Washington D.C. Erb’s Palsy Lawyer

When your child is suffering from Erb’s palsy after delivery, you may feel overwhelmed by questions about what went wrong during childbirth. Medical negligence during labor can result in lasting brachial plexus injuries that affect your infant’s arm and shoulder function for years to come.

The physical and emotional impact of these birth injuries extends far beyond the delivery room, creating challenges for your entire family as you consider therapy, medical appointments, and uncertain outcomes.

As an experienced Washington D.C. Erb’s palsy lawyer, Frank Spector understands the devastating effect these preventable injuries have on families throughout Washington D.C. and Maryland.

He has dedicated decades to helping families seek compensation when medical malpractice causes harm to their children, successfully recovering millions for families facing similar challenges, including:

• $1,500,000: Awarded a $1.5 million jury verdict in Baltimore City for a child with an Erb’s Palsy injury.
• $1,300,000: Awarded a $1.3 million jury verdict in West Virginia for an Erb’s Palsy injury to a baby.
• $3,400,000: Awarded a $3.4 million settlement for injury to a child in Baltimore.
• $2,500,000: Awarded a $2.5 million settlement for baby injured at birth in Washington, DC.

Call our experienced Washington D.C. birth injury lawyer at 443-845-1456 for a free consultation – when you call, you will speak to Frank personally.

Find Out More

 

Your legal options if medical negligence caused your child’s Erb’s palsy

Families facing a child’s brachial plexus injury have the right to pursue accountability when hospital staff or medical professionals fail to meet accepted standards of care.

Taking legal action can provide the financial resources needed for ongoing physical therapy, specialized equipment, and future medical care that your child may require. Beyond compensation, pursuing a legal claim often brings the answers and clarity that hospitals are reluctant to provide voluntarily.

⚖️ The legal process also serves a broader purpose by holding healthcare providers accountable for preventable mistakes that cause lifelong complications. When medical experts fail to properly assess risks during delivery or use improper techniques that result in nerve damage, they must answer for the consequences that follow.

 

How to know if you have an Erb’s palsy case in Washington, D.C.

Legal elements needed to establish a valid medical malpractice claim involve proving specific components that connect your child’s injury to substandard medical care. A successful case requires demonstrating that healthcare providers failed to meet their professional obligations during the birthing process.

Essential legal elements include:

• Duty of care: The medical professional had an obligation to provide appropriate treatment during delivery
• Breach of duty: Healthcare providers failed to meet accepted standards through negligent actions or failure to act
• Causation: A direct link exists between the medical professional’s breach and your child’s brachial plexus injury
• Damages: Your family has suffered emotional, physical, and financial losses as a result of the medical negligence

💡 Hypothetical Scenario: A baby presents in breech birth position during labor, but the medical team fails to assess the risks properly and proceeds with vaginal delivery instead of performing a c-section. During delivery, excessive pressure on the baby’s head and shoulders causes nerve damage to the brachial plexus, resulting in paralysis of the infant’s arm.

Compensation for families raising a child with Erb’s palsy

Families caring for a child with nerve damage from medical malpractice deserve comprehensive compensation that addresses both current needs and future care requirements. The severity of brachial plexus injuries varies significantly, with some children experiencing partial weakness while others face complete paralysis of the affected limb.

Available compensation may include:

• Physical and occupational therapy: Ongoing treatment sessions to help your child regain movement and develop adaptive skills. These specialized therapy programs often continue for years and require significant financial investment.
• Surgery and follow-up procedures: Some children require multiple surgical interventions to restore function or prevent further complications. Post-surgical care and rehabilitation add to the overall treatment costs.
• Special education support: Children with Erb’s palsy may need modified learning environments and specialized assistance to succeed academically. Educational accommodations and support services represent ongoing expenses.
• Home accessibility modifications: Families often need to modify their homes to accommodate a child’s physical limitations. These changes ensure safety and independence as the child grows.
• Long-term loss of income: Parents frequently reduce work hours or leave careers entirely to care for their injured child. The financial impact of these decisions affects families for decades.
• Emotional pain and suffering: The psychological impact of watching your child struggle with preventable injuries deserves recognition and compensation in any settlement.

