Erb’s palsy is weakness or paralysis of the arm caused by damage to the brachial plexus, the group of nerves that runs from the neck to the shoulder. It most often happens during a difficult delivery, when the baby’s shoulder gets stuck behind the mother’s pelvic bone (shoulder dystocia) and the head is pulled or turned with too much force. Some babies recover within months; others need surgery and live with a permanent limitation.
If your baby was born in Los Angeles with a limp or weak arm, Beverly Law can review the delivery records for free, in English or Spanish, and tell you whether the injury may have been prevented with proper planning and technique.
Was your baby hurt during delivery?
Tell us your name and phone. We call you back today, in English or Spanish, and the consultation is free.
Free consultation · English y Español · No fee unless we win
Why Erb’s palsy cases in Los Angeles are different
Los Angeles County has one of the largest and most varied hospital systems in the country, and the hospital where your baby was born shapes the case from the start. The county’s Department of Health Services runs four public hospitals, including Los Angeles General Medical Center (formerly LAC+USC Medical Center), Harbor-UCLA Medical Center and Olive View-UCLA Medical Center. UCLA’s hospitals belong to the University of California, a public university system. Alongside them, large private systems such as Cedars-Sinai, Kaiser Permanente, Dignity Health, Providence and Adventist Health White Memorial deliver a large share of the county’s babies, each with its own records department, protocols and insurers.
Erb’s palsy is usually noticed right after birth, but diagnosis and treatment often continue at a different hospital. Children’s Hospital Los Angeles, UCLA Mattel Children’s Hospital and Cedars-Sinai each operate a Level IV NICU, the highest designation for neonatal intensive care, and pediatric specialists at these centers commonly evaluate nerve injuries and follow the child over time. As a result, a Los Angeles Erb’s palsy case usually combines the delivery records from one hospital with the pediatric neurology, therapy and, sometimes, surgical records from another.
The first question we answer is whether the hospital where the injury happened is a public entity or a private one, because the answer changes the deadline and the steps you must take before a lawsuit can be filed.
Many California babies are born at county or University of California hospitals: LAC+USC, Harbor-UCLA, Olive View-UCLA, Riverside University Health System, Arrowhead Regional, UC Irvine, UC San Diego, UC Davis and others. These are public entities, and the Government Claims Act applies. Under Government Code § 911.2, a written claim for injury or death must be presented to the public entity within six months of the injury, before any lawsuit. If the claim is rejected in writing, Government Code § 945.6 gives six months from that notice to file suit. The child’s longer deadline under Code of Civil Procedure § 340.5 does not replace this six-month claim, so families with a public-hospital birth should act right away.
What we look for in the records
Shoulder dystocia is a known emergency with established maneuvers, so the records should show whether the team anticipated the risk and responded correctly. Our medical experts examine:
- Estimated fetal weight: prenatal ultrasounds and growth measurements, and whether a large baby (macrosomia) or maternal diabetes should have prompted a discussion about a planned C-section.
- Shoulder dystocia documentation: whether the emergency was recorded, at what time the head delivered and how long it took to free the shoulders.
- The maneuvers used: McRoberts position, suprapubic pressure, rotation of the baby and delivery of the posterior arm, and the order in which they were attempted.
- Traction: any note describing pulling, twisting or downward force on the baby’s head, and who was performing the delivery.
- Use of vacuum or forceps and the length of the pushing stage.
- The newborn exam and follow-up: the first description of the arm, nerve studies, therapy notes and any surgical consultation.
Deadline to file in Los Angeles
California gives a child’s birth-injury case its own deadline. Under Code of Civil Procedure § 340.5, a minor must sue within three years of the wrongful act, but a child who was under six when it happened has until his or her eighth birthday if that is longer. For a baby hurt during labor or delivery, that usually means the eighth birthday. The clock runs from the act itself, not from the day the family learned what went wrong, and it is paused only in narrow cases of fraud or collusion. Parents’ own claims, and claims against a public hospital, can have much shorter deadlines, so it is safer to get advice early.
Compensation
A child with a lasting brachial plexus injury may need years of physical and occupational therapy, nerve or tendon surgery, braces and adaptive equipment, and help with school and daily tasks. Some children face limits on the work they can do as adults. A claim can seek the cost of that care over a lifetime, the parents’ lost income and the pain and loss of function the child will live with. Our experts document each of those needs in a life-care plan.
