Erb’s Palsy Medical Malpractice in Chicago

Erb’s palsy is a birth injury that can follow a doctor’s mistake during labor and delivery. When a medical professional applies too much force, misuses delivery tools, or fails to act on warning signs, a newborn can suffer nerve damage that affects arm and shoulder function for life. If your child was diagnosed with Erb’s palsy, you may have a medical malpractice claim under Illinois law. The attorneys at Briskman Briskman & Greenberg, a Chicago personal injury lawyer firm, are ready to review your case and help your family understand your legal rights.

Table of Contents

• What Erb’s Palsy Is and How It Happens During Childbirth
• How Medical Negligence During Delivery Causes Erb’s Palsy
• Illinois Law Requirements for Filing an Erb’s Palsy Malpractice Claim
• Signs of Erb’s Palsy After Birth and What Parents Should Document
• What Compensation Is Available in an Illinois Erb’s Palsy Malpractice Case
• Why Chicago Families Trust Briskman Briskman & Greenberg With Erb’s Palsy Cases
• FAQs About Erb’s Palsy Medical Malpractice in Chicago

What Erb’s Palsy Is and How It Happens During Childbirth

Erb’s palsy is a nerve injury that affects a newborn’s shoulder, arm, and hand. It results from damage to the brachial plexus, which is the network of nerves running from the spinal cord through the neck and into the arm. Erb’s palsy most commonly results from an upper brachial plexus birth injury involving the C5 and C6 nerve roots, with occasional extension to C7, leading to flaccid weakness or paralysis of the affected upper extremity.

Among neonatal brachial plexus palsy patterns, Erb’s palsy represents the most common presentation and accounts for approximately 90% of cases. That number alone tells you how frequently this injury occurs in delivery rooms across the country, including hospitals throughout Chicago, from Northwestern Memorial Hospital near Streeterville to Rush University Medical Center in the Illinois Medical District.

Erb’s palsy occurs in 0.9 to 2.6 per 1,000 live births, or nearly 12,000 cases per year. Many of these cases involve a complication called shoulder dystocia, where a baby’s shoulders become lodged behind the mother’s pelvic bone during delivery. Shoulder dystocia, macrosomia, maternal diabetes, instrumental delivery, and breech delivery are the main risk factors.

When a delivery team recognizes these risk factors early, they can take steps to prevent injury. A doctor who spots signs of shoulder dystocia, for example, has options. Adjusting the mother’s position, using specific delivery maneuvers, or ordering an emergency C-section can all reduce the risk of brachial plexus damage. Failing to take those steps when the situation calls for them is where medical negligence enters the picture.

Newborns sometimes develop Erb’s palsy during a difficult vaginal childbirth, or even during a cesarean section. During delivery, a healthcare provider sometimes has to move the baby’s head to one side to make room for delivery of the shoulders, and in some cases, the stretching of the nerves causes damage, possibly even tears. When that stretching results from excessive force rather than medical necessity, it crosses the line into negligence.

How Medical Negligence During Delivery Causes Erb’s Palsy

Not every case of Erb’s palsy is the result of malpractice. But a significant number are. The key question is whether the medical team met the standard of care, which is the level of skill and caution that a reasonably competent provider in the same specialty would have used under similar circumstances.

Doctors and nurses who deliver babies at Chicago-area hospitals, from Advocate Illinois Masonic Medical Center to Lurie Children’s Hospital, are held to this standard. When they fall short, families can pursue a legal claim.

Common examples of negligence that lead to Erb’s palsy include applying excessive traction to the baby’s head or neck during delivery, failing to order a timely C-section when risk factors are present, misusing forceps or a vacuum extractor, and failing to recognize or respond to signs of fetal distress during labor. Poor fetal monitoring, which is a failure to track and interpret the baby’s heart rate patterns during labor, is another frequent cause of preventable birth injuries.

Shoulder dystocia, macrosomia, maternal diabetes, instrumental delivery, and breech delivery are the main risk factors that a competent obstetrics team is trained to identify and manage. When a doctor or nurse ignores those warning signs, the consequences for a newborn can be severe and lasting.

A medical malpractice lawyer can review the delivery records, fetal monitoring strips, and nursing notes to determine whether the care your child received fell below the accepted standard. That review is the starting point for building a malpractice claim.

Illinois Law Requirements for Filing an Erb’s Palsy Malpractice Claim

Illinois has specific procedural rules for medical malpractice cases. Understanding these rules matters because missing a deadline or skipping a required step can end your case before it begins.

Under the Illinois Healing Art Malpractice statute, 735 ILCS 5/2-622, any plaintiff filing a medical malpractice lawsuit must attach an affidavit to the complaint. That affidavit must state that the attorney or plaintiff has consulted with a qualified health professional who reviewed the case and determined there is a reasonable and meritorious basis for the claim. The reviewing professional must be knowledgeable in the relevant area of medicine and must have practiced or taught in that field within the last six years. This requirement exists to filter out frivolous claims, and it means your case needs a qualified medical expert behind it from the start.

