Erb’s Palsy Attorney in Raleigh

Multi-Million-Dollar Birth Injury Results. 40+ Years of Litigation Experience.

When a child is diagnosed with Erb’s palsy, parents are often left wondering what happened during labor and delivery and whether the injury could have been prevented. The diagnosis raises painful questions about your child’s future, from daily movement to long-term therapy needs. If you’re searching for an Erb’s palsy attorney Raleigh parents can call with those questions, our team is ready to listen.

At Daniel, Holoman & Associates LLP, we focus on wrongful death, catastrophic personal injury, and medical malpractice cases, including serious birth injuries. We serve families whose children were injured during labor and delivery at hospitals throughout the Raleigh area and across North Carolina. We handle a limited number of cases at a time so we can give each one the analysis and resources that complex birth injury claims require.

With more than 40 combined years of injury trial and litigation experience, our attorneys have built a record of multi-million-dollar outcomes in serious cases. Confirmed birth injury results include settlements and verdicts of $9 million (two separate matters), $8 million, $6.6 million, $6 million, and $4.5 million. We take cases on a contingency basis, which means no fees unless there is a recovery.

To learn more about what our Erb’s palsy lawyer in Raleigh, NC, can do for you and your loved ones, schedule a free consultation. Dial (866) 380-2281.

Understanding Erb’s Palsy & How It Happens During Birth

Erb’s palsy is a type of brachial plexus injury. The brachial plexus is a network of nerves connecting the spine to the arm and hand, controlling movement and sensation in the shoulder, arm, and fingers. When these nerves are stretched, compressed, or torn during delivery, a child can lose strength or movement in the affected arm. How much function is lost depends largely on which of four injury types occurred.

Four Severity Types of Brachial Plexus Injury

Not all brachial plexus injuries are alike. The four types range from a mild stretch that may resolve on its own to a complete separation from the spinal cord that may require surgical intervention.

• Neuropraxia: The nerve is stretched but not torn. This is the mildest form and often resolves on its own within three to four months.
• Neuroma: The nerve is stretched enough that scar tissue forms, disrupting nerve signals. Full recovery is less likely without intervention.
• Rupture: The nerve tears and won’t heal on its own. A nerve graft may be required to restore function.
• Avulsion: The nerve is torn from the spinal cord entirely. This is the most serious type and can’t be reattached directly.

Symptoms & Delivery Events Associated With Erb’s Palsy

Symptoms vary depending on the location and severity of the nerve damage. Common signs include:

• Limpness or paralysis in the arm, elbow, or shoulder
• The waiter’s tip position (palm facing back, fingers curled inward)
• Numbness or tingling in the arm or hand
• Limited arm motion or inability to raise the arm above the head

During labor and delivery, Erb’s palsy is most often associated with shoulder dystocia, a complication where the baby’s shoulder becomes lodged against the mother’s pelvis. Other contributing events include excessive traction or pulling on the baby’s head or neck, breech delivery, and improper use of forceps or a vacuum extractor. Not every case involves provider error. However, when a provider responds to shoulder dystocia or another delivery complication by applying excessive lateral traction rather than using accepted obstetric maneuvers, or when a timely cesarean section wasn’t ordered despite clear risk factors, the injury may reflect a failure to meet the standard of care.

When Erb’s Palsy May Be Medical Malpractice in North Carolina

Not every Erb’s palsy diagnosis gives rise to a legal claim. The relevant question is whether a healthcare provider’s conduct during labor and delivery fell below the accepted standard of care for that type of treatment, and whether that failure directly caused the child’s injury. Under North Carolina General Statutes section 90-21.12, a medical malpractice claim requires establishing exactly those elements along with resulting compensable harm.

Provider failures that may support an Erb’s palsy malpractice claim include:

• Failure to diagnose or treat prenatal conditions that increase the risk of a difficult delivery, such as macrosomia or maternal diabetes
• Failure to recognize warning signs of shoulder dystocia during active labor
• Applying excessive lateral traction on the baby’s head or neck rather than using accepted obstetric maneuvers to relieve the dystocia
• Failure to order or perform a timely cesarean section when risk factors were present and documented
• Improper use of forceps or a vacuum extractor during delivery

Parties who may bear liability include the delivering physician, nurses and other medical staff present at delivery, the hospital itself, or a midwife. North Carolina also requires under Rule 9(j) of the Rules of Civil Procedure that a medical malpractice complaint include certification from a qualified medical reviewer confirming the care at issue didn’t meet the standard. That requirement makes early consultation and thorough medical record review important before any action is filed.

