Erb's Palsy Attorney Fort Wayne
Legal Guidance For Families Facing Erb's Palsy
Learning that your baby has Erb's palsy can turn what should have been a joyful time into a period of fear and uncertainty. You might be wondering what this medical diagnosis really means, whether it could have been prevented, and how you will afford the care your child may need for years to come. In this moment, having the right legal guidance can make a real difference.
At Shaw Law, we help families across Indiana, including parents in the Fort Wayne area, understand whether a birth injury may be linked to medical malpractice. We listen to what happened during labor and delivery, review the circumstances, and explain options in plain language. With over 30 years of experience handling serious injury cases in this state, we know how high the stakes are when a child’s future is involved.
We bring that same determination to every birth injury claim we accept, and our goal is to pursue the resources a child needs for treatment, therapy, and quality of life. Contact us today.
Why Families Choose Shaw Law
Parents dealing with a birth injury are not just looking for information. They need a legal team that can handle complex facts, powerful defendants, and long-term consequences. Erb’s palsy cases involve medical records, expert analysis, and insurance companies that may try to minimize what your child will face. Choosing an erb's palsy lawyer with deep injury experience helps level the playing field.
That mindset matters for birth injury claims. Erb’s palsy can mean years of occupational and physical therapy, possibly surgeries, and changes in how your child uses their arm. We work to build claims that reflect real potential future needs, not just today’s bills. Our firm is led by Jeff “JJ” Shaw, who has never lost a slip and fall injury jury trial. That record shows we are prepared to present complex facts to a jury and to keep fighting when defendants refuse to be fair.
We also understand that trust depends on communication. Parents often say their biggest fear is being left in the dark about their case. To address that, we provide access to our EZ Case smartphone app, which gives clients real-time updates about their claim, including projected value ranges and next steps. Families can check on progress whenever they want, which supports transparency and reduces the stress of not knowing what is happening.
Understanding Erb's Palsy & Negligence
Many parents first hear the term “Erb’s palsy” after noticing that their baby does not move one arm normally. Erb’s palsy, sometimes called a brachial plexus injury, involves damage to the network of nerves that sends signals from the spine to the shoulder, arm, and hand. Children may have weakness, limited range of motion, or in severe cases, very little movement in the affected arm.
This type of injury often occurs around the time of birth. In some deliveries, the baby’s shoulder becomes lodged against the mother’s pelvis, a situation sometimes called shoulder dystocia. If too much force is used to free the baby, or if certain maneuvers are not performed properly, the nerves in the neck and shoulder can be stretched or torn. Other factors, such as the baby’s size, position, and the management of labor, can also play a role.
It is important to understand that not every case of Erb’s palsy is the result of negligence. Some nerve injuries can occur even when medical professionals act carefully and follow appropriate procedures. In other situations, however, the choices made by the delivery team may not meet accepted standards of care. For example, the timing of a cesarean section, the way instruments are used, or how long certain complications are allowed to continue can all be relevant.
Our team is accustomed to working through complex records in serious injury matters and, when appropriate, consulting with qualified medical professionals. Contact us today!
Steps To Take After A Diagnosis
After an Erb’s palsy diagnosis, many parents feel caught between medical appointments, insurance questions, and worries about the future. It can be hard to know what to do first and how to protect your child’s legal rights without adding more stress. A few organized steps can make the situation feel more manageable.
First, it is important to follow through with medical recommendations. Ongoing evaluations, therapy exercises, and suggested imaging or specialist visits all help your child reach their best possible function. At the same time, keeping track of what happens can make it easier to evaluate a potential case later.
If you are unsure whether there was negligence, you do not need to have all the answers before you call a lawyer. Speaking with an erb's palsy attorney can help you understand what information matters and what options may exist. Contacting us early can also help protect important deadlines under Indiana law.
