What is Erb’s Palsy? Erb’s Palsy is an injury that harms your baby’s brachial plexus nerves, which control the sensation and movement of the arms, shoulders, and hands. This injury usually occurs during childbirth, whereby the baby’s neck is overly stretched to one side, causing nerve damage.
The most common causes of Erb’s Palsy include shoulder dystocia, improper use of medical instruments, breech delivery, abnormal uterus and fetal position, and large birth weight. Symptoms of this condition include paralysis, abnormal hand position, poor grip strength, altered sensation, and lack of Moro reflex. Erb’s can be corrected if diagnosed early by performing physical and occupational therapy, Botox, and surgery.
You may have grounds for a medical malpractice claim or lawsuit if your baby developed Erb’s Palsy due to the negligent actions of a medical professional. Our medical malpractice lawyers at Ankin Law can provide quality and dedicated representation to ensure you receive compensation to cover medical costs and other losses arising from your child’s birth injury. Call us today at 312-600-0000 to arrange a free consultation.
Causes of Erb’s Palsy
About 12,000 Erb’s Palsy cases occur in the U.S. every year. The most common causes of this injury include:
Shoulder Dystocia
Shoulder dystocia is among the leading causes of Erb’s Palsy. It occurs when the baby’s shoulder gets stuck behind the pelvic bone. The doctor can end up applying more force to free up the shoulders. The outcome is stretching and tearing the brachial plexus nerves. Shoulder dystocia can also happen when the size and angle of the baby’s shoulder are misaligned with the birth canal. This misalignment prevents the shoulders from coming out naturally, as they are trapped by the pelvic bone.
Large Baby
Large babies are prone to getting Erb’s Palsy, as their size increases the risk of their shoulders getting stuck behind the pelvic bone. It’s also difficult to push a big baby, and your healthcare provider may end up using more force when helping you deliver. Doing this increases the chances of stretching and tearing the brachial plexus nerve. Large babies also tend to prolong the second stage of labor and increase their chances of developing complications, including Erb’s Palsy.
Poor Usage of Medical Equipment
During childbirth, your medical provider can use vacuum extractors and forceps to guide the baby out. These tools can be life-saving, especially when your labor is prolonged, and your baby is showing signs of distress. They can, however, cause Erb’s Palsy and Cerebral Palsy when used incorrectly.
A doctor may, for instance, apply excessive force to the head, and the shoulders stay immobile. This action can stress the nerves, causing them to stretch beyond their limit and get damaged. Some medical practitioners also surpass the recommended vacuum extractor attempts, and this increases the chances of your baby developing complications.
Breech Delivery
There are instances where the baby is delivered in a breech position. Breech delivery can lead to serious complications, such as Erb’s Palsy. Since the legs are delivered first, either arm may be raised by the side of the baby’s head, thus making the shoulder get stuck at the pelvic bone.
This makes it hard for the rest of the baby’s body to come out, and the doctor may be forced to apply excessive force to deliver the baby. If done inappropriately, some nerves might get damaged, and your baby can develop Erb’s Palsy.
Abnormal Uterus and Fetal Position
There are some mothers with abnormal uterus, and this affects the baby’s position. Some of these abnormalities include fibroids and septate uterus that can restrict the baby’s movement. The constrained movement prolongs labor and increases the baby’s chances of getting Erb’s Palsy.
Symptoms of Erb’s Palsy
Is Erb’s Palsy permanent, and what are Erb’s Palsy’s long-term effects? You may ask these questions if your child has been diagnosed with this condition. Most children can live normally after undergoing the right treatment. What’s more, the chances of a successful outcome following treatment can be significantly higher when the condition is detected early. The most common Erb’s Palsy symptoms include.
Arm Weakness or Paralysis
Arm weakness or paralysis is the most defining symptom of Erb’s Palsy. It involves the affected arm appearing weak and, in severe cases, paralyzed. The brachial plexus nerves control important muscles, such as deltoid muscles, bicep brachialis, brachioradialis, and subscapularis muscles. These muscles are responsible for arm movement, and if the nerves controlling them are damaged, the baby’s shoulder cannot move properly.
