(Last Updated on: February 17, 2025 )
You should experience the moment your child is born with love, excitement, and relief. But for many parents, that moment is interrupted by an unfamiliar silence—the absence of a strong newborn cry, the sight of a tiny arm that isn’t moving. Instead of feeling reassured, you hear unfamiliar medical terms: Erb’s Palsy. Klumpke’s Palsy. Brachial plexus injury.
A diagnosis like this isn’t just words on a medical chart—it’s a reality that shifts everything you thought you knew about your child’s future. The doctors might say, “Give it time,” or insist that “these injuries sometimes happen.” But deep down, you may be asking a different question: Should this have happened at all?
For many families, the answer is no. Brachial plexus injuries frequently result from preventable medical errors—decisions made during delivery that place unnecessary stress on a newborn’s fragile nerves. Pulling too hard, twisting a shoulder the wrong way, delaying a necessary C-section—these are mistakes that can leave a child with lifelong weakness, loss of function, or even permanent paralysis.
With over $200 million recovered for birth injury cases and more than a century of combined experience, Hodes Milman stands up for families when medical providers fail them.
If your child suffered a preventable birth injury, we can help. We meet families where they feel most comfortable—at home, in the hospital, or wherever is easiest. Call (949) 640-8222 to speak with a birth injury attorney today.
What Is the Difference Between Erb’s Palsy and Klumpke’s Palsy?
Klumpke’s Palsy vs. Erb’s Palsy are brachial plexus injuries that happen when the delicate network of nerves controlling movement and sensation in the shoulder, arm, and hand is stretched or torn during birth. Though they share a common cause, these two conditions impact different areas of the body and result in distinct complications.
When a baby’s shoulder gets stuck behind the mother’s pelvis (shoulder dystocia), doctors must act quickly to free the baby. But the way they respond matters. Excessive pulling, improper twisting, or misusing birth-assisting tools like forceps or vacuum extractors can put extreme pressure on the baby’s brachial plexus, damaging the nerves that send signals from the spinal cord to the arm.
Nerve damage can range from mild stretching to complete rupture, which may require surgery and long-term therapy to regain function. In the most severe cases, children may never regain full use of the affected arm or hand.
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Signs a Birth Injury Could Have Been Prevented
A newborn’s body is fragile, and the delivery process requires precision, patience, and care. When something goes wrong, doctors sometimes tell parents their baby’s injury was unavoidable. But that’s not always true. Some birth injuries are the result of medical mistakes—decisions made in the delivery room that put unnecessary strain on a baby’s nerves.
Erb’s Palsy and Klumpke’s Palsy are not random events. These injuries stem from excessive force during labor, improper use of delivery tools, or a failure to respond when complications arise. Some warning signs point to a birth injury that should have been prevented:
- Doctors delayed or never recommended a C-section, even when the baby was too large for a safe vaginal delivery.
- Doctors used excessive pulling or twisting to free the baby from the birth canal.
- Doctors misused forceps or vacuum extractors, placing too much pressure on the baby’s head, neck, or shoulders.
- Doctors ignored fetal distress, leading to prolonged labor and increased strain on the baby’s nerves.
Parents have the right to know what happened in the delivery room and if their child’s injury was preventable. Hodes Milman can help you get the answers you need.
Hodes Milman has helped families hold hospitals and doctors accountable for preventable birth injuries. If you suspect Erb’s Palsy or Klumpke’s Palsy could have been avoided, we can help you investigate what really happened. Call Hodes Milman at (949) 640-8222 to discuss your legal options.
What Does the Future Look Like for a Child With Erb’s Palsy or Klumpke’s Palsy?
A birth injury doesn’t end at the hospital. Parents spend months—sometimes years—helping their child through therapy, medical treatments, and surgeries, hoping for progress. Some children regain strength, but others live with permanent limitations.
Erb’s Palsy vs. Klumpke’s Palsy:
- Erb’s Palsy can limit shoulder movement, elbow bending, and arm strength, sometimes leading to permanent weakness.
- Klumpke’s Palsy affects grip, fine motor skills, and wrist function, making everyday tasks more difficult.
- Some children undergo nerve grafts or muscle transfers but never regain full function.
Beyond the physical effects, these injuries shape how a child interacts with the world. Struggles with basic movements, delayed milestones, and self-consciousness about their abilities can affect confidence and independence.
Under California law, parents generally have three years from the date of injury to file a medical malpractice claim. If the injury wasn’t diagnosed immediately, the deadline may extend up to eight years from birth.
Doctors often tell parents that these injuries will improve. Some do—but families can seek accountability when they don’t. No child should have to struggle because of a preventable medical error, and no parent should have to wonder if more could have been done to protect their baby.
Hodes Milman Helps Families Get the Support They Need
Caring for a child with a birth injury comes with unplanned medical costs. Physical therapy, surgeries, and long-term treatments are often necessary, and the expenses can add up quickly. No parent should have to worry about how to afford their child’s care when a preventable medical mistake is to blame.
California law allows families to seek compensation for:
- Past and future medical bills;
- Physical therapy, occupational therapy, and rehabilitation;
- Surgeries or specialized treatments; and
- The emotional and physical toll on the child.
While medical expenses have no cap, California’s Medical Injury Compensation Reform Act (MICRA) limits compensation for pain and hardship. The current cap is $350,000 and will increase annually until it reaches $750,000.
No amount of money can undo what happened, but families shouldn’t have to absorb the costs of a preventable medical mistake. Hodes Milman helps parents secure the financial support needed to provide their child with the best possible future.
Your Child Deserves Justice—Call Hodes Milman Today
No parent expects to hear that their newborn has a birth injury. In those first moments, everything should be about holding your baby, soaking in their first cries, and knowing they are safe. Instead, you’re watching doctors check for movement, waiting for answers that don’t come fast enough, and trying to understand why your child’s arm isn’t responding the way it should.
Hodes Milman has spent decades investigating birth injuries that should never have happened. Our team works with top medical experts to uncover the real cause of your child’s injury, hold negligent providers accountable, and pursue the resources your family needs for ongoing medical care, therapy, and a better future.
Doctors and hospitals should not walk away without accountability when their mistakes cause harm. Every child should be able to heal, grow, and live without limitations caused by someone else’s negligence—and we’re here to help make that happen. Call Hodes Milman at (949) 640-8222 or contact us online for a free case review.
Related Resources
If you found this brachial plexus birth injury information helpful, you may also be interested in:
- Birth Injury Lawyer in California
- Birth Injury Statistics: Are Infant Injuries Normal or Negligent?
- What Happens If Newborn Jaundice Goes Untreated?
For questions about your child’s birth injury, contact Hodes Milman today. Our team is ready to help you understand your legal rights.