Stone Mountain Erb’s Palsy Lawyer

Highly Rated Stone Mountain Erb’s Palsy Attorney

When a child is diagnosed with Erb’s palsy, families are often left with questions about what caused the injury and what comes next. Some cases stem from unavoidable complications during delivery, while others are tied to the negligence of hospital staff. For families in Stone Mountain, knowing their legal options can be essential for recovering the compensation they and their child deserve. Turn to an experienced Stone Mountain Erb’s palsy lawyer for the legal assistance you need.

About The Tolson Firm, LLC

The Tolson Firm, LLC, represents families in medical malpractice, birth injury, wrongful death, and other serious personal injury cases. Families who believe medical negligence caused harm during childbirth may benefit from speaking with a Stone Mountain birth injury lawyer to understand their legal rights and options. The firm is led by Audrey M. Tolson, a proud Black attorney with over 30 years of experience. For families dealing with Erb’s palsy, our firm can review whether a mistake or negligence during delivery may have caused the child’s injury.

We are a boutique practice that handles complex malpractice cases. Over the years, we’ve managed dozens of multi-million-dollar* cases, helping families recover the compensation they deserve. While the professionals at Piedmont Eastside Medical Center and Emory Decatur Hospital offer exceptional care, malpractice can occur anywhere. Our team is standing by to help families when it does.

Causes and Symptoms of Erb’s Palsy

Erb’s palsy is caused by damage to the brachial plexus, which is the group of nerves that controls movement and sensation in the shoulder, arm, and hand. In newborns, Erb’s palsy often happens when the baby’s neck and shoulder are stretched during delivery. Common causes include:

• Shoulder dystocia when the baby’s shoulder gets stuck during delivery, which occurs in up to seven percent of newborns, depending on birth weight
• Excessive pulling on the baby’s head, neck, or shoulders
• Improper use of forceps or vacuum extraction
• Complications during breech delivery
• Failure to order a C-section despite clear delivery risks

Erb’s palsy symptoms can vary, depending on how badly the nerves were stretched or torn. Some children improve with time and therapy, while others have lasting weakness or impaired movement. Common symptoms include:

• Weakness in the affected shoulder or arm
• Limited range of motion
• A limp or bent arm
• Loss of feeling
• Trouble with gripping
• Difficulty lifting or moving the arm

Proving Medical Negligence

Proving medical negligence in an Erb’s palsy case requires showing that a doctor, nurse, hospital, or delivery team failed to provide proper care during childbirth. A poor outcome doesn’t always mean that malpractice occurred. The key question is whether the medical provider acted differently from how a careful provider would have under the same circumstances.

Evidence to establish negligence may include:

• Prenatal records
• Delivery notes
• Fetal monitoring records
• Witness statements
• The opinions of other medical professionals

These can show whether the baby had known risk factors, whether shoulder dystocia was managed properly, or whether a C-section should have been considered sooner. Families also need to connect the provider’s actions directly to the injury to prove malpractice.

Compensation for Erb’s Palsy Cases

In Erb’s palsy cases in Stone Mountain, Georgia, children and their families may be entitled to compensation for their losses caused by a medical professional’s negligence. Economic damages are tangible losses, like hospital costs, doctors’ bills, costs of medication, and treatment expenses. Time missed from work so parents can care for their children may also be factored in, as can travel expenses for doctor and therapy appointments.

Families can also recover non-economic damages related to the injury. These include damages such as physical pain, emotional distress, permanent loss of function, and loss of enjoyment of life. These damages don’t come with a receipt, but they’re no less real for a child suffering from Erb’s palsy.

FAQs

How Serious Is Erb’s Palsy?

Erb’s palsy can be serious, especially when nerve damage is severe or doesn’t improve with therapy. Some children regain movement over time, but others may have lasting weakness, limited range of motion, loss of feeling, or trouble using the affected arm. Serious cases often require surgery, ongoing physical therapy, and long-term care. The condition can also affect daily activities as a child grows, making early diagnosis and consistent treatment important for recovery.

How Long Do I Have to File an Erb’s Palsy Case?

Parents have limited time to file Erb’s palsy cases on behalf of their children. Under O.C.G.A. § 9-3-73, you have two years from the child’s fifth birthday to bring a claim against a medical professional or institution for malpractice. While this may seem like a lot of time, it’s important to note that Erb’s palsy is not always immediately apparent. Contact a Stone Mountain Erb’s palsy attorney as soon as possible to begin your case.

How Rare Is Erb’s Palsy?

Erb’s palsy is relatively rare, occurring in up to 2.6 live births per 1,000. Injuries to the brachial plexus are more common, with up to 4.6 cases per 1,000. This injury is often treatable, with the vast majority of cases seeing full recovery. However, it’s essential to get proper care, and the sooner treatment begins, the more likely it is to be successful.

Can You Get Surgery for Erb’s Palsy?

Yes, children can get surgery for Erb’s palsy, but it’s usually considered only when nerve damage is so severe that therapy and time are not enough to fix it. Surgical options include nerve repair, nerve grafting, nerve transfer, or procedures to improve shoulder and arm function. Doctors often monitor recovery closely before recommending surgery. Families should consult a pediatrician to understand the risks and whether surgery may improve their child’s long-term development.

Hire an Erb’s Palsy Lawyer

The birth of a child is meant to be an exciting time, not one filled with fear, anxiety, and uncertainty. A birth injury like Erb’s palsy often leaves families with questions about their child’s future and health. Hire an Erb’s palsy lawyer from The Tolson Firm, LLC, to pursue the compensation you need for your child to move forward in life.

Contact The Tolson Firm, LLC, today to learn more about our legal services and how our attorneys can help you and your family.

*Past results do not guarantee specific outcomes.