Erb’s Palsy Attorney in Omaha

Legal Guidance For Families After An Erb’s Palsy Diagnosis

Hearing that your baby has Erb’s Palsy can be overwhelming. You may be trying to understand what this diagnosis means, what your child’s future will look like, and whether something went wrong during labor or delivery. At Carlson & Blakeman, LLP, we work with families who are facing serious injury situations, and we help them explore whether a preventable medical error contributed to their child’s condition.

Our attorneys handle significant personal injury and birth-related cases for families in this region. We know that you are balancing medical appointments, therapy, work, and everyday life, so our goal is to make the legal side as clear and manageable as possible. For personal injury matters, including potential birth injury claims, we handle cases using a contingency fee structure, which means clients do not pay legal fees unless we are successful in recovering compensation on their behalf.

Don’t accept “it just happens.” Call Carlson & Blakeman, LLP at (402) 858-0996  today for a free, no-pressure case review to learn whether a preventable delivery mistake caused your child’s injury, and what options your family has next.

Why Families Turn To Our Firm For Erb’s Palsy Cases

Choosing the right legal team is a critical step for any family considering an Erb’s Palsy claim. At Carlson & Blakeman, LLP, our nine attorneys serve clients throughout Nebraska and western Iowa, including families whose children were delivered in or around Omaha. Most of our attorneys are licensed in Nebraska or Iowa, or both, and several are admitted in the United States District Court for the District of Nebraska, which allows us to navigate complex litigation when necessary.

We treat every case as the unique and personal matter that it is. Our team carefully analyzes the facts, medical records, and available evidence so we can build a strategy that fits your child’s specific situation. We prepare each case as if it could go to trial, and we are not afraid to take a case that far when it is necessary to pursue justice on a client’s behalf. This preparation helps us negotiate from a position of strength when dealing with hospitals, physicians, and insurance companies.

Our history in injury law includes multiple million dollar and multi million dollar verdicts on behalf of clients in serious injury matters. These results show that we are capable of handling high stakes cases where future medical needs and quality of life are on the line. While every case is different and no result can be guaranteed, our past work demonstrates the level of commitment and effort we bring when a client’s future depends on the outcome.

We also focus on accessibility for the families we serve. We offer virtual consultations for those who find it difficult to travel, and we can communicate in both English and Spanish to better serve our community. Attorney Clete W. Blakeman, a successful attorney and active NFL referee who has officiated a Super Bowl, is part of our team. His background reflects the kind of composure and rule-based decision-making that we strive to bring to every case.

Understanding Erb’s Palsy & How It Can Happen During Birth

Before you can decide what to do next, it helps to understand what Erb’s Palsy is and how it can affect your child. Erb’s Palsy is a type of brachial plexus injury. The brachial plexus is a network of nerves that runs from the spinal cord through the neck and into the shoulder and arm. When these nerves are stretched or torn, it can lead to weakness, loss of motion, or even paralysis in the affected arm.

In many cases, Erb’s Palsy is identified shortly after birth. Parents may notice that one arm does not move like the other, that the baby has a weak grip on one side, or that the arm stays in a particular position. Over time, your pediatrician or a specialist may recommend physical or occupational therapy, and in some cases surgery, to address ongoing problems with movement and strength.

Birth Events That Can Lead To Brachial Plexus Injury

This kind of nerve injury often occurs during challenging labors. For example, when a baby’s shoulder becomes stuck behind the mother’s pelvic bone, a situation known as shoulder dystocia, doctors and nurses must respond carefully. If too much force is used on the baby’s head or neck, or if delivery tools such as forceps or a vacuum extractor are applied or used improperly, the brachial plexus nerves can be damaged. In other situations, the angle or direction of pulling on the baby’s body may create enough stretch on the nerves to cause injury.

Not every instance of Erb’s Palsy is due to a preventable error. Some deliveries are complicated even when medical professionals act reasonably and follow accepted standards. However, there are situations where different decisions, different techniques, or better planning could have reduced the risk of nerve damage. Part of our role is to help families understand which category their child’s case may fall into.

Could My Child’s Erb’s Palsy Be The Result Of Medical Negligence

Many parents come to us with the same core question. They ask whether their child’s Erb’s Palsy could and should have been prevented. Answering that question requires a close look at what happened before, during, and shortly after birth, as well as a clear understanding of what the medical team knew in real time.

Warning Signs That Merit A Closer Look

There are certain circumstances that may suggest the need for a closer review. For example, a very long or difficult labor, especially when your providers already knew about risk factors such as a large baby, maternal diabetes, or prior delivery complications, may raise concerns. The sudden use of forceps or vacuum extraction, unexpected switches between attempted vaginal delivery and urgent cesarean section, or visible signs of arm weakness immediately after birth may also be important clues.