Planning for Your Child’s Future: What Compensation May Cover

An Erb’s palsy diagnosis isn’t just about a moment in the delivery room. It can shape your child’s abilities and needs for years to come. Families may face ongoing costs for physical and occupational therapy, adaptive equipment, assistive technology, and periodic evaluations by medical reviewers. The severity of the injury matters significantly: a neuropraxia that resolves within months carries a different scope of future care needs than an avulsion injury requiring surgery and permanent adaptation.

Compensation families may pursue in an Erb’s palsy birth injury claim can include:

• Past and future medical expenses
• Physical and occupational therapy costs
• Adaptive equipment and assistive technology
• Periodic medical evaluations as the child grows
• The child’s reduced future earning capacity in cases of lasting limitation
• Loss of enjoyment of life

We don’t promise any specific result. What we are committed to is valuing long-term needs rather than focusing only on immediate costs. In a birth injury case, that means carefully accounting for your child’s lifetime of care and opportunities when we pursue compensation on your family’s behalf.

Why Raleigh Families Choose Daniel, Holoman & Associates LLP for Erb’s Palsy Cases

Parents who contact us after an Erb’s palsy diagnosis aren’t looking for a high-volume firm that will push their case toward a quick resolution. They want a team that will put real time into the medical record, understand the nerve injury at issue, and build a case that reflects the full impact on their child’s life. That is how we work.

When a case clears our initial evaluation, we often invest hundreds of hours reviewing and analyzing medical records in depth. We consult with medical reviewers and cover the costs of that evaluation without billing clients for it upfront. Cases are handled collaboratively by a team of attorneys, so the medical details and legal strategy benefit from multiple perspectives at every stage.

What sets our firm apart in complex birth injury cases:

• Deliberate caseload limits: We take a small number of cases on purpose so each one receives the time and preparation it requires.
• Insurance defense background: Our attorneys bring experience from the defense side, which informs how we evaluate liability, anticipate opposing strategy, and negotiate from a position of knowledge.
• Litigation readiness: We are built for courtroom litigation and don’t avoid trial when that is what it takes to pursue full value for a family.
• Confirmed birth injury results: Our birth injury outcomes include $9 million (two separate matters), $8 million, $6.6 million, $4.5 million, and $6 million in a cerebral palsy matter. Across our practice, we have achieved over $100 million in settlements and verdicts.
• Consistent communication: We keep families informed throughout the process with explanations that make a long legal journey feel manageable.

Birth injury cases demand more than general personal injury experience. They require sustained effort, investment in medical review, and a team willing to take a case to trial. For families in Raleigh seeking an Erb’s palsy lawyer who brings that depth of preparation, that is what distinguishes our firm.

Talk with Our Team About Your Child’s Erb’s Palsy Diagnosis

If your child has been diagnosed with Erb’s palsy and you’re questioning what happened in the delivery room, you don’t have to sort through those questions alone. Daniel, Holoman & Associates LLP handles serious medical malpractice and birth injury cases for families throughout the Raleigh area and across North Carolina.

When you contact us, we can listen to your story, review the information you have, and explain whether a more detailed evaluation appears appropriate. If your case doesn’t meet our criteria, we’ll tell you clearly and promptly rather than leaving your family to wait. Our goal is to give you the information you need to make informed decisions about your child’s future.

To talk with our team about your child’s Erb’s palsy diagnosis, call (866) 380-2281 or contact us online today.

Frequently Asked Questions

When Should I Talk to a Lawyer After an Erb’s Palsy Diagnosis?

Reach out as soon as you begin to suspect your child’s injury may be connected to what happened during delivery. North Carolina imposes time limits on medical malpractice claims, with a standard period of three years from the date of the last act giving rise to the claim. Under NCGS 1-17(c), if that three-year period would expire before the child turns 10, the action may be brought at any time before the child’s 10th birthday. Contacting an Erb’s palsy attorney in Raleigh early gives your family more time to gather records, understand your options, and make deliberate decisions before those windows close. North Carolina also requires expert certification under Rule 9(j) before a malpractice complaint can be filed, which is one reason early evaluation and record review matter so much.

Will Bringing a Case Affect My Child’s Medical Care?

Filing a medical malpractice claim doesn’t affect your child’s right to receive care. Healthcare providers are expected to continue delivering appropriate treatment regardless of whether a legal claim is pending. If you have concerns about how your child is being treated after raising questions about the birth, those concerns are worth discussing with us during a consultation.