Erb’s Palsy Attorney Standing Up For Your Child

Erb’s palsy, sometimes known as Erb-Duchenne palsy, is a serious medical condition often caused by a brachial plexus injury during childbirth. While it can happen in childbirth, sometimes it can be a sign of negligence or malpractice during a delivery. An Erb’s palsy attorney can help you determine if your childbirth suffered from negligence.

Symptoms of Erb’s palsy include:

• Immobile arm and shoulder
• Arm bent inward, toward the body
• Arm weakness
• Paralysis
• Lack of sensation in the arm
• Lack of muscle control in the arm

Roughly one in every 1000 newborns will suffer Erb’s palsy. The symptoms will resolve in mild cases within a year of birth. Many times, however, the child will require physical therapy, exercise, and even surgery to alleviate the problem. In the most severe cases, the child will be left with a lifetime of physical limitations.

While there is nothing anyone could have done in many cases, some cases of Erb’s palsy can be traced to negligence by obstetricians or other delivery room staff members. If your child suffers from Erb’s palsy and you feel that negligence may have been to blame, John A. Caputo & Associates, P.C., is here to help you explore your rights and options. We have extensive experience handling birth injury malpractice claims for clients in Pittsburgh and throughout Pennsylvania.

What If Parents Suspect Medical Malpractice Caused Erb’s Palsy?

Erb’s palsy occurs during childbirth when the infant’s shoulder becomes lodged in the birth canal, a condition known as shoulder dystocia, and damage is done to the child’s brachial plexus nerves. If parents suspect that medical malpractice contributed to this birth injury, they can take action against the medical professionals to hold them accountable for their actions and negligence.

Parents should first consult with birth injury lawyers. These attorneys can thoroughly investigate the circumstances surrounding the birth. Our team will review medical records, interview witnesses and consult medical professionals to determine if the standard of care was breached during delivery.

A medical professional can also scrutinize the medical team’s preparation and monitoring throughout the labor and delivery. They can then assess whether proper protocols were followed and how swiftly and effectively they acted. Any deviations from established medical guidelines or failure to take necessary precautions can indicate a breach of the standard of care.

Medical malpractice can have lifelong consequences for the child, so parents should explore these claims. Proving negligence can help secure compensation to cover the child’s ongoing medical expenses, therapy and other costs associated with the injury. Economic compensation can also include:

• Costs for long-term care, assistive devices and modifications to the home to accommodate the child’s needs.
• Lost wages if the parents need to take time off work to care for their child
• Noneconomic damages such as pain and suffering, emotional distress and loss of enjoyment of life for both the child and the family might also be considered.

Holding medical professionals accountable can prevent similar incidents from occurring in the future, helping to ensure a higher standard of care for other families. This accountability helps create an environment where medical professionals are more diligent, reducing the likelihood of negligence.

How Shoulder Dystocia And Erb’s Palsy Occur

It is important to understand how Erb’s palsy may occur, especially if you believe that the injury to your child was caused as a result of medical malpractice. The doctors, nurses and other physicians made a mistake that could have a lifelong impact on your child, and you may need to know what legal steps to take. With this in mind, some of the common causes of Erb’s palsy include:

● Improper use of birthing tools during delivery
● Gestational diabetes
● Breech birth or other abnormal positions
● Prolonged labor
● A baby with a high birth weight
● The shape of the pelvic bone

Often, the root cause is that the child’s neck and head are stretched to the side during delivery. For instance, a doctor who is too forceful while using forceps or a vacuum-assisted delivery system could cause irreparable harm to the child. This is also why prolonged labor and a high birth weight can be an issue. Both can make delivery more difficult, increasing the chances that excessive force will be put on the child’s neck and arm. This can lead to shoulder injuries and Erb’s palsy.

Erb’s palsy is caused by nerve damage, and there are a few different ways it can occur. One is known as neurapraxia, which is the most common. This stretches the nerves but doesn’t tear them. Another example is called neuroma, in which nerve fibers are damaged, and the healing process creates scar tissue. As the child grows, this scar tissue can put pressure on the surrounding healthy nerve tissue, potentially causing further complications.

When the nerve ruptures, it is fully torn. Surgery may be needed to repair this, as it cannot always heal on its own. Finally, the injury could be an avulsion, which occurs when the nerve is separated from the spinal cord itself. This is incredibly serious, and while there are treatment options, full recovery is not always possible.

It is important to note that Erb’s palsy is different from cerebral palsy, which is caused by brain damage when the child does not receive proper oxygen during birth. This can lead to fetal distress and is a very serious type of birth injury. Our experienced birth injury attorneys can address both Erb’s palsy and cerebral palsy, each of which can have long-term ramifications for the child.

Talk To An Experienced Erb’s Palsy Attorney About Your Options

To discuss your birth injury claim with an experienced Pittsburgh attorney, contact our law offices online or by telephone at 412-620-6361.