Waiter’s Tip Posture
The affected baby’s arm may assume the Waiter’s Tip Posture, whereby the arm rotates inward. The baby cannot bend the elbow, making the hand appear straight. The wrist may also be flexed downward because the muscles near the forearm are imbalanced.
Poor Grip Strength
Although the hand and the fingers are less affected by Erb’s Palsy, your baby can fail to grip objects properly. This is because the damaged nerves can indirectly affect the forearm and hand muscles. This happens when some muscles, such as the brachioradialis and the biceps, are affected and cannot perform optimally. The muscles have a reduced ability to stabilize the affected hand when gripping and holding objects.
Altered Sensation
Some nerves that control sensory functions might be damaged, causing altered sensation. These nerves transmit important information to the brain, and when damaged, the brain may fail to receive signals from the arm. This can lead to reduced sensitivity and numbness.
In some instances, the baby can experience abnormal sensations that vary in intensity. In rare cases, there is a sharp pain or a burning sensation associated with Erb’s Palsy. This can be uncomfortable, especially for older children with unresolved conditions.
Lack of Moro Reflex
After birth, the doctors check the Moro reflex of a newborn to determine the status of the baby’s nervous system. Moro reflex is how infants respond to sudden changes in their environment, such as a loud noise or a quick movement. A normal baby will involuntarily throw his or her arms out to the sides and then pull them back in when a doctor makes a sudden movement. However, for children with Erb’s Palsy, the affected arm may fail to move properly when the Moro reflex is triggered.
When Do You Need a Medical Malpractice Lawyer in Chicago?
You can sue a doctor for a birth injury in Chicago if you have proof that your baby got Erb’s Palsy because of negligence during childbirth. You must also be able to prove that your healthcare provider had a duty to provide adequate care and failed to meet the expected standards during the birth process. It’s advisable to hire an experienced medical malpractice lawyer immediately after your baby is diagnosed with Erb’s Palsy to help you with your case. Your lawyer will let you know what your rights are if your child suffers a birth injury.
Your lawyer will start by conducting an initial consultation, which includes assessing your case and determining if there are enough grounds for a medical malpractice claim. He or she will review important documents, such as the mother’s prenatal care, the baby’s medical records, and the labor and delivery notes.
The lawyer will then contact an expert to review the evidence. Medical malpractice cases in Illinois often require expert testimony from a medical professional. The expert witness will review the evidence to determine whether the healthcare provider’s actions during childbirth fell below the accepted standard of care.
If there is enough evidence, your medical malpractice lawyer will send a demand letter to the liable medical provider’s insurance company. Your lawyer will negotiate a fair amount to cover the medical expenses, future care costs, and pain and suffering. The liable medical provider’s insurer will compensate you if negotiations are successful.
If negotiations fail, your lawyer will proceed to file a complaint outlining the claims of negligence against all involved parties. The lawyer will ensure you have completed all the required paperwork accurately and complied with the statutory limitations and court procedures.
The case will enter the discovery stage once the defendant has been served and filed a reply. Your Erb’s Palsy lawyer will use the discovery phase to obtain all crucial evidence in the defendant’s possession. This phase involves using deposition and other discovery tools to obtain relevant evidence, such as expert reports, witness testimonies, and medical records.
A settlement may be reached soon after the discovery phase. If not, the case will go to trial, whereby both parties will present their evidence and arguments before a judge or jury. The judge or jury will review the evidence and arguments and issue a verdict.
You will be awarded compensation if the verdict is in your favor. You will not receive compensation if the verdict favors the defendant. Fortunately, you can appeal the decision if you think the judge or jury made a legal or procedural error.
At Ankin Law, we are ready to offer you aggressive legal representation if your baby has been diagnosed with Erb’s Palsy due to medical malpractice. Contact us today for consultation and legal support from one of our seasoned medical malpractice lawyers.
