Erb's Palsy Lawyer

Erb’s Palsy & Medical Malpractice

Erb’s Palsy is a rare birth defect occurring in 1 out of every 1,000 births. Erb’s Palsy may also be referred to as Erb-Duchenne Palsy or Brachial Plexus Paralysis. It is caused by medical malpractice and is preventable. There are many causes and risk factors associated with Erb’s Palsy. However, a good physician will be able to identify these risk factors and mitigate them accordingly.

Erb’s Palsy is the injury caused by shoulder dystocia. Shoulder dystocia occurs when the baby’s shoulders get stuck on the pelvic bone of the mother during delivery. When this happens, the nerves in the baby’s neck are affected and the spinal cord is damaged. Often tears, ruptures or stretching, damage the nerves. The nerves in the neck and shoulder are very important to the overall function of the muscles in the arms, hands and fingers. When the nerves are damaged, the baby may suffer from limpness, lack of muscle control in the upper limbs, reduced sensation and paralysis. Erb’s Palsy is the name for the damage done to the brachial plexus nerves in the neck and shoulders.

Some nerve damage may heal with treatment. Common treatments include occupational therapy, physical therapy and surgery. Early intervention and treatment is key to helping children regain movement and function of their muscles and joints. Surgery is recommended for babies when they are between 5-12 months old. Exercise and therapy are needed to exercise the muscles and joints in the body. Otherwise, they will tighten and stiffen. According to the American Academy of Family Physicians, most cases of Erb’s Palsy heal within 6-24 months. However, 10% of babies will suffer from lifelong injuries. Babies may suffer permanently from limited or no use of their arms, having a limp arm or an atrophied (underdeveloped/smaller) arm.

There are many risk factors associated with shoulder dystocia and Erb’s Palsy. They are: large baby, obese mother, short or small mother, gestational diabetes, overdue baby, prolonged labor, breech position, small or flat pelvis, abnormal weight gain during pregnancy and advanced age of the mother. Prior history of the mother can also be risk factors. Doctors should be aware if the mother has previously given birth to a baby weighing over 8 ½ pounds, any shoulder dystocia in prior births, and more than 8 years between giving birth.

The causes of Erb’s Palsy are all the result of medical malpractice. Common mistakes by doctors include using too much force during birth, inappropriate use of forceps or vacuum, failure to reposition the baby, failure to apply traction and the failure to order a C-section. Doctors may also fail to properly identify and treat the risk factors for Erb’s Palsy before the mother gives birth.

Contact the Law Offices of d'Oliveria & Associates, P.C.

If you believe that you or a loved one has suffered from Erb’s Palsy as a result of medical malpractice, you may want to speak with an attorney regarding a potential claim.

Please contact the law offices of d'Oliveira & Associates at 1-800-992-6878 or fill out a contact form for a free legal consultation.