Despite having a birth plan, walking into the delivery room can be unpredictable. When complications during labor and delivery occur, it can leave new parents confused at what to do next. One such complication new parents may face include Erb’s Palsy, a condition that affects a baby’s shoulder, arm, and hand movement.
If your child has been diagnosed with Erb’s palsy, you likely have many questions, mainly what caused it, could it have been prevented, and what are your next steps? Understanding the medical causes behind this condition and the potential for legal action can help you make informed decisions for your child’s future.
What Is Erb’s Palsy?
Erb’s palsy is a type of brachial plexus injury. The brachial plexus is a bundle of nerves located in the neck that controls the muscles in the shoulder, arm, and hand. When these nerves are stretched, torn, or damaged during childbirth, a baby may lose strength or mobility in one arm.
The severity of Erb’s palsy can vary:
- Mild cases may heal with physical therapy over several months
- Moderate cases may require surgery to release or repair nerve damage
- Severe cases can cause permanent weakness or paralysis in the affected arm
What Causes Erb’s Palsy?
The most common cause of Erb’s palsy is shoulder dystocia, which is when the baby’s shoulder gets stuck behind the mother’s pelvis bone. When this occurs, doctors must act quickly to deliver the baby safely.
Unfortunately, improper techniques or excessive force during this process can injure the baby’s brachial plexus nerves.
Erb’s Palsy Risk Factors
Several factors can make shoulder dystocia and Erb’s palsy more likely:
- Large baby size ( 8 pounds, 13 ounces or bigger)
- Prolonged labor
- Breech delivery (baby is delivered feet first)
- Use of delivery tools such as forceps or vacuum extractors
- Maternal diabetes or other medical conditions that increase birth weight
- Older maternal age (moms 35 and older)
Medical Negligence and Erb’s Palsy
While the risk factors above may increase the likelihood of a birth complication, Erb’s palsy is typically linked to medical negligence. A doctor or nurse may:
- Fail to properly monitor fetal size and position before delivery
- Apply too much pulling force on the baby’s head, neck, or shoulders
- Misuse delivery instruments
- Fail to recommend a C-section when risk factors are present
When healthcare providers do not follow proper standards of care, the resulting injury is not just unfortunate. Rather, it may be grounds for a birth injury lawsuit.
Similar Post: How Can Delayed C-Section Decisions Lead to Birth Injuries?
Long-Term Effects of Erb’s Palsy
The impact of Erb’s palsy goes beyond the newborn stage. Children with moderate to severe cases may face:
- Limited range of motion in one arm
- Muscle weakness or paralysis
- Developmental delays in crawling, walking, or self-care activities
- Emotional or social challenges related to physical differences
Even with surgery and therapy, some children live with lifelong impairments that affect their independence, education, and career opportunities.
How A Birth Injury Lawsuit Can Help Families
After their child suffers Erb’s Palsy, parents often wonder: How can a lawsuit make a difference? The truth is, legal action cannot undo the injury. However, it can provide the resources your child needs to thrive moving forward.
Compensation May Cover:
- Medical expenses, including surgeries and ongoing physical therapy
- Adaptive equipment or mobility aids
- Future medical care and treatment
- Pain and suffering
- Loss of future earning potential if the child’s career options are limited
Similar Post: Can Parents Sue for Emotional Distress in a Birth Injury Case?
Accountability for Medical Negligence
Filing a birth injury lawsuit also holds doctors, nurses, and hospitals accountable for their negligence. This can help prevent similar mistakes from happening to other families.
Steps to Take If You Suspect Medical Malpractice
If your child has been diagnosed with Erb’s palsy and you suspect negligence played a role, here are important steps to take:
Get a Full Medical Evaluation
Request a detailed diagnosis and keep copies of all medical records. This will be essential evidence if you pursue a birth injury claim.
Document the Timeline
Write down what happened during pregnancy, labor, and delivery, including any concerns raised at the time.
Consult an Experienced Birth Injury Lawyer
Medical malpractice cases are complex. An experienced attorney who understands birth injuries can review your case, gather expert testimony, and determine whether negligence caused your child’s condition.
Why Choose Anapol Weiss for an Erb’s Palsy Claim?
At Anapol Weiss, we have decades of experience representing families whose children were injured at birth. Our team understands both the medical and legal complexities of Erb’s palsy cases, and we know how to fight for the compensation your family needs.
We approach every case with compassion and dedication because we know how life-changing these injuries can be. From investigating medical records to working with pediatric experts, we leave no detail overlooked.
Call Anapol Weiss Today
If your child was diagnosed with Erb’s palsy after birth, you may be facing overwhelming medical costs and uncertainty about the future. However, you don’t have to face this alone.
At Anapol Weiss, we are committed to helping families hold negligent medical providers accountable and secure the financial resources needed for lifelong care. We represent families all across Pennsylvania, including Philadelphia, Norristown, King of Prussia, and Exton.
Call us today at 866-944-0553 or fill out our confidential online contact form to schedule a free consultation. We’ll listen to your story, explain your legal options, and fight for your child’s rights every step of the way.
Your child deserves every chance at a healthy, independent future, and we’re here to help make that possible.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.