Birth Injury Attorney

Fort Lauderdale Erb’s Palsy Lawyer

Skilled Representation for Victims of Birth Injury in South Florida

Erb’s palsy, also known as Erb-Duchenne paralysis, affects about 12,000 babies every year. Sadly, many of these cases could have been prevented and are the direct result of some type of medical malpractice. If you believe that you and your child have been victims of such negligence, a civil claim may help you recover compensation and hold the at-fault medical provider accountable.

At Schlesinger Law Offices, P.A. in Fort Lauderdale, our mission is to improve maternal and child health. We’ll put our over 70 years of experience on your side, fighting to recover you full compensation for your damages. On top of that, we will work to get you the answers you deserve from the negligent OB-GYN, doula, midwife, or other medical provider.

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How Does Erb’s Palsy Happen?

Birth asphyxia may cause the injured baby and their parents a variety of damages. 

Erb’s palsy is the result of a brachial plexus injury, which is when this bundle of nerves in the shoulder gets stretched, pulled, or torn. This can happen as a result of shoulder dystocia, or when the child’s shoulder gets stuck behind the mother’s pelvic bone. If the nerves don’t work properly—meaning the baby has trouble controlling their arm, hand, or fingers—the resulting condition is called “brachial plexus palsy.”

Erb’s palsy, the most common of these palsies, per Cleveland Clinic, is when the upper nerves of the brachial plexus have been damaged.

If Any of the Following Types of Medical Negligence Occurred During Labor & Delivery, Your Child’s Erb’s Palsy May Have Been Preventable:

  • Failure to recognize and address fetal distress
  • Failure to properly handle prolonged labor
  • Failure to order an emergency C-section
  • Misuse of forceps and/or vacuum extraction
  • Mishandling a baby in breech position (a breech birth)

Please note: High birth weight, diabetes, the use of oxytocin or an epidural, and birthing twins or triplets all increase the risk of shoulder dystocia and, in turn, Erb’s palsy. Your medical provider should have assessed your and your baby’s various risk factors and approached childbirth with these factors in mind. Ignoring these factors, your concerns, and your symptoms are common indicators of malpractice.

OUR Birth Injury results

$32.8 Million


An unborn baby was in distress with his umbilical cord wrapped around his neck. His doctor and hospital medical team ignored signals and tests, which ultimately resulted in severe brain damage including cerebral palsy, spastic legs and arms, mental retardation, kidney failure and other conditions.

$32.8 Million


An expectant mother went into the hospital with complications. Attending physicians did not properly communicate with each other, leading to the baby being born under duress with a diagnosis of Cerebral Palsy.

$32.8 Million


A Palm Beach County jury has awarded $4 million on behalf of a child suffering from severe mental retardation that the family blamed on a delayed delivery in a West Palm Beach hospital more than 11 years ago.

Compensation Available in Erb’s Palsy Claims

Parents whose children were diagnosed with Erb’s palsy typically suffer financial (economic) damages on top of the emotional (non-economic) damages of having to watch their child struggle with a preventable injury. In some cases, Erb’s palsy can lead to lifelong muscle stiffness and, therefore, a lifetime of damages.

If Your Child Has Been Diagnosed With Erb’s Palsy, You May Be Eligible for the Following Compensatory Damages:

  • Hospital and NICU stays
  • Nerve and muscle repair surgeries
  • Price of splints, medications, etc.
  • Cost of follow-up care
  • Physical therapy, occupational therapy, etc.
  • Lost wages due to missed time from work
  • Pain and suffering

Depending on your circumstances, you may qualify for all or some of these damages, as well as other damages not listed here. 

Our Experienced Erb’s Palsy Attorneys in Fort Lauderdale Are Here for You

Schlesinger Law Offices, P.A has a team of caring trial attorneys ready to provide compassionate counsel to you and your family. Our tireless advocacy has resulted in millions of dollars won for past clients. Trust our award-winning team to fight for you!