Erb's Palsy Attorney Fort Wayne
Legal Guidance For Families Facing Erb's Palsy
An Erb’s palsy diagnosis can raise urgent questions about what happened during delivery, whether it could have been prevented, and what care your child may need long-term. An experienced Fort Wayne lawyer can help you understand whether the harm may be linked to medical malpractice and what legal options may be available under Indiana law.
At Shaw Law, we help families in Fort Wayne and across northeast Indiana evaluate claims involving newborn and child injuries. We review the pregnancy and labor timeline, obtain key medical records, and explain next steps in plain language, with a focus on protecting your child’s future and reducing stress for your family.
If your child has been diagnosed with Erb’s palsy, speak with a Fort Wayne birth injury attorney who understands what is at stake. Call (260) 777-7777today for a confidential consultation and learn what options may be available for your family.
Why Families Choose Our Fort Wayne Injury Team
Cases involving newborn nerve damage are medically complex and often involve extensive documentation, legal review, and pushback from hospitals, physicians, or insurers. Choosing counsel with deep trial and serious injury experience helps level the playing field and ensures your child’s long-term needs are not minimized.
Our practice is built to handle serious harm in personal injury matters, including cases that require careful proof and strong advocacy. We prioritize clear communication so you always know where your case stands and what to expect next.
Understanding Erb's Palsy and When Negligence May Be Involved
Erb’s palsy is a brachial plexus injury involving nerves that control movement and sensation in the shoulder, arm, and hand. Parents may notice that a baby does not move one arm normally, has weakness, or struggles with range of motion. Severity can vary, and treatment often includes therapy and follow-up evaluations to improve function over time.
This type of birth injury can occur during a difficult delivery, including situations involving shoulder dystocia, when a baby’s shoulder becomes stuck during birth. Complications do not automatically mean negligence, but certain delivery decisions and techniques may matter, including improper traction, poor maneuver selection, or preventable surgical errors when intervention is required.
Common Signs and Long Term Impact
Some infants improve with therapy, while others may face lasting limitations. Understanding the potential impact helps families plan for care and helps an attorney evaluate the full value of a claim.
Common signs and challenges may include:
- Arm weakness or reduced movement on one side
- Limited shoulder rotation or elbow flexion
- Differences in grip strength or hand control
- Ongoing therapy needs and specialist monitoring
- Possible surgery recommendations in more severe cases
- Functional limitations that affect school, sports, or daily activities
Steps To Take After an Erb's Palsy Diagnosis
After diagnosis, focus on your child’s medical care and create a simple system to keep records organized. Consistent follow-up, therapy, and evaluations can support your child’s progress and also help document the injury’s course over time.
You do not need to prove negligence before speaking with a lawyer. An early conversation can help clarify what information matters and identify deadlines under Indiana malpractice rules.
Important steps many parents take include:
- Requesting and saving prenatal, labor, delivery, and newborn records
- Tracking therapy appointments, treatment plans, and recommendations
- Writing down what you remember about the delivery while details are fresh
- Avoiding signing releases or settlements until you understand the terms
- Talking with a Fort Wayne attorney about next steps
How a Fort Wayne Lawyer Evaluates an Erb's Palsy Case
Case evaluation typically starts with a detailed timeline. We gather medical records, review fetal monitoring, labor and delivery notes, operative reports if applicable, and early pediatric and therapy documentation. We also listen to your account of what you saw and heard during delivery, because your perspective can provide critical context that records do not always capture fully.
If the initial review raises concerns about the standard of care, we consult qualified medical professionals experienced in obstetrics and brachial plexus injuries. This process helps determine whether the harm may be linked to avoidable delivery mistakes, hospital malpractice, or other departures from accepted medical standards.
Compensation in Indiana Birth Injury Claims
A successful claim cannot undo the diagnosis, but it can provide financial support for the care and services your child may need. Depending on the facts, compensation may include both past costs and future projected needs.
Potential damages may include:
- Medical care and specialist visits
- Occupational and physical therapy
- Imaging, evaluations, and follow-up treatment
- Surgical care when medically necessary
- Adaptive equipment or assistive devices
- Financial recovery for pain and suffering when allowed and supported by the evidence
Indiana birth injury claims follow specific procedures and deadlines that can differ from other injury cases. Speaking with counsel early helps preserve evidence, evaluate timelines, and avoid missed legal deadlines.
Frequently Asked Questions
How do I know if my child’s Erb’s palsy was caused by negligence?
Determining negligence usually requires reviewing medical records and comparing the care provided to accepted standards. We evaluate pregnancy risk factors, how labor progressed, how complications were managed, and whether delivery techniques were appropriate.
How much does it cost to hire your firm for an Erb’s palsy case?
We typically handle serious injury matters on a contingency fee basis. That means you do not pay upfront legal fees, and our fee is based on recovery if we obtain compensation for your family.
How long do I have to file an Erb’s palsy claim in Indiana?
Indiana has strict timelines for medical malpractice claims, and cases involving children can involve additional rules. The safest approach is to speak with a lawyer promptly so deadlines can be evaluated based on your child’s situation.
What should I bring to a consultation with an Erb’s palsy attorney in Fort Wayne?
Bring any records you already have, including prenatal documents, discharge paperwork, pediatric notes, and therapy records, plus a basic timeline of events. If you do not have everything, we can still start the conversation and help request additional records.
How will I receive updates about my child’s case?
We provide updates through calls, email, and meetings, depending on your preference. Our goal is to keep you informed throughout the process so you understand what is happening and what comes next.
Talk With a Fort Wayne Erb's Palsy Attorney About Your Child’s Future
If your baby has been diagnosed with Erb’s palsy, you deserve clear answers about what happened and what options exist. A confidential consultation can help you understand whether care fell below the standard and what an Indiana claim could provide for your child’s long-term needs.
We serve families in Fort Wayne and throughout northeast Indiana, and we are ready to help you take the next step with clarity, compassion, and a plan focused on your child’s care.
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.