What is Erb’s Palsy: What you need to Know

Erb’s Palsy (Erb-Duchenne Palsy) is a condition that impairs arm movement and sensation due to damage to the brachial plexus nerve network running from the neck down the arm. This network of nerves controls movement in and sensation of muscles in the shoulder, arm, and hand.


Erb’s Palsy usually develops during childbirth when the baby’s shoulder gets stuck in the delivery canal (shoulder dystocia). Excessive pulling or stretching of the baby’s neck during delivery may damage the brachial plexus and result in Erb’s Palsy.


Erb’s Palsy can present as weakness or paralysis of the affected arm, loss of sensation in that area, and deformity around the shoulder or arm. Treatment for Erb’s Palsy depends on its severity; but may include physical therapy, occupational therapy, and surgery in extreme cases.


Erb’s Palsy can be caused by medical malpractice if the healthcare provider fails to manage a shoulder dystocia during childbirth or used excessive force during delivery, damaging the baby’s brachial plexus nerves. If medical malpractice is suspected as the cause, parents may have grounds for legal action against the healthcare provider or hospital responsible.


In order to prove medical malpractice in an Erb’s Palsy case, it is usually necessary to demonstrate that the healthcare provider failed to follow the standard of care for managing shoulder dystocia or used excessive force during delivery. This may involve reviewing medical records, conducting depositions of healthcare providers involved in the delivery, and seeking expert opinions from medical professionals.


If medical malpractice is proven, parents may be eligible for damages to cover medical expenses, future medical care, and other costs associated with their child’s condition. It’s best to consult an experienced medical malpractice attorney about the specific facts of your case and decide on the best course of action.


Erb’s Palsy can serve as the basis for a personal injury case if it was caused by someone else’s negligent or intentional action. For instance, if Erb’s Palsy was caused by a car accident, fall, or act of violence, then the injured party may have grounds to pursue legal action against those responsible.


To prove a personal injury case involving Erb’s Palsy, it is necessary to show that the other party caused the harm. This may involve gathering evidence such as medical records, witness statements, and expert opinions to demonstrate the cause of the injury and the extent of damages suffered by the injured party.


Suppose the injured party is successful in recovering compensation for medical expenses, lost income, pain, and suffering, as well as other damages related to an Erb’s Palsy injury. In that case, they may be able to receive damages. The precise amount that can be awarded in a personal injury case depends on both the nature and extent of the harm sustained, along with the laws of the jurisdiction where the case is being pursued.


Consulting with an experienced personal injury attorney is essential when seeking compensation for Erb’s Palsy and other injuries caused by someone else’s negligence or intentional actions. They will assess the facts of your case and suggest the best course of action to pursue.

If you or a loved one has been injured in an accident due to someone else’s fault or neglect, Darfoor Law Firm is here to assist and provide guidance with the best course of action.

Accidents can be stressful; when they happen, you need someone who understands, sympathizes, and will fight on your behalf.

Reach us at +1-833-DARFOOR for a complimentary consultation and case evaluation.

Understanding Different Types of Negligence: Examples and Implications for Personal Injury Cases

Darfoor Law Firm Types of Negligence

A personal injury case is a legal dispute in which an injured party seeks to recover compensation for harm or injury they have suffered due to the negligent or intentional actions of another party. Personal injury cases can involve a variety of situations and can result in a range of damages, including compensation for medical expenses, lost wages, and pain and suffering.

In personal injury cases, there are several different types of negligence that may be relevant. These include:

Ordinary negligence: Ordinary negligence is defined as the failure to exercise reasonable care, which causes harm to another person. This is the most common type of negligence in personal injury cases, and it can include things like texting and driving or failing to properly maintain a property.
Example; A driver who is texting while driving and rear-ends another car. In this case, the driver failed to exercise reasonable care while operating their vehicle, causing another person to be injured. Texting and driving are considered unsafe activity because it diverts the driver’s attention away from the road and increases the risk of a collision.

Gross negligence: Gross negligence is defined as a significant deviation from the standard of care, indicating a reckless disregard for the safety of others. This type of negligence may result in the plaintiff receiving punitive damages in addition to compensatory damages.
Example; A surgeon who performs a surgery while under the influence of drugs or alcohol, which causes harm to the patient. In this case, the surgeon’s conduct is not only reckless and careless but also a clear violation of professional standards and ethical obligations.

Vicarious negligence: When someone is held liable for the actions of another, this is known as vicarious negligence. This is common in employer-employee relationships, where an employer may be held liable for their employee’s actions while on the job.
For example; a pizza delivery driver is involved in a car accident while making a delivery. If it is determined that the driver was at fault for the accident, the injured party may sue both the driver and the pizza restaurant. Because the driver was acting within the scope of their employment when the accident occurred, the pizza restaurant could be held vicariously liable for the driver’s negligence.

Comparative negligence: Comparative negligence occurs when both parties are partially to blame for an injury. Damages may be reduced in these cases based on the degree of fault of each party.
For example; A pedestrian was texting and did not notice the approaching car, and the driver of the car was speeding and did not notice the pedestrian until it was too late to avoid hitting them. In this case, both the pedestrian and the driver could be held responsible for the accident.

Contributory negligence: Contributory negligence is a legal doctrine that allows a plaintiff to recover damages even if they were partially to blame for their injuries. In most jurisdictions, comparative negligence has largely replaced this doctrine.
Example; A car accident in which both drivers are found to be at fault. For example, one driver could have been speeding while the other was distracted and failed to yield the right of way. A court could rule in this case that both drivers were negligent and thus contributed to the accident.

Professional negligence: When a professional, such as a doctor or lawyer, fails to meet the standard of care expected of their profession, this is referred to as professional negligence or malpractice. This type of negligence is often complicated and necessitates the testimony of expert witnesses.
For example; A lawyer who misses a deadline for submitting an important legal document on behalf of a client may be considered professionally negligent. This error could lead to the client losing the case and incurring financial or other losses. In such a case, the client may sue the lawyer for professional negligence and seek monetary compensation for the losses suffered.

Understanding the various types of negligence in personal injury cases can assist plaintiffs and their attorneys in constructing a strong case and recovering fair compensation for their injuries. To determine the type of negligence that may be relevant to your case, you should consult with an experienced personal injury lawyer.
An experienced personal injury lawyer can help you navigate the legal system and guide you with the best course of action.

If you or a loved one has been injured in an accident due to the fault of someone else or negligence, Darfoor Law Firm is here to help you and guide you with the best course of action.
Accidents can be brutal to deal with and you need someone who will understand, sympathize, and fight for you.
Call us at +1-833-DARFOOR for a free consultation and case evaluation.




Proving Negligence in a Personal Injury Claim