Medical Malpractice Newsletter

Infants with Erb's Palsy May Have a Medical Malpractice Claim

Erb’s Palsy is a birth complication resulting from an infant’s shoulder bone becoming trapped behind the mother’s pubic bone during birth. This complication, also known as shoulder dystocia, causes intense pressure on the nerves in the infant’s arm. As such, the infant may suffer from a condition called Erb’s Palsy, marked by a temporarily or permanent limp or paralyzed arm.

Although this condition occurs in approximately one to two babies out of every 1,000 births in the United States, Erb’s Palsy may be prevented with diligent efforts on the part of physician.

Symptoms of Erb’s Palsy

An infant with Erb’s Palsy may exhibit symptoms including:

No muscle control in the arm or hand
No feeling in the arm or hand
Slight control of the wrist and hand
No control of shoulder or elbow muscles

Consequences of Erb’s Palsy

Most infants that suffer from Erb’s Palsy have a mild case and will recover fully in three to four months. A more grave Erb’s Palsy injury can take between 18 to 24 months to recover. With physical therapy, electrical stimulation and additional treatments, the prognosis for an infant with Erb’s Palsy is good. However, 1/5 of Erb’s Palsy cases will suffer permanent residual paralysis.

Causes of Erb’s Palsy

As Erb’s Palsy can often be prevented, medical malpractice claims may be available in certain situations where the physician failed to act as a reasonable physician in his position would have. Circumstances that may lead to an Erb’s Palsy medical malpractice claim may include failure to:

Perform a Caesarian section
Correctly approximate the infant’s weight prior to delivery
Diagnose and treat gestational diabetes
Inform mother of the inherent risks of vaginal delivery of a large infant
Execute proper delivery techniques in managing shoulder dystocia
Apply customary force (or applying excessive) force during delivery

States Limit Malpractice Awards, Feds Likely to Follow Suit
High profile personal injury lawsuits have left many with the impression that juries systematically award multi-million dollar awards in order to punish wrongdoers. Although juries may, and frequently do decide to make such awards, most... Read more.
Informed Consent and Medical Malpractice
Prior to initiating any medical procedure, a health care provider should obtain the patient’s “informed consent.” What constitutes informed consent varies from state to state, but usually includes a discussion with the... Read more.
Medical Malpractice Claims and Cardiology
Cardiological specialists are required to adhere to a strict standard of care in diagnosis and treatment. If a specialist deviates from the standard of care and, as a result, a cardiac patient suffers an injury, then the specialist must... Read more.
Negligent Dental Work Can Result in Nerve Damage
Dentists and oral surgeons are expected to provide a standard of care that other competent and reasonable dentists and oral surgeons would provide under the same or like circumstances. When they fail to do so, they may be held liable... Read more.

Law Commentary Legal News