In Washington D.C., families pursuing an Erb’s palsy claim may be entitled to both economic damages, like medical expenses, therapy, and lost income, and non-economic damages, which account for the emotional pain, reduced quality of life, and long-term impact of the injury.

While D.C. does not cap damages in medical malpractice cases, awards are guided by legal standards that ensure fair and reasonable compensation.

How to get in touch with our Washington D.C. Erb’s palsy lawyer

Contacting Frank Spector Law is straightforward, and we make ourselves available to families who need answers about their child’s birth injury. Multiple communication options ensure you can reach us in whatever way feels most comfortable during this difficult time.

Available contact methods include:

• Telephone: Call 443-845-1456 to speak directly with Frank for immediate assistance
• Online contact: Visit our contact form to schedule your consultation
• Email consultation: Send us details about your case at frank@frankspectorlaw.com

We offer every family a free consultation to discuss your child’s Erb’s palsy case – contact us today.

Find Out More

 

Who can be held accountable in a birth injury claim?

Multiple healthcare providers may share responsibility when medical negligence causes brachial plexus injuries during delivery. Hospitals, medical staff, and individual practitioners all have specific duties to ensure safe childbirth outcomes for mothers and babies.

Potential defendants include:

• Delivering physician: The doctor who managed labor and delivery bears primary responsibility for recognizing complications and making appropriate decisions. Failure to identify shoulder dystocia or respond properly to delivery complications can result in nerve damage.
• Hospital and medical staff: Healthcare facilities must ensure adequate staffing, proper training, and appropriate protocols for high-risk deliveries. Nurses and support staff also have duties to monitor patients and alert physicians to concerning developments.
• OB/GYN specialists: Obstetricians who provide prenatal care should identify risk factors that might complicate delivery. Failure to plan appropriately for large babies or other complications can contribute to birth injuries.
• Anesthesiologists and surgical teams: When emergency interventions become necessary, specialists must respond quickly and competently. Delays or errors during emergency procedures can worsen outcomes for both mother and baby.

Multiple parties can share fault in birth injury cases, and each defendant’s degree of responsibility affects their liability for damages. Hospitals may bear vicarious liability for their employees’ actions, while individual practitioners face direct liability for their personal negligence.

Can Erb’s palsy be prevented?

Many cases of Erb’s palsy result from preventable medical errors rather than unavoidable complications during childbirth. Proper fetal monitoring, early recognition of risk factors, and appropriate delivery strategies can significantly reduce the likelihood of brachial plexus injuries.

When healthcare providers fail to recognize warning signs or respond appropriately to delivery complications, preventable nerve damage often occurs.

⚠️ Risk factors that should prompt heightened caution include large baby size, maternal diabetes, prolonged labor, and abnormal fetal positioning. Medical professionals have a duty to assess these factors and adjust their approach accordingly, including consideration of c-section delivery when vaginal birth poses excessive risks.

Alternative delivery strategies, proper use of delivery instruments, and timely intervention during shoulder dystocia can prevent the excessive force that damages brachial plexus nerves. The failure to recognize these risks and implement preventive measures often forms the basis for medical malpractice claims involving Erb’s palsy.

How our Washington D.C. Erb’s palsy attorney can help

Frank Spector Law provides comprehensive legal representation that addresses every aspect of your child’s birth injury case. Our approach combines thorough investigation with compassionate client service to ensure families receive both answers and justice.

Our legal services include:

• Investigate medical records: We conduct exhaustive reviews of prenatal care, labor records, and delivery documentation to uncover what happened during your child’s birth. Our medical expert support allows us to identify subtle errors that other attorneys might miss.
• Consult with pediatric neurologists and birth experts: We work with leading medical professionals who can evaluate your child’s condition and testify about the standard of care. These expert witnesses provide vital testimony linking medical errors to your child’s injuries.
• File claims within strict DC deadlines: Washington D.C. has specific time limits for birth injury cases, and we ensure all legal requirements are met promptly. Missing these deadlines can permanently bar your claim, making timely action essential.
• Handle communication with hospitals and insurers: We manage all interactions with medical providers and insurance companies, allowing families to focus on their child’s care. Our experience dealing with defense tactics helps protect your interests throughout the process.
• Pursue compensation reflecting lifetime care needs: We calculate damages based on your child’s projected needs rather than just current expenses. This comprehensive approach ensures settlements address long-term care requirements and future challenges.

