If you believe your child’s Erb’s palsy or brachial palsy is the result of medical malpractice during birth, our New York-based team of experienced malpractice attorneys can help. Please call us at 1.800.966.4999 or fill out the form to the right of the page for immediate attention to your case. We will fight for you!
The arrival of a newborn is an exciting time for a family. When things go wrong during a birth, leaving a child with lasting injury, the consequences can be devastating.The arrival of a newborn is an exciting time for a family. When things go wrong during a birth, leaving a child with lasting injury, the consequences can be devastating.
Erb’s Palsy, which occurs when there is physical trauma to a bundle of nerves in the shoulder region, is a common example of a birth injury that can be caused when medical personnel are not vigilant during the birthing process.
How Erb’s Palsy could affect your child
Erb's Palsy is the result of damage to the nerves controlling the upper arm and shoulder. The severity of the injury depends on what happens to the nerves. They can become stretched (called praxis) and scar tissue can develop (neuroma). In more severe cases, the nerves tear completely off the spinal cord (avulsion).
1. Consequences of injury to these nerves can include:
2. Paralysis of the shoulders, arms, or hands
3. Reduced muscle control in the shoulders, arms, or hands
4. Loss of sensation in the shoulders, arms, or hands
5. A misaligned or "winged" shoulder blade
6. Stunted growth of the arms or hands
7. Reduced strength
8. Reduced fine motor coordination
Treatment options include extensive physical therapy and corrective surgeries.
Erb’s Palsy can be caused by lack of vigilance before birth
There are several methods treating physicians and obstetricians can use to help prevent brachial plexus injuries.
Risk factors are known to lead to such injuries, and should be looked for. These include:
1. The pre-birth weight of the baby (larger babies are more at risk)
2. Pre-existing maternal diabetes
3. Excessive weight gain in the mother during pregnancy
4. A history in the mother of delivering of large children
5. An abnormally long gestation period
Failure to look for or recognize these warning signs can lead to a mistaken assumption of a baby's size, which can prevent proper action from taking place.
Erb’s Palsy can be caused by physical trauma during delivery
During delivery, a baby’s shoulder can become lodged under the mother's pubic bone after the head has passed (this condition is known as shoulder dystocia). The brachial plexus, which is the name of the nerve bundle located in the shoulder region, controls muscles in the shoulder, arms and hands.If the treating physician pulls too hard on the head in the direction of one shoulder in an attempt to get the baby out, damage can occur to the brachial plexus, causing Erb’s palsy.
Many options exist for dislodging a baby's shoulder to prevent brachial plexus injuries during delivery. The treating physician can attempt to change the baby's or the mother's position. A C-section, as well as other unconventional methods of delivery, can also be utilized. In extreme cases, the baby's clavicle bone or mother's pelvic bone can be intentionally broken to allow safe passage.
If any member of the delivery team fails to correctly anticipate the size of the fetus, or fails to prevent Brachial Plexus injuries through one of the above methods, they may be considered to have acted in a manner not consistent with established medical practices and might be held responsible for medical malpractice.
Legal Advice for Erb’s Palsy caused during birth
The delivery of a baby is an intricate process, and the potential for complications is always present. However, most birth injuries are preventable, and it is the responsibility of the delivery team to provide adequate medical care for the fetus and mother during pregnancy, labor and delivery.
The failure to take every precaution, and to perform each procedure correctly, when it can be shown that other medical personnel with similar training would have done so, can be considered medical malpractice.
If you suspect that your child's birth injury might be the result of medical malpractice or simply need more information, please contact us at 1-800-966-4999 or fill out the free case evaluation form to the right of your page for an immediate review of your case. We will fight for you!
