When a child is diagnosed with Erb’s palsy, parents often feel overwhelmed, scared, and unsure of what comes next. At Conner, Marr & Pinski, we’ve worked with families across Montana who’ve faced these same moments. When a preventable birth injury changes the start of a child’s life, you deserve honest answers and guidance from a team that knows how these cases work — legally, medically, and emotionally.
We understand the unique realities of giving birth in Montana, where families may live far from major hospitals or specialists. Whether your delivery happened in Billings, Missoula, Great Falls, Bozeman, Helena, or a smaller community, our birth injury team is here to help you understand what happened and what your family can do next.
What Is Erb’s Palsy? Understanding This Birth Injury
Erb’s palsy is a type of brachial plexus injury that affects the nerves running from a baby’s neck into the shoulder and arm. When these nerves are stretched or damaged during childbirth, a newborn may struggle to move one arm, grip objects, or develop normal strength. Some babies recover with therapy, while others face long-term limitations.
You’ll often hear doctors explain that the nerves were “stretched” or “pulled,” but what really matters is understanding why it happened and whether the medical team should have done something differently. That’s where our attorneys step in — to look closely at the decisions made in the delivery room and determine whether the injury could have been prevented.
Common Signs of Erb’s Palsy in Newborns
Parents often notice symptoms right away, and certain signs tend to stand out:
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Limited movement in one arm
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A limp arm that stays close to the body with the wrist turned downward
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Trouble gripping with the affected hand
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A lack of reaction to touch on one side
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A noticeable difference in arm strength or reflexes
These signs can be subtle at first, which is why early medical evaluation is so important. Pediatricians may use physical exams, nerve tests, or imaging to confirm the diagnosis and understand how serious the injury is.
How Erb’s Palsy Happens During Birth
Most families want to know the same thing: What caused this? Erb’s palsy usually begins with a difficult or complicated delivery. Sometimes the baby’s shoulder becomes stuck. Sometimes labor progresses too quickly or too slowly. And sometimes the medical team doesn’t respond as carefully as they should.
In many cases, the outcome depends on how the obstetrician and delivery team react in the moment. Proper maneuvers, calm decision-making, and avoiding excessive pulling are essential. When mistakes are made — rushing, using too much force, or delaying a C-section — the delicate nerves in a baby’s shoulder can be permanently damaged. Our firm reviews every detail to understand where things went wrong and whether the injury was avoidable.
Common Medical Errors Linked to Erb’s Palsy
Here are situations where preventable mistakes are often involved:
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Improper use of forceps or vacuum extractors
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Pulling too hard on the baby’s head, neck, or shoulder during delivery
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Failure to recognize or manage shoulder dystocia
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Delaying a medically necessary C-section
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Ignoring warning signs of fetal distress or stalled labor
These errors don’t just “happen.” They usually come from failing to follow established standards of care — and that’s when families may have the right to hold providers accountable.
Who Can Be Held Responsible for an Erb’s Palsy Injury in Montana?
Liability depends on the decisions made during labor and delivery. Obstetricians, nurses, midwives, and even the hospital itself may share responsibility if they failed to respond appropriately to complications. At Conner, Marr & Pinski, we work with medical experts to examine every step — chart entries, fetal monitoring strips, delivery notes, and staffing issues — so we can understand exactly what led to the injury.
Determining who is legally responsible isn’t just about assigning blame. It’s about making sure your child has access to the care, therapy, and long-term support they may need as they grow.
Why Families Across Montana Turn to Conner, Marr & Pinski
Our firm has represented Montana families for decades, and birth injury cases require the kind of experience that only develops with time, focus, and a deep understanding of both medicine and law. When you come to us, we take the time to understand your story, study the medical decisions that were made, and explain your options clearly — no pressure, no confusing legal talk.
We work with families throughout Montana, from larger cities to rural communities. And we treat every family like they matter, because they do. You’ll never be left wondering what’s happening with your case or what the next step is.
Talk With Our Montana Erb’s Palsy Team
If your child was diagnosed with Erb’s palsy and you’re worried negligence played a role, you don’t need to face this alone. Our team at Conner, Marr & Pinski is here to answer your questions, explain how these cases work, and help your family understand your legal options.
We represent families across the entire state of Montana, and we’re here to support you every step of the way. Reach out today for a free consultation, and let’s talk about how we can help protect your child’s future.
Do I have a birth injury case if my child has Erb’s palsy?
Possibly. Erb’s palsy can occur when a baby’s shoulder gets stuck or when too much force is used during delivery. If medical providers didn’t follow proper procedures, the injury may have been preventable. Our team at Conner, Marr & Pinski can review what happened and explain whether negligence may be involved.
How do I know if my baby’s Erb’s palsy was caused by medical negligence?
You can’t always know just by looking at symptoms. We review medical records, fetal monitoring strips, delivery notes, and the decisions made by the doctor and nursing staff. If mistakes or delays contributed to the injury, you may have a valid claim.
How long do I have to file an Erb’s palsy lawsuit in Montana?
Montana’s deadlines for medical malpractice cases can be complicated, especially when minors are involved. In many situations, parents have up to two years from when they “reasonably should have known” about the negligence. The safest approach is to contact our team as soon as you can so we can protect your right to file.
What compensation can families recover in an Erb’s palsy case?
Compensation can include medical care, surgery, therapy, future treatment, adaptive equipment, and the emotional impact on your child. In some cases, parents may also recover lost income if they need time away from work to care for their child.