Hypothetical Scenario: During a complicated delivery, medical staff recognizes shoulder dystocia but uses excessive force with forceps instead of performing emergency maneuvers or proceeding to c-section. The improper use of delivery instruments causes permanent damage to the child’s brachial plexus nerves, resulting in weakness and limited function in one arm.

Why choose Frank Spector Law as your Erb’s palsy lawyer in Washington, D.C.?

Frank Spector brings 30 years of experience helping people through the complexities of medical malpractice law, with particular expertise in birth injury cases involving nerve damage and other delivery complications.

Frank is known throughout Washington D.C. from television, radio, and online platforms. Our no-fee-unless-we-win structure ensures that financial concerns never prevent families from seeking justice for their injured children.

We understand the unique challenges facing families in the Washington D.C. area and work closely with local healthcare systems to hold providers accountable.

Our client-first approach recognizes that every family’s situation is unique, requiring personalized attention and customized legal strategies. Frank Spector’s deep understanding of both medical procedures and legal requirements allows us to identify vital details that other attorneys might overlook, strengthening your case and improving your chances of success.

Frank’s credentials include:

• “Superb” rating on Avvo: Recognition for legal excellence and client service
• Selected to Super Lawyers: 2008 – present: Consistent recognition among the top attorneys in our field
• Verified Justia profile: Documented legal experience and professional standing
• Verified D.C. Bar member: 1993 – current: Licensed to practice law in Washington, D.C. for over 30 years

If you’re not ready to talk by phone, that’s okay—just fill out our secure online form and we’ll reach out when you’re ready. Your child’s future matters, and we’re here to help you fight.

Find Out More

 

Statute of limitations in Washington, D.C.

Under D.C. Code § 12–301(8), Washington D.C. law provides three years from the date of injury or discovery for filing medical malpractice claims, but special provisions apply to children. For minors, the statute of limitations extends until the child’s 21st birthday, giving families additional time to pursue claims on behalf of injured children.

The three-year period typically begins when the negligent act occurred or when the injury was discovered, whichever comes first. For birth injuries that aren’t immediately apparent, the discovery rule allows families to file claims within three years of realizing their child’s condition resulted from medical negligence.

⚠️ Time is key in birth injury cases because medical records become harder to access, and witnesses may become unavailable as years pass. Early consultation with our injury attorney today ensures that important evidence is preserved and legal deadlines are met. Delaying action can compromise your case and potentially bar your claim entirely if statutory deadlines expire.

Erb’s Palsy Case Timeline	Key Deadlines
Birth injury occurs	Medical negligence causes nerve damage
Injury discovery	Parents realize child has lasting complications
Legal consultation	Attorney evaluates case within weeks of discovery
Investigation phase	Medical records reviewed within 3-6 months
Expert evaluation	Medical experts assess case within 6-12 months
Filing deadline	Lawsuit filed before statute of limitations expires

General information on Erb’s palsy

Understanding the medical aspects of brachial plexus injuries helps families make informed decisions about treatment and legal options. These birth injuries affect the network of nerves controlling arm and shoulder movement, with consequences ranging from temporary weakness to permanent paralysis depending on the severity of nerve damage.

What is Erb’s palsy?

Erb’s palsy represents a specific type of brachial plexus injury affecting the upper portion of the nerve network that controls arm and shoulder function. This disorder occurs when excessive force during delivery stretches or tears these delicate nerves, resulting in weakness or paralysis of the affected limb.

The condition’s severity varies considerably, with some children experiencing mild weakness while others face complete loss of function in the affected arm.

The brachial plexus nerves originate in the spinal cord and travel through the shoulder to control movement and sensation in the arm, wrist, and hand. When delivery complications cause these nerves to stretch beyond their limits, the resulting damage can affect your child’s ability to move their shoulder, elbow, or fingers normally.