The statute of limitations for medical malpractice in Illinois is governed by 735 ILCS 5/13-212. For adult patients, you generally have two years from the date you knew or should have known about the injury, with an absolute four-year cap from the date of the act or omission. For children, the rules are different. A minor has up to eight years from the date of the negligent act, but the claim must be filed before the child’s 22nd birthday. This extended window gives families more time to pursue a claim for a birth injury like Erb’s palsy, but it does not mean you should wait.

Illinois law under 735 ILCS 5/2-1115 also prohibits punitive damages in healing art malpractice cases. You can still recover compensatory damages, including past and future medical expenses, therapy costs, lost future earning capacity, and pain and suffering. Under 735 ILCS 5/2-1117, all defendants found liable are jointly and severally liable for the plaintiff’s past and future medical and medically related expenses. A defendant whose share of fault is 25% or greater is also jointly and severally liable for all other damages.

Working with an experienced medical malpractice attorney ensures these requirements are met correctly and on time.

Signs of Erb’s Palsy After Birth and What Parents Should Document

Recognizing the signs of Erb’s palsy early gives your child the best chance at recovery and gives your legal case its strongest foundation. Symptoms are usually visible shortly after birth, and parents who document what they observe play a critical role in building a malpractice claim.

Some early indications may include limited movement in one arm, the affected arm resting straight and rotated inward at the shoulder, a weak or absent grasp in the affected hand, and an asymmetric startle reflex, where a baby with Erb’s palsy may only move one arm when startled.

If you notice these signs in your newborn, tell the nursing staff immediately and ask for documentation in the medical record. Request copies of the delivery notes, nursing notes, and fetal monitoring strips before you leave the hospital. These records are your evidence. Hospitals are required to maintain medical records, but access becomes more complicated once time passes.

Write down everything you remember about the delivery, including how long labor lasted, whether forceps or a vacuum extractor were used, whether the baby appeared stuck, and how the delivery team responded. Note the names of the doctors and nurses present. If family members witnessed the delivery, ask them to write down their observations too.

Parents in Chicago who delivered at hospitals near Lake Shore Drive, in Wicker Park, or anywhere else in the metro area should know that Illinois law gives them the right to access their child’s complete medical records. Those records are the cornerstone of any Erb’s palsy malpractice case.

About 10% of cases result in lasting complications, sometimes requiring surgery or long-term therapy. For families facing that reality, a malpractice claim may be the only way to secure the financial resources needed for a child’s ongoing care.

What Compensation Is Available in an Illinois Erb’s Palsy Malpractice Case

Families who successfully pursue an Erb’s palsy malpractice claim in Illinois can recover a broad range of damages. The goal of compensation is to address both the financial and personal impact of the injury on the child and the family.

Economic damages cover the concrete financial losses tied to the injury. These include past and future medical expenses, the cost of physical therapy and occupational therapy, surgical costs if nerve repair or reconstruction is needed, adaptive equipment, and the child’s reduced earning capacity if the injury causes lasting limitations. For a child with permanent arm weakness or paralysis, these costs can accumulate significantly over a lifetime.

Non-economic damages address the human side of the harm. Pain and suffering, loss of normal childhood development, emotional distress, and the loss of a normal life are all recoverable under Illinois law. Illinois does not cap non-economic damages in medical malpractice cases under 735 ILCS 5/2-1115, which means the jury determines the appropriate amount based on the evidence presented.

If a parent or guardian brings a claim on behalf of a deceased child, the Illinois Wrongful Death Act, 740 ILCS 180/1, allows recovery for damages caused by wrongful acts or neglect, provided the act would have supported a personal injury claim had the person survived.

Attorney fees in Illinois medical malpractice cases are governed by 735 ILCS 5/2-1114, which caps contingent fees at 33 1/3% of all sums recovered. This means your attorney’s fee comes from the recovery, not from your pocket upfront. You should be aware that even under a contingency arrangement, clients may still be responsible for certain case costs and expenses. Ask your attorney to explain the fee structure clearly before signing a representation agreement.

The medical malpractice lawyer team at Briskman Briskman & Greenberg works on a contingency basis and can walk you through what a recovery in your case might look like based on the specific facts involved.

Why Chicago Families Trust Briskman Briskman & Greenberg With Erb’s Palsy Cases

Briskman Briskman & Greenberg has represented injured Chicago residents for decades. The firm handles serious personal injury and medical malpractice cases throughout the Chicago metro area, including families who live near the Loop, in Lincoln Park, along the North Shore, and in the surrounding suburbs.

