Las Vegas Erb's Palsy Attorney
Legal Help After An Erb's Palsy Diagnosis
Learning that your baby has Erb's palsy can be frightening. Parents often leave the hospital with more questions than answers and with a deep worry about what the diagnosis means for their child’s future. When you suspect that something went wrong during labor or delivery, it is natural to wonder whether a doctor, nurse, or hospital could be responsible.
Burris & Thomas, LLC is a personal injury law firm based in Las Vegas that has represented injured clients across Nevada for more than 45 years. The attorneys handle complex medical malpractice and birth injury cases and they carefully evaluate whether a child’s Erb's palsy may be linked to preventable delivery room mistakes. The firm offers free consultations and works on a contingency fee basis, so families do not pay upfront attorney fees.
An experienced Erb's palsy attorney can review medical records, explain how Nevada law applies, and help you understand whether you may have a viable claim. The goal is to provide clear guidance so you can focus on your child’s care while the legal issues are handled.
Contact us today at (702) 529-3101 to schedule a free case evaluation.
What is Erb's Palsy?
Erb’s palsy is a form of brachial plexus injury that affects the network of nerves responsible for movement and sensation in the shoulder, arm, and hand. This condition often occurs during childbirth when excessive force or improper techniques are used while delivering the baby, particularly in difficult or complicated labor situations.
The brachial plexus nerves can become stretched, compressed, or even torn, leading to varying degrees of weakness or paralysis in the affected arm. While some infants recover with time and therapy, others may suffer permanent impairment that impacts their quality of life.
Common Causes of Erb's Palsy Due to Medical Malpractice
Although not all cases of Erb’s palsy result from negligence, many are preventable and occur due to mistakes made during labor and delivery. Some of the most common causes linked to medical malpractice include:
- Shoulder Dystocia Mismanagement: Shoulder dystocia occurs when the baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery. If healthcare providers fail to respond appropriately or use excessive force to free the shoulder, it can damage the brachial plexus nerves.
- Excessive Pulling or Traction: Applying too much force to the baby’s head, neck, or shoulders during delivery can stretch or tear nerves, leading to Erb’s palsy.
- Improper Use of Delivery Tools: Forceps or vacuum extractors can be helpful when used correctly. However, misuse or excessive force with these instruments can result in serious birth injuries.
- Failure to Perform a Timely C-Section: In some cases, a cesarean section may be the safest option. Failing to recognize risk factors—such as a large baby, prolonged labor, or maternal diabetes—and delaying a C-section can increase the likelihood of injury.
- Inadequate Monitoring of Labor: Failure to monitor fetal distress or labor progression can lead to rushed or improper delivery techniques that place unnecessary stress on the baby’s nerves.
Signs of Erb's Palsy
Early diagnosis is crucial for improving outcomes. Parents and medical professionals should be aware of the following signs that may indicate Erb’s palsy:
- Weakness or lack of movement in one arm
- Limp or paralyzed arm held close to the body
- Decreased grip strength in the affected hand
- Loss of sensation in the arm or shoulder
- Abnormal arm positioning, such as the “waiter’s tip” posture
- Absent Moro reflex (startle response) on one side
If you notice any of these symptoms in your newborn, it’s important to seek medical evaluation immediately. Early intervention can make a significant difference in recovery.
Treatment for Erb's Palsy
The treatment plan for Erb’s palsy depends on the severity of the injury. In mild cases, infants may recover naturally over time. However, more serious injuries often require ongoing medical care and therapy.
- Physical Therapy: Regular physical therapy is one of the most common treatments. It helps maintain joint flexibility, prevent stiffness, and improve muscle strength.
- Occupational Therapy: Occupational therapy focuses on helping children develop functional skills for daily activities as they grow.
- Surgical Intervention: In severe cases where nerves are torn or fail to heal, surgery may be necessary. Procedures such as nerve grafts or tendon transfers can improve mobility and function.
- Long-Term Care: Some children require lifelong care, including adaptive devices, continued therapy, and medical monitoring.
Because treatment can be extensive and costly, pursuing compensation through a legal claim can be critical for ensuring your child receives proper care.
Compensation in Erb's Palsy Cases
Families affected by Erb’s palsy may be entitled to compensation for a wide range of damages, including:
- Medical expenses (past and future)
- Physical and occupational therapy costs
- Surgical procedures and rehabilitation
- Assistive devices and home modifications
- Pain and suffering
- Loss of future earning capacity
Every case is unique, and the value of your claim will depend on the severity of the injury and its long-term impact.
Erb's Palsy FAQs
How do I know if my child’s Erb’s palsy was caused by medical malpractice?
A qualified attorney can review your medical records and consult with experts to determine whether negligence played a role in your child’s injury.
Is there a time limit to file a claim in Nevada?
Yes, Nevada has a statute of limitations for medical malpractice cases. It’s important to act quickly to preserve your right to file a claim.
Can Erb’s palsy be cured?
Some children recover fully with early treatment, while others may experience permanent limitations. The outcome depends on the severity of the nerve damage.
What if multiple medical professionals were involved in the delivery?
Liability can be shared among multiple parties, including doctors, nurses, and the hospital. Your attorney will identify all responsible parties.
How much does it cost to hire an Erb’s palsy lawyer?
Most birth injury attorneys, including Burris & Thomas, LLC, work on a contingency fee basis. This means you pay nothing upfront, and fees are only collected if you win your case.
Why Families Trust Our Birth Injury Team
Parents facing an Erb's palsy diagnosis often want to know that the lawyer they choose has real experience with high-stakes medical cases. At Burris & Thomas, LLC, the attorneys bring over 45 years of combined personal injury practice, including many medical malpractice claims involving hospitals, physicians, and complex injuries. This depth of experience helps the firm understand how serious birth injuries occur and how to investigate whether accepted standards of care were followed.
The firm’s history includes numerous million-dollar verdicts and settlements in significant injury and medical negligence cases. While every case is different and results cannot be promised, these outcomes reflect a long record of standing up to well-resourced defendants and presenting compelling cases in Nevada courts. The attorneys are known for balancing assertive representation with careful preparation and strategic case planning.
Families also value the way the firm works with clients. The team is known for clear, straightforward communication, prompt responses to questions, and respectful treatment at every stage of a case. The attorneys explain complex medical and legal issues in plain language and keep parents updated as the matter progresses. Combined with a contingency fee structure that removes upfront legal costs, this client centered approach helps families in Las Vegas feel supported during an exceptionally stressful time.
To discuss your child’s situation in a free, confidential consultation, call (702) 529-3101.
Our FAQ
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 702-529-3101 today!
-
How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
-
Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
-
What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.
