Pittsburgh
Erb’s Palsy Lawyer

On This Page

1. Did Neglilgence Lead to your Infant's Birth Injury?
2. Erb’s Palsy Is One of the Most Common Brachial Plexus Injuries
3. Berger and Green Knows How to Navigate the Pennsylvania Medical Malpractice Claims Process
4. Damages Available in a Pittsburgh Birth Injury Medical Malpractice Case
5. There May Be Limits on How Long You Have to File Your Case
6. Discuss Your Legal Options with a Pittsburgh Medical Malpractice Lawyer

REVIEWED BY

C. William Kenny

January 01, 2024

Board certified by National Board of Trial Advocacy

Did Neglilgence Lead to your Infant’s Birth Injury?

Berger and Green’s Pittsburgh medical malpractice attorneys can help you understand your rights and take legal action if a doctor’s negligence led to your infant’s birth injuries. This includes Erb’s palsy and other types of brachial plexus injuries. Let us review your case for free. We can pursue compensation for your family, with the possible value of recovery dependent on:

• The facts of the case against the doctor or hospital
• Your actual expenses and losses from medical treatment, ongoing care, and more
• Your child’s prognosis and level of impairment
• Your child’s ongoing care needs

To learn more about your family’s options for holding the negligent doctor responsible for your child’s Erb’s palsy, call 412-661-1400 today. We offer free case reviews, and we do not get paid unless you do.

Erb’s Palsy Is One of the Most Common Brachial Plexus Injuries

The brachial plexus is a network of nerves in the neck that connect the hands and arms to the spinal column. These nerves can sustain damage when the doctor uses too much force to push or pull a baby during delivery. Erb’s palsy is often the result of shoulder dystocia.

Erb’s palsy refers to an injury that is specific to the nerves that provide sensory input and movement to the upper arm. Babies with this condition may have weakness and loss of motion in the affected arm.

Physical therapy can help them build strength and regain motor control, and some children recover fully. Others, however, have lasting damage to the nerves of their shoulder and upper arm. This may require ongoing treatment and lead to lifelong impairments.

Children with lasting symptoms may have problems with:

• Weakness
• Lack of motor or sensory function
• Muscle contractures
• Slowed growth of the affected arm

The cost of treating this type of birth injury and helping your child to adapt to lasting impairments can cause a lot of financial stress on a family. Our team understands that you need help ensuring your child gets the best treatment and support possible. We can pursue the compensation necessary to secure the funds for their ongoing care on your behalf.

Berger and Green Knows How to Navigate the Pennsylvania Medical Malpractice Claims Process

Pennsylvania law makes it difficult to pursue and recover compensation in a birth injury medical malpractice case. At Berger and Green, our attorneys know what it takes to prove this type of case and the evidence we need to get a fair payout for your family.

To win any medical malpractice case in Pennsylvania, we must show:

• How most doctors would handle the complications that arose during your labor and delivery, known as the “standard of care”
• What your doctor or other caregiver did that deviated from what most doctors would do
• How this deviation caused your child to suffer a brachial plexus injury resulting in Erb’s palsy

To this end, Pennsylvania law requires us to call in a doctor to serve as a medical expert witness in your case. This expert witness must:

• Have similar education and experience to the doctor accused of malpractice
• Practice in a close geographical area, often elsewhere in Pittsburgh

We maintain a network of health care professionals who can testify on your behalf or connect us with someone who can. We will interview experts and identify the best one for your case. Then, we will build a case for compensation based on their testimony and any other evidence we collect.

After building a strong case, we can approach the doctor’s medical malpractice insurance carrier to try to negotiate a payout, or we can take the case to court. To learn more about this process, call us at 412-661-1400.

Damages Available in a Pittsburgh Birth Injury Medical Malpractice Case

If your infant suffered a preventable birth injury, we can help you try to hold the doctor or hospital liable for your related expenses and losses. If we pursue a payout and get it on your behalf, you may be able to recover damages including economic and noneconomic damages.

Rarely, when the court believes the doctor committed wanton and willful misconduct, punitive damages may be available. However, Pennsylvania caps the amount of punitive damages you can recover.

Economic Damages

Economic damages include your actual expenses and losses, both in the past and in the future. They commonly include:

• Medical bills and treatment costs
• Ongoing and future care costs
• Other related expenses

Noneconomic Damages

Noneconomic damages are more difficult to calculate because there is no monetary value. This includes your family’s emotional damages. Common examples include:

• Your child’s pain and suffering
• Mental anguish

There May Be Limits on How Long You Have to File Your Case

Pennsylvania law sets the statute of limitations on medical malpractice cases at two years. If you fail to take legal action against the doctor or hospital during this time, you may lose your right to do so. However, birth injury claims are unique. It can take several years before parents are fully aware of their child’s injuries and lasting impairments.

For this reason, you may have longer to pursue action against your doctor in a medical malpractice case where your child is the victim. Call our team today to learn more. We can evaluate your case for free and explain the time limits that apply.

Discuss Your Legal Options with a Pittsburgh Medical Malpractice Lawyer

If your child has Erb’s palsy or another brachial plexus injury following birth complications, the Pittsburgh medical malpractice lawyers from Berger and Green are here to help. We can review your case at no cost to you.

Call or text 412-661-1400 today for your free consultation.