Erb’s palsy cases require a careful and thorough approach. The firm works with qualified medical experts who can review delivery records, analyze fetal monitoring data, and provide the written opinion required under 735 ILCS 5/2-622. The attorneys understand the procedural demands of Illinois malpractice litigation, including the certificate of merit requirement, the statute of limitations rules under 735 ILCS 5/13-212, and the joint and several liability framework under 735 ILCS 5/2-1117.

These cases often involve multiple defendants, including the delivering physician, the hospital, and the nursing staff. Identifying every responsible party and building the evidence against each one requires focused legal work. Families dealing with a child’s injury should not have to manage that process alone while also caring for their child.

If your child was born at a hospital in the Chicago area and has been diagnosed with Erb’s palsy, contact Briskman Briskman & Greenberg for a free consultation. The firm’s medical malpractice attorney team will review the facts of your case, explain your options, and help you decide the right next step for your family. Call (312) 222-0010 or reach out online. The firm is located at 205 W Randolph St., Suite 925, Chicago, IL 60606.

FAQs About Erb’s Palsy Medical Malpractice in Chicago

How do I know if my child’s Erb’s palsy was caused by medical malpractice?

Not every case of Erb’s palsy results from negligence, but many do. If a doctor applied excessive force during delivery, failed to order a C-section when risk factors like shoulder dystocia were present, or misused forceps or a vacuum extractor, those actions may constitute malpractice. A medical malpractice attorney can review the delivery records, fetal monitoring strips, and nursing notes to determine whether the care your child received fell below the accepted standard. Briskman Briskman & Greenberg offers free consultations and can help you understand whether your situation supports a legal claim.

How long does my family have to file an Erb’s palsy malpractice lawsuit in Illinois?

Under 735 ILCS 5/13-212, a minor injured by medical malpractice has up to eight years from the date of the negligent act to file a claim, but the action must be brought before the child’s 22nd birthday. While that window is longer than the standard two-year adult deadline, waiting too long can make it harder to gather evidence and locate witnesses. Speaking with an attorney as soon as possible after diagnosis gives your case the strongest foundation.

What does it cost to hire a medical malpractice lawyer for an Erb’s palsy case in Illinois?

Illinois law under 735 ILCS 5/2-1114 caps contingent fees in medical malpractice cases at 33 1/3% of all sums recovered. At Briskman Briskman & Greenberg, the firm handles these cases on a contingency basis, meaning you do not pay attorney fees unless there is a recovery. However, clients may still be responsible for certain case costs and expenses, so it is important to discuss the full fee arrangement with your attorney at the outset.

Can I sue both the doctor and the hospital for my child’s Erb’s palsy?

Yes. Illinois law under 735 ILCS 5/2-1117 allows claims against multiple defendants when more than one party is responsible. In an Erb’s palsy case, the delivering physician, the hospital, and the nursing staff may each bear some share of fault. Under the joint and several liability rules in that statute, any defendant whose share of fault is 25% or greater is jointly and severally liable for all damages. An attorney can investigate the roles of each party and pursue claims against all responsible defendants.

What damages can my family recover in an Illinois Erb’s palsy malpractice case?

Your family may recover economic damages such as past and future medical expenses, physical and occupational therapy costs, surgical costs, and the child’s reduced future earning capacity. You may also recover non-economic damages for pain and suffering, emotional distress, and loss of normal development. Illinois does not cap compensatory damages in medical malpractice cases under 735 ILCS 5/2-1115. The specific amount depends on the facts of your case, the severity of the injury, and the evidence presented. Past results in other cases do not guarantee a similar outcome in your case.

More Resources About Birth Injury and Obstetric Malpractice in Chicago

• Birth Injury Medical Malpractice in Chicago
• Cerebral Palsy Medical Malpractice in Chicago
• Shoulder Dystocia Medical Malpractice in Chicago
• Fetal Distress Medical Malpractice in Chicago
• Umbilical Cord Compression Medical Malpractice in Chicago
• Umbilical Cord Prolapse Medical Malpractice in Chicago
• Delayed Emergency C-Section Medical Malpractice in Chicago
• Failure to Perform Timely Cesarean Section Medical Malpractice in Chicago
• Improper Use of Forceps Medical Malpractice in Chicago
• Improper Use of Vacuum Extractor Medical Malpractice in Chicago
• Birth Asphyxia Medical Malpractice in Chicago
• Hypoxic Ischemic Encephalopathy Medical Malpractice in Chicago
• Maternal Hemorrhage Medical Malpractice in Chicago
• Failure to Diagnose Preeclampsia Medical Malpractice in Chicago
• Failure to Diagnose Gestational Diabetes Medical Malpractice in Chicago
• Labor and Delivery Negligence Medical Malpractice in Chicago
• Fetal Monitoring Errors Medical Malpractice in Chicago
• Uterine Rupture Medical Malpractice in Chicago
• Neonatal Brain Injury Medical Malpractice in Chicago