Did delivery complications cause your child to be born with Erb's Palsy? You may have several questions:

  • Could this have been prevented in any way?
  • Was my physician negligent during delivery?
  • Do I have grounds for a malpractice suit?
  • What compensation could our family recover?

Our experienced birth injury lawyers are here to answer your questions and help you earn the compensation your family needs.

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The birth injury team at Monheit Law has experience holding negligent medical professionals liable for injuries.

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Erb's palsy is either a partial or complete paralysis of the arm, brought on by some form of physical trauma. Specifically, the brachial plexus nerve network is injured.

This nerve network helps control movement and feeling in the shoulders, arms, and hands.  Erb's palsy is most commonly the result of dystocia - an especially difficult childbirth. Large babies are also at a higher risk.

Children affected by this condition may experience partial or permanent paralysis or general muscle weakness in the brachial plexus region.

In many cases, these birth injuries could have been prevented by more careful medical care during the birth process. These children and their families require and deserve financial compensation for the difficulties they will face.

Shoulder Dystociababy with towel on head

Most infant cases of Erb's palsy are caused by shoulder dystocia. This term refers to a type of obstructed labor, in which the baby's shoulders cannot pass through after the head has already been delivered.

In this situation, the doctor, nurse, or obstetrician responsible for delivery may have to employ extra measures in order to dislodge the shoulders and complete the process.

In some cases, the delivery operator will exert too much force while attempting to free the infant's shoulders. Sometimes, this causes unnatural stretching in the neck and shoulder region. This can cause damage to the brachial plexus network, which can cause Erb's palsy.

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Symptoms

Erb's palsy is localized in the upper portion of the brachial plexus. In some brachial plexus injuries, both the upper and lower nerve networks are affected. This is a more severe condition than Erb's palsy and classified broadly as a brachial plexus birth injury. Erb's palsy is easily identifiable if you know the symptoms.

  • Weakness in one arm
  • Loss of feeling in one arm
  • Loss of movement in arm or shoulder
  • Partial or total paralysis in one arm
  • Arm hangs limply at side
  • Arm bent inward
  • Weak grip

Usually, the difference between the two arms is stark and gets recognized quickly. If you notice any of these symptoms in your child, don't hesitate to contact a doctor. Erb's palsy is treatable, but the results will be best if you act quickly.

Treatment & Recovery

The severity of Erb's palsy varies from patient to patient. Some infants only have mild temporary numbness, while others may suffer from full paralysis of one arm or intense pain. The method of treatment depends on the severity of the symptoms. Fortunately, the vast majority of infants recover fully when the condition is treated effectively.

Physical Therapy

Physical therapy is the most common treatment method. If your doctor recommends this route, he or she will work with you to develop an exercise plan for your baby. It will then be your responsibility to do these exercises with your baby on a daily basis, as often as you can throughout the day. These exercises focus on improving range of motion and preventing permanent joint stiffness.

Surgery

If three to six months have passed by and symptoms still have not improved, then surgery may be necessary. The procedure would focus on repairing the affected nerves. This can be done in one of two ways:

  • Nerve grafts - Your physician may opt to repair the damage by splicing a nerve graft from one of your child's other nerves.
  • Nerve transfer - Alternately, he or she may choose to transfer a nerve from another muscle group.

Recovery

Even if the problem is largely repaired, your baby may still experience weakness or impaired function in brachial plexus region. You will need to continue to perform exercises in order to slowly build up strength and a normal range of motion. Some patients will continue to experience weakness into childhood. In these cases, your doctor may suggest further surgical procedures in order to restore function.

Is Malpractice To Blame?doctor with clipboard

Many cases of Erb's palsy could have been prevented by more thorough medical planning. As we mentioned above, this condition is most commonly caused by shoulder dystocia or an abnormally large infant. In either case, delivery becomes difficult and the delivery party may damage nerves by using too much force. There are a few circumstances in which a healthcare professional acted negligently to cause the injury, resulting in malpractice:

  • Large infants - Your physician should have been aware of and planned for complications which could arise while delivering a particularly heavy infant. In many of these cases, the birth could have gone more smoothly if a cesarean section was ordered.
  • Excessive force - Infants are extremely delicate creatures. Good physicians will keep this in mind and make sure not to pull too forcefully on the arms or shoulders.
  • Improper tool use - Sometimes, birth assistance tools such as a vacuum or forceps may be necessary for delivery. Improper use of these tools may constitute malpractice.

Unless you're a doctor yourself, most parents may be unsure if a negligent action contributed to their child's injury. If you suspect that this is the case, look for an experienced birth injury legal team with reliable contacts in the medical field.

Compensation

While not as severe as cerebral palsy, Erb's palsy is still an expensive condition for parents. If a negligent medical professional is to blame for your child's condition, you may be awarded compensation for relevant expenses, such as:

  • Medical expenses
  • Loss of wages
  • Pain and suffering
  • Loss of quality of life

Be aware that PA has a 2-year statute of limitations for medical malpractice lawsuits. If you suspect that your baby's condition could have been prevented with more careful treatment, contact our experienced birth injury lawyers today for a free consultation.

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