What Medical Negligence Means In Birth Injury Cases

In legal terms, medical negligence occurs when a doctor, nurse, or other provider fails to follow the accepted standard of care and that failure harms the patient. In the context of childbirth, standards of care can include how providers assess risk before labor, how they respond when complications develop, how they communicate, and which delivery techniques they use at critical moments. Providers may include obstetricians, midwives, nurses, anesthesiologists, or even the hospital itself, depending on who was involved and how policies were applied.

Parents should not feel that they must reach their own conclusion about negligence before speaking with an attorney. It is understandable to be unsure, particularly when you may have trusted and liked the providers who assisted you. Our role is to take a respectful but thorough look at the records and surrounding facts so that you can get a clearer picture of what occurred and whether a claim might exist.

How Our Attorneys Help Families With Erb’s Palsy Claims

When you contact our firm about a possible Erb’s Palsy claim, we work to take some of the weight off your shoulders. Our attorneys start by listening to your account of the pregnancy, labor, and delivery, as well as what happened in the days and weeks after your child’s birth. We understand that it can be painful to revisit these events, so we move at a pace that feels manageable for you.

Evaluating What Happened During Pregnancy & Delivery

We then gather and review the information that is available. This often includes medical records from prenatal visits, labor and delivery, and neonatal care, as well as notes from your child’s current doctors or therapists. Our attorneys analyze this information with an eye toward timelines, decision points, and whether the actions taken appear to line up with accepted standards of care. In appropriate cases, we may consult with qualified professionals who can help us evaluate technical medical issues, always keeping your child’s privacy and dignity in mind.

Building A Strong & Thorough Legal Strategy

Our team prepares each personal injury matter as though it may eventually need to be presented in court. This trial-focused approach helps us identify strengths and weaknesses early and allows us to discuss realistic options with you. Thorough preparation can make a meaningful difference in negotiations with hospitals, healthcare providers, or insurance companies, because they can see that we are ready to proceed if a fair resolution is not offered.

Communication & Contingency Fees

Communication is central to how we work with families. We explain each stage of the process in everyday language, discuss the choices that may arise, and keep you updated as the case progresses. Our attorneys recognize that legal decisions belong to you, and we strive to support those decisions with clear information instead of pressure. During this time, you can continue to focus on your child’s care knowing that a legal team is working in the background.

For personal injury work, including potential Erb’s Palsy claims, we use a contingency fee structure. This means our legal fee is tied to the outcome and is collected only if we recover compensation. We discuss fee agreements in detail at the outset so that you can make an informed decision without worrying about surprise costs.

Planning For Your Child’s Future Needs After An Erb’s Palsy Diagnosis

One of the hardest parts of an Erb’s Palsy diagnosis is thinking about the future. Some children see significant improvement with early physical or occupational therapy. Others may face ongoing challenges, including a limited range of motion, muscle weakness, or differences in arm growth. In some cases, doctors recommend additional interventions, such as nerve grafts or tendon transfers, to improve function.

These treatments can stretch over many years and may involve repeated therapy sessions, specialized equipment, and time away from work for parents or caregivers. Education plans and school accommodations may also be needed as your child grows. All of this can create financial and emotional strain on a family, particularly when the injury may have been avoidable.

In an Erb’s Palsy claim, families may be able to seek compensation for a variety of losses if negligence is proven. These can include past and future medical expenses, therapy, possible surgeries, and other support services. Claims may also address the impact on your child’s daily life and ability to participate in certain activities. The specifics depend on the facts of the case and the laws that apply in Nebraska or Iowa.

Because the effects of a brachial plexus injury can extend far into the future, it is important to look beyond the immediate bills. Our attorneys draw on our experience in serious injury cases, including multiple million-dollar and multi-million-dollar verdicts, when we think through what a child’s needs may look like years from now. Our objective is to help you pursue a resolution that takes the long view, so your family is better positioned to meet your child’s needs as they grow.

What To Do If You Suspect A Birth Injury In The Omaha Area

If you are beginning to suspect that your child’s Erb’s Palsy might be connected to something that happened during delivery, you may be unsure where to start. It can feel difficult to question the care you received, especially if you still see the same providers for other needs. Taking a few practical steps can help protect your child’s interests while you decide what to do next.

Helpful steps you can take right now include:

• Continuing to follow your doctors’ recommendations for your child’s treatment and therapy, since health and comfort come first.
• Keeping copies of medical records, appointment summaries, and written instructions from hospitals, clinics, and therapists.
• Writing down your memories of the labor and delivery while they are still reasonably fresh, including who was present and what you were told.
• Documenting changes in your child’s movement or strength over time, such as new abilities or ongoing limitations.
• Setting aside any letters, releases, or settlement offers from hospitals or insurers so you can review them with an attorney before signing.

You should be cautious about signing documents from hospitals or insurers that you do not fully understand. Certain releases or early settlement offers can affect your ability to pursue a claim later, especially in states like Nebraska and Iowa, where time limits apply to medical malpractice and birth injury cases. The specific law or court that would apply to your situation can depend on where the prenatal care, delivery, and follow-up treatment took place, which is common for families who live in one state and deliver in Omaha.

