Erb’s palsy, also called brachial plexus palsy, is a condition that affects newborns when the nerves in their shoulder and arm get damaged during birth. These nerves, known as the brachial plexus, run from the spine through the neck and control the muscles in the shoulder, arm, and hand.
If these nerves are stretched too far, compressed, or in severe cases, torn, the baby can suffer from weakness, limited movement, or even complete paralysis in the affected arm. This injury usually happens when too much force is applied to the baby’s head or shoulders during delivery.
If a doctor pulls too hard while assisting a difficult birth, the fragile nerves can’t handle the strain, and this typically leads to permanent or temporary damage. That’s why it’s crucial to determine whether medical negligence played a role because if it did, the responsible parties should be held accountable so you can get compensation for Erb’s Palsy.
When Can Medical Personnel Be Held Liable for a Child’s Erb Palsy?
Not every case of Erb’s palsy is due to medical malpractice], but too many are. Doctors and nurses are trained to handle difficult deliveries, but when they fail to anticipate complications or apply excessive force, they can cause unnecessary harm, in which case they can be held liable. ]
Some examples of negligence leading to Erb’s palsy include:
- Failing to order a C-section when necessary: If a baby is large or the mother has known risk factors (such as gestational diabetes), a doctor should anticipate potential complications like shoulder dystocia and recommend a C-section when appropriate. Failure to do so could lead to preventable nerve damage.
- Pulling too forcefully during delivery: Excessive force on the baby’s head or shoulders can stretch or even tear the brachial plexus nerves, causing Erb’s palsy.
- Misuse of delivery tools: Forceps and vacuum extractors, when used improperly, can put additional strain on the baby’s delicate nerves, increasing the likelihood of injury.
- Ignoring signs of distress: Prolonged labor, breech births, and signs of fetal distress should alert medical professionals to take appropriate action. Failure to do so can result in serious birth injuries.
Steps Involved in Pursuing a Legal Claim for Erb’s Palsy
If your child has been diagnosed with Erb’s palsy due to medical negligence, you have the right to pursue legal action.
Here’s how the legal process typically unfolds:
Step 1: Case Investigation
first step is gathering medical records and consulting with experts to determine whether negligence occurred. A birth injury attorney will review the details of the delivery, looking for signs that the medical team failed to follow proper procedures.
Step 2: Filing a Legal Complaint
If the evidence points to malpractice, your attorney will file a legal complaint against the responsible party, whether that’s a hospital, doctor, or medical staff involved in the delivery.
Step 3: Discovery and Evidence Gathering
During this phase, both sides exchange evidence, including medical reports, depositions (sworn testimony), and expert opinions. It’s during this step that the lawyer tries to prove the negligence that occurred on the side of the accused party.
Step 4: Negotiation and Settlement
Many medical malpractice cases are resolved through settlement negotiations. The responsible party may agree to compensate the affected family without going to trial. This can be a quicker resolution, and of course, it provides much-needed financial support for ongoing care and treatment.
Step 5: Trial (If Necessary)
If a fair settlement isn’t reached, the case may proceed to court. Here, a judge or jury will hear the evidence and determine whether the medical provider is liable. If successful, the court may award compensation to cover medical bills, rehabilitation costs, and other damages.