with early physical therapy to maintain movement and strength.
• More serious cases (where nerves are stretched, torn, or damaged) may lead to partial recovery, with lasting weakness, limited range of motion, or muscle imbalance in the arm or shoulder. 
• Some children may need surgery, such as nerve grafts or muscle transfers, to improve function. 

Overall, while full recovery is possible for some, others may experience long-term effects, making early diagnosis and treatment especially important for the best outcome.

What is the Difference Between Erb and Klumpke Palsy?

Erb’s palsy and Klumpke’s palsy are both types of brachial plexus injuries, but they affect different parts of the nerve network and have different symptoms. 

• Erb’s palsy involves damage to the upper nerves (C5–C6) and mainly affects the shoulder and upper arm, leading to weakness in lifting the arm, bending the elbow, or rotating the shoulder. The arm may hang limp with the hand turned inward. 
• Klumpke’s palsy affects the lower nerves (C8–T1) and primarily impacts the forearm and hand, causing weakness or paralysis in the fingers and wrist, sometimes resulting in a “claw hand” appearance. 

In short, Erb’s palsy affects upper arm function, while Klumpke’s palsy affects hand and finger control. The causes and recovery patterns can differ based on which nerves are injured.

How Long Do I Have to File a Claim?

In Michigan, the statute of limitations for medical malpractice is generally two years from the date the injury was discovered or reasonably should have been discovered. For minors, there are additional rules that may extend that window. The sooner you speak with an attorney, the better positioned your family will be. 

Does My Child’s Age Affect My Ability to File?

Michigan law provides special protections for minors in medical malpractice cases, which means the standard two-year window may not apply the same way it would for an adult claim. Your child’s age at the time of filing, when the injury was discovered, and other factors all play a role in determining your timeline. A LegalGenius attorney will review your situation and tell you exactly where you stand.

What If Erb’s Palsy Symptoms Appear Later?

Some children don’t show the full extent of their injury right away. If your child’s limitations became apparent weeks, months, or even years after birth, you may still have legal options. Contact LegalGenius to discuss your situation and find out what recourse may be available to your family.

Will My Erb’s Palsy Case Go to Trial?

Many birth injury cases resolve through settlement. However, if the responsible parties refuse to offer compensation that truly reflects your child’s injury, LegalGenius is fully prepared to take your case to trial. We build every case from the start as if it’s going before a jury, which puts your family in the strongest possible position at every stage.