Speaking with an attorney who handles serious injury cases can help clarify your options. Our firm offers virtual consultations, which can be especially helpful if you are juggling childcare and appointments or live outside the immediate city. We can talk through what happened, explain how the law works in this region, and help you decide whether a legal claim is worth exploring further.

Frequently Asked Questions

How do I know if my child’s Erb’s Palsy was caused by medical negligence?

The only reliable way to know whether negligence contributed to your child’s Erb’s Palsy is through a careful review of the facts and medical records. Certain signs may suggest that further investigation is needed, such as a very difficult labor, emergency use of forceps or vacuum tools, or immediate and obvious weakness in one arm after birth. Risk factors like a large baby or maternal diabetes may also play a role in how delivery should be managed. Our attorneys look at the sequence of events, what providers knew at the time, and how their decisions compare to accepted standards of care. From there, we can talk with you about whether a medical negligence claim appears viable.

What costs are involved if your firm handles an Erb’s Palsy case?

For personal injury cases, including potential Erb’s Palsy claims, we use a contingency fee arrangement. This means our legal fee is collected only if we are successful in recovering compensation through a settlement or verdict. There are often other case related expenses in serious injury matters, such as obtaining records or consulting with professionals, and we explain how those are handled before you decide to move forward. Our goal is to make sure you understand the financial structure clearly, so you are not adding uncertainty about legal bills to the medical expenses you are already facing.

How long does an Erb’s Palsy case usually take?

The length of an Erb’s Palsy case can vary significantly. Factors that influence timing include the complexity of the medical issues, the number of providers or institutions involved, and whether the case is resolved through negotiation or proceeds to trial. Some matters can be resolved in a shorter period if liability is relatively clear, while others may take longer, particularly if there are disputes about causation or long term damages. Our attorneys work to move cases forward efficiently, but we do not cut corners on preparation. Throughout the process, we keep you informed about what to expect at each stage.

Can you help my family if we live in Iowa but delivered in Omaha?

Yes, in many situations we can assist families who live in Iowa but delivered a child at a medical facility in or near Omaha. Our attorneys are licensed in both Nebraska and Iowa, and we regularly serve clients on both sides of the state line. The specific laws and courts that may apply to your case can depend on where prenatal care, delivery, and follow up treatment occurred. During an initial consultation, we can gather information about where each part of your care took place and then explain, in general terms, how jurisdiction and venue might work for your situation.

What should I bring to a consultation about my child’s Erb’s Palsy?

It is helpful, but not required, to bring certain items to a consultation. Medical records from pregnancy, labor, delivery, and early pediatric visits can provide important context. Any letters, bills, or forms you have received from hospitals, providers, or insurers are also useful. Many parents bring a written timeline or notes describing what they remember from the birth and when they first noticed signs of weakness in their child’s arm. If you do not have all of this information yet, we can still begin the conversation and discuss how records might be obtained later.

Will pursuing a case affect my child’s current medical care?

In most situations, pursuing a legal claim should not interfere with your child’s ongoing medical care. We encourage families to continue following the advice of their treating physicians and therapists, regardless of any legal action. One area to approach carefully is communication with providers about legal matters, because statements made in medical settings can sometimes appear in records. Our attorneys can discuss with you how to manage these conversations in a way that keeps your child’s health at the center while protecting the integrity of your case. If you have concerns about whether a specific step might affect care, we can address those questions directly.

How will your attorneys keep me informed during an Erb’s Palsy case?

We place a high value on communication. If we represent your family, our attorneys and staff work to provide regular updates and to respond promptly when you have questions. We explain key developments in clear, everyday language and outline the decisions that may be coming up, such as whether to consider a settlement offer or continue toward trial. Because we approach each case as a partnership with the client, we invite you to share your goals and concerns at every stage. Our reputation for aggressive advocacy is matched by a commitment to compassionate communication, so that you feel informed rather than left in the dark.

Talk With Our Team About Your Child’s Erb’s Palsy Diagnosis

You do not have to face the legal and financial questions around an Erb’s Palsy diagnosis on your own. Our attorneys at Carlson & Blakeman, LLP help families in this area understand what may have happened during labor and delivery and what legal options may be available. We combine a thorough, trial ready approach to serious injury cases with a focus on clear communication, so you know what is happening at each step.

If you decide to contact us, we can schedule a consultation in person or virtually, depending on what works best for your family. We will listen to your story, review available information, and explain how the law may apply to your situation in Nebraska or western Iowa. For personal injury matters, including potential cases where you may be looking for an erb's palsy lawyer in Omaha, we use a contingency fee structure, which means you do not pay legal fees unless we recover compensation for you.

To speak with our team about your child’s Erb’s Palsy diagnosis, call (402) 858-0996.