Helpful steps many parents take after an Erb’s palsy diagnosis include:
- Keeping copies of pregnancy, labor, and delivery records in one place
- Tracking therapy appointments, home exercises, and medical recommendations
- Writing down what you remember about the birth while details are still fresh
- Avoiding agreements or releases from insurers or providers until you understand them
- Reaching out to our team to talk about your child’s situation and possible next steps
Compensation & Indiana Birth Injury Claims
Parents often ask what a birth injury claim can actually provide for their child. While no amount of money can undo an Erb’s palsy diagnosis, financial recovery can help cover many of the costs that come with it. In a successful case, compensation may address a range of losses connected to the injury.
Indiana has its own structure for medical malpractice and birth injury claims, which may involve unique procedures and caps that differ from other types of injury cases. There are also deadlines that apply to filing, and those can depend on your child’s age and other specific factors. Because of this, it is generally wise to speak with an erb's palsy attorney Fort Wayne sooner rather than later, so potential timelines can be evaluated carefully.
If you are wondering whether you have a claim, we invite you to reach out. A conversation with an erb's palsy lawyer can help you understand what may be possible under Indiana law and what the process could look like for your family. Book a free consultation today.
Frequently Asked Questions
How do I know if my child’s Erb’s palsy was caused by negligence?
The only way to begin answering this is by reviewing the medical records and hearing your account of the birth. We look at pregnancy care, labor notes, and how complications were handled, then compare that to accepted standards. After that review, we can explain whether a malpractice claim appears reasonable.
How much does it cost to hire your firm for an Erb’s palsy case?
We generally handle serious injury matters on a contingency fee basis, which means you do not pay legal fees upfront. Our fee is typically a percentage of any recovery we obtain. We explain the exact terms during your consultation so you can decide what works for your family.
How long do I have to file an Erb’s palsy claim in Indiana?
Indiana has specific time limits for medical malpractice claims, and in cases involving children, those timelines can depend on age and other factors. Because the rules are detailed, it is important to speak with a lawyer promptly. We can review your situation and discuss what deadlines may apply.
What information should I bring to a consultation about my child’s injury?
Bring any medical records you already have, including prenatal care, hospital discharge papers, and therapy notes, along with a timeline of key events. If you do not have everything, that is fine. We can talk through what happened and help request additional records as needed.
How will your team keep me updated about my child’s case?
We stay in contact through calls, email, and in-person or virtual meetings, depending on your preference. In addition, our EZ Case smartphone app lets you check case status and projected value ranges at any time. Our goal is to keep you informed so you never feel left in the dark.
Talk With Our Team About Your Child’s Future
If your baby has been diagnosed with Erb’s palsy and you live in or around Fort Wayne, you do not have to sort out the legal questions alone. A conversation with our team can help you understand what may have happened during delivery, how Indiana law treats birth injuries, and what options might be available.
At Shaw Law, we bring decades of Indiana personal injury experience, strong courtroom skills, and transparent communication tools to the families we serve. We strive to make the process as manageable as possible, and we can discuss contingency fee arrangements so legal costs are not another burden.
We invite you to reach out, ask your questions, and let us explain how an erb's palsy attorney Fort Wayne can assist your family. Your initial consultation is confidential, and there is no obligation. Call (260) 777-7777 to talk with our team about your child’s Erb’s palsy diagnosis.
About Our Firm
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Work Directly With Your AttorneyWhen you call SHAW LAW, you get to work directly with Attorney JJ Shaw and Attorney Sky Shaw.
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We Maximize Your RecoverySHAW LAW has obtained MILLIONS of dollars in compensation for our clients—and we work to get you your maximum results.
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We Get You Back On Your FeetWhen you’ve been injured, it can feel like your world is falling apart around you. SHAW LAW is dedicated to helping you get back on your feet and recover what has been taken from you.
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Fully Transparent — GuaranteeWe make sure that you and your family are constantly up-to-date with the status of your case. Call, text, email, or DM us at any time—and we will get back to you.