Birth Injury Law

Erb's Palsy

Injuries to a newborn during delivery can be devastating for parents. Many parents blame themselves for birth injuries even when a doctor or nurse caused the injury. In difficult deliveries, the doctor may try to rush delivery, using the wrong delivery methods. Improper delivery techniques can cause serious injuries to babies, such as Erb’s palsy, which may have long-term consequences.

If you have concerns about nerve damage injuries during delivery, you might have a strong medical malpractice claim against the doctor or hospital. A medical malpractice lawsuit can help you get money to pay for your child’s care. A birth injury attorney can help you understand your legal options for recovery.

What Is Erb’s Palsy?

Erb’s palsy, a type of brachial plexus injury, is one of the most common birth injuries involving nerve damage. The brachial plexus is a collection of nerves connecting the spinal cord to the upper arms. When it is damaged, it can cause paralysis of the arms. In childbirth, this type of nerve damage often occurs when pulling on the baby’s neck, damaging the nerve fibers.

According to the American Academy of Orthopaedic Surgeons (AAOS), about 1 in every 1,000 babies born will have Erb’s palsy, often caused by sideways force or stretching on a baby’s neck during delivery.

What Causes Erb’s Palsy?

Erb’s palsy, also known as Erb-Duchenne palsy, can come from a delivery involving shoulder dystocia or other neonatal brachial plexus palsy. It can go with other injuries, like clavicle fractures. Risk factors include:

  • Difficult delivery
  • A larger than average baby’s head or a birth weight that’s too large for the birth canal
  • Shoulder dystocia
  • Breech delivery
  • Maternal obesity
  • Maternal diabetes
  • Use of assisted-delivery devices like forceps or vacuum extraction

The child can often reach complete recovery in the affected arm with early treatment.

Are Nerve Injuries Avoidable?

Erb’s palsy is avoidable. A doctor failing to use proper delivery methods can increase the risk of brachial plexus damage. Some doctors mismanage a delivery by rushing or using delivery devices when they are not recommended or necessary.

When a doctor properly monitors a patient, they prepare for possible birth complications associated with known risk factors. If the doctor fails to prepare for labor complications, some avoidable delivery injuries may happen.

Patients may not know when a doctor is doing the right thing or acting outside medical recommendations. You may need a medical expert to help you understand if the injury was avoidable.

What Are the Symptoms of Erb’s Palsy?

Symptoms of Erb’s palsy can depend on the extent of the damage and other birth injuries. A physical examination and nerve conduction studies (NCS) help a doctor diagnose Erb’s palsy. Signs and symptoms of obstetric brachial plexus palsy can include:

  • Paralysis in the baby’s shoulder, arm, or elbow
  • Limp arm or shoulder
  • Muscle weakness
  • “Waiter’s tip” hand position (palm back and fingers curled)

Are There Long-Term Effects of Erb’s Palsy?

The consequences of a brachial plexus birth injury depend on the severity of the damage and treatment received. More minor cases involve neurapraxia, where the network of nerves is stretched but not torn. With neuroma, the nerves are torn, but scar tissue limits nerve function. The most serious is avulsion, when the nerve roots tear away from the spinal cord.

In minor cases, nerve damage can be treated with physical therapy, occupational therapy, and other treatments. Stretching exercises, sensory stimulation, strength training, and range-of-motion exercises can help. Treatment options for more serious cases include nerve surgery, which can include nerve grafts on the damaged nerves.

When Is a Birth Injury Medical Malpractice?

Not all Erb’s palsy injuries come from medical negligence. In a medical malpractice case, the doctor deviates from the medical standards of care, which caused the injury. Did the doctor do something other doctors would not? If that caused an injury, it may be malpractice.

A medical malpractice lawsuit can allow you to recover damages on behalf of your child. Damages in a birth injury lawsuit can include:

  • Medical bills
  • Physical therapy
  • Loss of function
  • Future health care needs
  • Pain and suffering

If you have questions about who is to blame for nerve damage injuries during delivery, talk to an experienced medical malpractice lawyer. A birth injury lawyer with experience in Erb’s palsy cases can help you get financial compensation for your injuries.

Was this helpful?

At LawInfo, we know legal issues can be stressful and confusing. We are committed to providing you with reliable legal information in a way that is easy to understand. Our pages are written by legal writers and reviewed by legal experts. We strive to present information in a neutral and unbiased way, so that you can make informed decisions based on your legal circumstances.