Erb’s palsy, also referred to as Erbs Palsy, is one of the most common conditions that arise from nerve injuries during childbirth. It’s also known as brachial plexus birth palsy or Erb-Duchenne paralysis. If your baby has been diagnosed, you’re probably wondering why: what happened, what caused it, and were medical mistakes involved? This guide explains whether a lawsuit may be appropriate and how to take the next step.
What Causes Erb’s Palsy?
Understanding Erbs Palsy is crucial for parents facing this diagnosis.
Erb’s palsy is caused by injury to the brachial plexus, a group of nerves near the neck that connect the spinal cord, shoulder, and arm. During childbirth, these nerves can be stretched or even torn, which is called shoulder dystocia. It’s most common during vaginal births when the baby’s shoulder gets stuck after the head is delivered.
Large baby size, known as macrosomia, increases the risk factor. The baby being in breech position or a long or difficult labor can also increase the chances of shoulder dystocia. The use of forceps or vacuum extractors further adds to the risk.
While some brachial plexus injuries heal with time, others leave lasting weakness or paralysis, with life-changing consequences. That’s why it’s so important to get your child the help they need, potentially as a result of a lawsuit. If you’re considering legal action, begin by speaking with an Erb’s palsy law firm that has relevant experience and a history of success.
Can You File a Lawsuit for Erb’s Palsy?
Yes, you can file a lawsuit for Erb’s palsy, but only if the injury was caused by medical negligence. That means that a doctor, nurse, or other healthcare professional failed to give you the level of care that was expected, and that failure led to your child’s injury. These are some of the most common examples of negligent behavior:
- Failing to order a C-section when there were clear risk factors (or ordering it late)
- Using too much force when delivering
- Delaying help during a difficult delivery
- Not recognizing the signs of shoulder dystocia
It’s unlikely you’ll be able to determine this yourself. It’s not easy to know what happened in the delivery room. Speaking with a birth injury lawyer can help because they know how to review the records, ask the right questions, and get you the information you need.
What You Need to Prove
To win your Erb’s palsy lawsuit, your legal team needs to prove four things:
- Duty: The doctor and other providers had a duty to care for you and your baby
- Breach: They neglected to follow the accepted standard of care
- Injury: Your child suffered a brachial plexus injury
- Causation: The injury was caused by that breach of care
To show these four elements, your lawyer will review medical records, gather documents, and get testimony from expert doctors to help evaluate your case.
What Compensation Might You Receive?
On average, birth injury lawsuits award over $1 million. Each case is unique, so the compensation you may receive depends on multiple factors, including the severity of your child’s needs. Some children need surgery. Others require regular physical therapy, occupational therapy, or help with daily tasks.
Your lawsuit will aim to recover money for these sorts of medical expenses (past and future). You may also be able to recover money for adaptive equipment, as well as emotional damages like pain and suffering, as well as loss of future earning ability.
There Is a Deadline
If your child has Erb’s palsy, you need to act quickly. There’s a time limit on when you can file a lawsuit. Every state has its own statute of limitations, so the period during which you can still sue varies. Usually, it’s two or three years from the date of the injury, though it’s sometimes counted from when the injury was, or should have been, discovered. This is why it’s always wise to speak to a legal expert now, so you don’t lose the option later.
Endnote
When your child receives an Erb’s palsy diagnosis, it’s normal to feel confused, angry, and overwhelmed. Sometimes, it raises more questions than answers. It’s important to seek the truth so you can plan your next steps. Speaking with a law firm that handles these types of cases is your best bet. Most offer free consultations, so you have nothing to lose. At the very least, they can uncover what really happened and whether medical malpractice was involved. And if it was, you can get the financial support you need to give your child the specialized care they deserve.