Types of brachial plexus injuries

Different types of nerve damage produce varying symptoms and recovery prospects, making accurate diagnosis vital for treatment planning. Understanding these distinctions helps families and medical professionals develop appropriate therapy programs and set realistic expectations for recovery.

The four main categories are:

• Neurapraxia: The mildest form, involving nerve stretching without tearing, often healing completely within several months. Children with neurapraxia typically regain full function through physical therapy and time.
• Neuroma: Scar tissue formation around damaged nerves limits function and may require surgical intervention. Recovery from neuroma injuries varies depending on the extent of scarring and the success of treatment.
• Rupture: Complete nerve tearing where the nerve remains attached to the spinal cord but is severed elsewhere. Ruptured nerves typically require surgical repair to restore any meaningful function.
• Avulsion: The most severe injury, where nerve roots detach completely from the spinal cord, usually resulting in permanent paralysis. Avulsion injuries rarely respond to treatment and often cause lifelong disability.

Medical mistakes that may cause Erb’s palsy

Specific errors during labor and delivery frequently contribute to preventable brachial plexus injuries, highlighting the importance of proper medical management during childbirth. These mistakes often involve failure to recognize risk factors or inappropriate responses to delivery complications.

Common medical errors area:

• Failure to manage shoulder dystocia: When the baby’s shoulder becomes trapped behind the mother’s pelvic bone, emergency maneuvers are required to prevent nerve damage. Delayed recognition or improper techniques can cause severe complications.
• Improper use of forceps or vacuum: Delivery instruments must be used carefully to avoid excessive force on the baby’s head and neck. Incorrect placement or excessive traction can stretch brachial plexus nerves beyond their limits.
• Excessive traction on head or shoulders: Pulling too hard during delivery, especially when complications arise, can cause nerve damage. Proper training and technique are essential to prevent these injuries.
• Delayed emergency c-section: When vaginal delivery becomes dangerous, timely surgical intervention can prevent birth injuries. Delays in making this decision often result from poor judgment or inadequate assessment of risks.
• Failure to assess risk factors: Large babies, maternal diabetes, and prolonged labor all increase the likelihood of delivery complications. Medical professionals must recognize these factors and adjust their approach accordingly.

Signs of Erb’s palsy in infants

Early recognition of brachial plexus injury symptoms allows for prompt intervention and better outcomes for affected children. Parents and medical professionals should watch for specific signs that indicate nerve damage has occurred during delivery.

📌 Warning signs include:

• Weak grip or poor hand coordination: Affected children may have difficulty grasping objects or coordinating fine motor movements in the injured arm
• Arm held limp against body: The injured limb often hangs motionless at the child’s side, showing little spontaneous movement
• Inability to move shoulder or elbow: Loss of function in major joints indicates significant nerve damage requiring immediate attention
• Asymmetrical Moro reflex: The startle response appears uneven, with the injured arm failing to respond normally to stimulation
• Lack of movement during feedings: Affected children typically cannot use the injured arm to assist with feeding or reach for objects

Parents should contact medical professionals immediately if they notice any of these symptoms, as early intervention can improve outcomes for children with brachial plexus injuries. Documentation of these symptoms also becomes important evidence in potential legal cases.

Free consultation: Speak with our Erb’s palsy attorney in Washington, D.C. today

Families dealing with a child’s birth injury deserve answers about what happened during delivery and whether medical negligence played a role in their child’s condition. Frank Spector Law provides comprehensive case evaluations that help families understand their legal options without any financial obligation.

Time limitations make early consultation important, as important evidence can be lost and legal deadlines may expire if families delay seeking help.

✔️ Our free consultation process ensures that every family receives the information they need to make informed decisions about pursuing legal action. We understand the emotional and financial stress these situations create, which is why we never charge fees unless we successfully recover compensation for your family.

If your child was diagnosed with Erb’s palsy following delivery complications, you deserve answers about what went wrong and who should be held accountable.

Schedule a consultation with Frank Spector Law today by calling 443-845-1456 – when you call, you will speak to Frank personally – or visit our contact us page.

Find Out More

 

FAQs