
North Carolina Erb’s Palsy Lawyer
Compassionate Legal Help for Families Affected by Birth Injuries
If your child has been diagnosed with Erb’s Palsy following a difficult birth, you are likely grappling with medical questions, emotional stress, and concerns about their future. In many cases, Erb’s Palsy is caused by medical negligence during delivery. At Comerford Chilson & Moser, our experienced North Carolina Erb’s Palsy lawyers are committed to holding negligent healthcare providers accountable and helping families recover the compensation they need.
We understand how devastating a birth injury can be, and we are here to guide you through the legal process with compassion, clarity, and tenacity.
Call (336) 568-8779 today or fill out our online contact form to schedule a free consultation with an experienced North Carolina Erb’s Palsy attorney.
What is Erb’s Palsy?
Erb’s Palsy, also known as brachial plexus palsy, is a form of paralysis caused by injury to the brachial plexus—the network of nerves near the neck that controls movement and sensation in the shoulder, arm, and hand.
Erb’s Palsy most often occurs during birth when a baby’s shoulder becomes lodged behind the mother’s pelvic bone—a condition known as shoulder dystocia. If the delivering physician applies excessive force or improperly maneuvers the baby, the brachial plexus nerves can become stretched or torn, leading to temporary or permanent loss of function.
Symptoms of Erb’s Palsy in infants may include:
- Weakness or paralysis in one arm
- Lack of muscle control or movement in the shoulder, arm, or hand
- Numbness or loss of sensation
- An arm that hangs limply and rotates inward
While some children recover fully with physical therapy, others may require surgery or face lifelong impairments.
Common Causes of Erb’s Palsy Due to Medical Malpractice
Erb’s Palsy is not always the result of unavoidable complications. Often, it is the consequence of medical errors made during labor and delivery. Our North Carolina Erb’s Palsy attorneys have seen firsthand how medical negligence can lead to irreversible harm.
Common forms of malpractice leading to Erb’s Palsy include:
- Failure to properly manage shoulder dystocia
- Excessive pulling or twisting during delivery
- Improper use of forceps or vacuum extractors
- Delayed decision to perform a cesarean section (C-section)
- Neglecting to monitor fetal size or position before birth
- Poor planning in high-risk pregnancies (e.g., breech births or large infants)
When doctors and nurses fail to follow standard medical protocols, they put both mother and child at risk. If your child’s Erb’s Palsy could have been prevented with proper care, you may have grounds for a medical malpractice claim.
Short- & Long-Term Impact of Erb’s Palsy
Erb’s Palsy can have both short-term and long-term consequences for a child’s development and quality of life.
Short-Term Effects:
- Limited range of motion
- Muscle weakness in the affected arm
- Physical therapy requirements
- Possible need for surgery in severe cases
Long-Term Effects:
- Chronic pain or discomfort
- Muscle atrophy and joint issues
- Permanent loss of mobility in the arm
- Developmental delays or impaired motor skills
- Emotional and psychological challenges from living with a disability
Parents may face substantial medical bills, lost wages from caregiving, and long-term therapy or rehabilitation costs. At Comerford Chilson & Moser, our legal team works to recover compensation for these damages and ensure that your child’s future needs are covered.
Erb’s Palsy FAQs
How do I know if my child’s Erb’s Palsy was caused by medical malpractice?
If your child developed Erb’s Palsy shortly after birth and the delivery involved complications like shoulder dystocia, excessive force, or use of birth-assisting tools, medical negligence may be a factor. Our firm can investigate medical records and consult with experts to determine if malpractice occurred.
What types of compensation can I recover in an Erb’s Palsy claim?
Compensation in an Erb’s Palsy lawsuit may include:
- Medical expenses (past and future)
- Rehabilitation and physical therapy costs
- Pain and suffering
- Loss of future earning potential
- Emotional distress
- Home care or special education needs
How long do I have to file an Erb’s Palsy lawsuit in North Carolina?
North Carolina’s statute of limitations for medical malpractice claims is typically three years from the date of the injury, but cases involving minors may allow for more time. However, specific rules apply, so it’s crucial to consult a lawyer as soon as possible.
What if my child needs long-term care?
If your child requires ongoing care due to permanent damage from Erb’s Palsy, we will work with experts to estimate the full cost of future medical needs, including therapy, surgeries, adaptive devices, and more. We fight for compensation that reflects the lifelong impact of the injury.
Contact a North Carolina Erb’s Palsy Attorney Today
Your child deserves every opportunity for a healthy and fulfilling life. The legal team at Comerford Chilson & Moser is here to protect your rights and pursue the justice your family deserves.
Contact us at (336) 568-8779 for a free consultation about your rights and options.

Why Our Clients Choose Us
Lawyers You Can Rely on When You're Injured
-
Committed to Taking Every Step Toward the Best Possible Outcome
-
Nearly a Century of Combined Experience
-
Boutique Law Firm with A Personal Approach to Every Case
-
Outstanding Reputation in The Legal Community

Why Choose Our Firm?
We have years of experience handling complex birth injury and medical malpractice claims across North Carolina. Our team combines legal skill with medical knowledge to build strong cases on behalf of injured infants and their families.
- When you work with us, you can expect:
- Personalized legal guidance tailored to your situation
- Access to medical experts to review your case
- Aggressive pursuit of justice and full financial compensation
- No legal fees unless we win your case
Our mission is to help you achieve the justice and security your child deserves.


Our Reputation
Speaks For Itself
-
The attorneys and staff at Comerford Chilson & Moser are one top-notch organization. While it is unfortunate we met under these circumstances, I am forever grateful to their team and I plan to keep in touch with everyone at this amazing firm.- Chip L.
-
When it was finally complete, they explained what we should expect going forward and continued to check on how we are doing — after more than 10 years. I can’t thank them enough for all they did and would highly recommend the firm...- Jeff Simon
-
Our case was multi-faceted, intricate, and very challenging, so having the best lawyers was top priority. I know I had the best, and I highly recommend The entire firm of Comerford, Chilson & Moser.- Denise J.
-
During our first meeting, he assured me that he would take this anxiety and responsibility from me. Emotionally, I felt a deep sense of relief that stayed with me during the months he was working for me.- Roberta T.
-
I cannot speak highly enough of this firm. Comerford and Moser were extremely dedicated to the case and getting results. If you're looking for an amazing firm that actually cares about you, I recommend Comerford Chilson and Moser.- Braeden Barr
-
After being involved in an accident involving a semi, an attorney friend researched attorneys that specialize in the type of accident and injuries I had. Comerford, Chilson and Moser received the highest recommendation. We met and immediately felt at ease- Paul Taylor
