What Is Erbs Palsy After Childbirth?

Erb’s Palsy can have long-lasting effects on a child’s life, and when it is caused by medical malpractice, families have the right to seek justice.

What is Erb’s Palsy?

Erb’s Palsy is a type of brachial plexus injury  as it involves damage to the brachial plexus, a network of nerves that controls movement and sensation in the shoulder, arm, and hand. This injury can occur during childbirth, leading to weakness or paralysis in the newborn’s arm. It is often the result of complications during delivery, such as:

Shoulder Dystocia

The baby’s shoulder becomes lodged behind the mother’s pelvic bone after the head has been delivered. This is a medical emergency that requires careful management to avoid injury

Breech Birth

When a baby is delivered feet or buttocks first, there is a higher risk of nerve damage as the head and shoulders are delivered.

Excessive Force

During delivery, healthcare providers may use forceps, vacuum extractors, or physical force to assist in delivering the baby. If too much force is applied, it can stretch or tear the brachial plexus nerves.

Medical Malpractice and Erb’s Palsy

Medical malpractice occurs when a healthcare provider fails to provide care that meets the accepted medical standards, resulting in harm to the patient. In the context of childbirth and Erb’s Palsy, medical malpractice may occur if:

Failure to Anticipate Complications

Certain risk factors, such as maternal diabetes, large fetal size, or prolonged labor, can increase the likelihood of shoulder dystocia. If a healthcare provider fails to recognize and prepare for these risks, they may be held liable for resulting injuries.

Improper Delivery Techniques

If excessive force is used during delivery, particularly in cases of shoulder dystocia, it can lead to brachial plexus injuries. Healthcare providers are trained to use specific maneuvers to safely deliver a baby with minimal risk, and failure to do so may constitute malpractice.

Delayed Intervention

Timely decision-making is critical during labor and delivery. If a provider delays in recognizing or responding to shoulder dystocia or other complications, this can increase the risk of injury to the baby.

Legal Options for Affected Families

If your child has been diagnosed with Erb’s Palsy and you believe it may have been caused by medical malpractice, you have the right to seek compensation with the help of a White Plains medical malpractice attorney. A successful medical malpractice claim can provide financial relief for medical expenses, therapy costs, and other related damages. To pursue a claim, you will need to prove:

• Duty of Care: The healthcare provider had a duty to provide care consistent with accepted medical standards.
• Breach of Duty: The provider breached this duty by failing to properly manage the delivery, leading to injury.
• Causation: The breach of duty directly caused your child’s Erb’s Palsy.
• Damages: Your family has suffered damages as a result, including medical expenses, pain and suffering, and potentially lost income. 

If you suspect that your child’s Erb’s Palsy was caused by medical negligence, consulting an experienced New York birth injury attorney can help you explore your legal options and protect your child’s future.