California’s MICRA law limits one part of a medical malpractice recovery. Under Civil Code § 3333.2, as amended by AB 35, non-economic damages (pain, suffering, loss of enjoyment of life) are capped. In 2026 the cap is $470,000 for injury and $650,000 for wrongful death, and it rises every January 1 ($40,000 and $50,000 a year until 2033, then 2% a year). Separate caps can apply to doctors, hospitals and unaffiliated providers. Economic damages are not capped: lifetime medical care, therapy, equipment, home modifications and lost earning capacity can be recovered in full, and in a birth-injury case they are usually the largest part of the claim.
How Beverly Law helps in Los Angeles
Our office is at 4929 Wilshire Blvd in Los Angeles, and we come to families anywhere in LA County, from the San Fernando Valley to Long Beach, or meet by video consultation. Our team speaks English and Spanish, and every consultation is free.
We request and review the delivery and pediatric records at no cost, consult obstetricians, pediatric neurologists and hand surgeons to evaluate the case, and handle the claim from start to finish. You pay nothing unless we win.
Read our full California guide: Erb’s Palsy / Brachial Plexus Injury in California →
Free birth-injury case review
We review the delivery records with medical experts and tell you honestly whether there is a case. You pay nothing unless we win.
Questions parents ask
Which Los Angeles hospitals are county hospitals?
The Los Angeles County Department of Health Services operates four hospitals: Los Angeles General Medical Center (formerly LAC+USC Medical Center), Harbor-UCLA Medical Center, Olive View-UCLA Medical Center and Rancho Los Amigos National Rehabilitation Center. UCLA hospitals are part of the University of California, a public university. Cedars-Sinai, Kaiser Permanente, Dignity Health, Providence and Adventist Health hospitals are private. If you are not sure where your case falls, we can check for you.
Where is the case filed?
Most birth-injury lawsuits arising in Los Angeles are filed in the Superior Court of Los Angeles County. Civil cases from the central district are heard at the Stanley Mosk Courthouse, 111 N. Hill St., Los Angeles, CA 90012, near downtown. Depending on where the hospital is located, the case may be assigned to another courthouse in the county. We handle the filing and every court appearance for you.
How long do I have to file an Erb’s palsy claim?
California gives a child’s birth-injury case its own deadline. Under Code of Civil Procedure § 340.5, a minor must sue within three years of the wrongful act, but a child who was under six when it happened has until his or her eighth birthday if that is longer. For a baby hurt during labor or delivery, that usually means the eighth birthday. The clock runs from the act itself, not from the day the family learned what went wrong, and it is paused only in narrow cases of fraud or collusion. Parents’ own claims, and claims against a public hospital, can have much shorter deadlines, so it is safer to get advice early.
Does a consultation cost anything?
No. The consultation is free and there is no obligation. We review your child’s medical records at no charge, and if we take the case we work on contingency, which means you pay no fee unless we win. You can meet us at our Wilshire Blvd office, at your home anywhere in LA County or by video call, in English or Spanish.
Ask a question
Not ready to call? Write your question and a member of our team answers you — no cost, no commitment.
Los Angeles Erb’s Palsy Lawyer — Beverly Law
Free case review for families in Los Angeles. We obtain the delivery records, have them reviewed by medical experts and deal with the hospital and its insurer — you focus on your child. You pay nothing unless we win.
Related pages
Los Angeles — Cerebral Palsy · Los Angeles — HIE / Oxygen Deprivation at Birth · Los Angeles birth injury lawyers · Erb’s Palsy / Brachial Plexus Injury in California
Sources
- Children's Hospital Los Angeles – Newborn and Infant Critical Care Unit (Level IV)
- UCLA Health – Neonatology, Level IV NICU at UCLA Mattel Children's Hospital
- Cedars-Sinai – Neonatal Intensive Care Unit (Level IV)
- Los Angeles County Department of Health Services – Our Locations (four county hospitals)
- Los Angeles General Medical Center (formerly LAC+USC Medical Center)
- Los Angeles General Medical Center – Who We Are
- Harbor-UCLA Medical Center – LA County Department of Health Services
- Olive View-UCLA Medical Center – Who We Are
- Superior Court of Los Angeles County – Civil Judges Hearing Trials (Stanley Mosk Courthouse, 111 North Hill Street)
- Superior Court of Los Angeles County – Public Hours Notice (Stanley Mosk Courthouse, 111 N. Hill St.)
Important: This page is general information about birth injuries and California law, not legal advice, and reading it does not create an attorney-client relationship with Beverly Law. Every case is different — talk to a lawyer about your own situation. Attorney advertising. Prior results do not guarantee a similar outcome. No fee unless we win. Last reviewed: 2026-09-18.