Indianapolis Erb’s Palsy Attorney - Law Office of Kelley J. Johnson

Erb’s palsy is a type of birth injury that can have lasting effects on a child’s movement and quality of life. This condition primarily impacts the shoulder, arm, and hand muscles and often results from complications during labor. While the condition is not fatal, it can present ongoing challenges throughout life, which can be expensive to handle. According to the Cleveland Clinic, there are roughly 12,000 new cases of Erb’s palsy annually.

If you believe your child developed Erb’s palsy because of a negligent doctor, you need a personal injury attorney with experience in Erb’s palsy malpractice cases. At the Law Office of Kelley J. Johnson, we understand how the pain of a birth injury affects your child’s life for years after delivery. We want you to know that legal help is available to support you and your family. Get started by contacting us for a free consultation with an experienced Erb’s palsy lawyer.

What Is Erb’s Palsy?

Erb’s palsy is a form of brachial plexus palsy that occurs when the nerves in the brachial plexus, a network of nerves located near the infant’s shoulder and upper arm, endure damage. The severity of Erb’s palsy varies – some infants recover fully, while others may experience long-term or permanent disabilities. Common Erb’s palsy symptoms include:

Limited Range of Motion – The affected arm may have a restricted range of motion, making it difficult for the infant to move or raise the same arm above shoulder level.
Arm numbness or Lack of Sensation – Nerve damage can reduce sensation in the affected arm, hand, or fingers, causing numbness or difficulty feeling touch.
Delayed Motor Development – Infants with Erb’s palsy may take longer to reach developmental milestones related to arm or shoulder movement.
Reduced Grip Strength – Grip strength in the affected hand is often weak or diminished compared to the other hand.
Arm Fixed in an Abnormal Position – Babies with Erb’s palsy often hold the affected arm bent at the elbow, with the hand rotated inward, a position sometimes called the “waiter’s tip” posture.
Muscle Weakness – Infants with Erb’s palsy often display noticeable shoulder or arm weakness, making movement limited or absent.
Pain or Discomfort – Although infants cannot express it in words, they may show signs of discomfort when you move or touch the affected arm.

What Causes Erb’s Palsy?

Erb’s palsy typically occurs during birth when there is excessive pulling on the infant’s neck, head, or shoulders. This pulling can stretch or tear brachial plexus nerves, leading to paralysis of the arm or weakness in the affected limb. Common causes found in cases of Erb’s palsy can include:

Shoulder Dystocia – This leading cause of Erb’s palsy occurs when the baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery, requiring the doctor to use maneuvers or apply pressure to help deliver the baby. As a result, shoulder dystocia and Erb’s palsy are closely linked.
Extended or Challenging Labor – Hours and hours of labor can increase the likelihood of complications that may require the use of force or delivery assistance, putting the baby’s brachial plexus at risk.
Breech Birth – A baby is delivered feet first in a breech birth. In these cases, there is an increased risk of nerve injury because the arms and shoulders become more susceptible to stretching or pulling. Doctors and nurses must take extra precautions to prevent nerve damage in these situations.

Can you Sue a Hospital for Erb’s Palsy?

If a birth injury like Erb’s palsy results from medical negligence, it may be possible to file a lawsuit against your child’s doctor, the hospital, or other negligent healthcare providers. Some common grounds for potential malpractice in Erb’s palsy lawsuit cases include:

Failure to Recognize and Address Shoulder Dystocia – If a baby’s shoulder becomes lodged against the mother’s pelvis, nurses and doctors must take immediate action to correct the issue. Failing to recognize or properly manage this condition can lead to nerve injuries from excessive pulling.
Improper Maneuvers During Delivery – In the event of shoulder dystocia, there are certain recommended medical maneuvers to safely relieve the obstruction. Using improper or dangerous techniques can increase the risk of a brachial plexus birth injury.
Excessive Force During Delivery – Applying too much force on the infant’s head, neck, or shoulders, especially in cases of shoulder dystocia, can stretch or tear the brachial plexus nerves, resulting in Erb’s palsy.
Delayed Decision to Perform a C-Section – In high-risk deliveries, a timely decision to perform a C-section may prevent injury to the nerves. Delays in deciding on or performing a C-section can increase the likelihood of complications like Erb’s palsy.
Improper Use of Delivery Tools – Incorrect or forceful use of instruments like forceps or vacuum extractors can cause significant stress on the baby’s shoulder and neck, leading to nerve damage.
Inadequate Training or Supervision – Healthcare providers who lack training in handling complications like shoulder dystocia or improperly supervise inexperienced staff are more prone to errors during delivery, potentially resulting in brachial plexus injuries.
Failure to Assess Risk Factors Prior to Delivery – Risk factors such as prolonged labor or maternal conditions like gestational diabetes should alert medical staff to the potential need for special delivery measures. Ignoring or failing to prepare for these risk factors can increase the risk of Erb’s palsy.

Erb’s Palsy Compensation: What to Expect

You can pursue various losses in a medical malpractice claim for Erb’s palsy, including the following:

Medical Expenses – You can include the cost of immediate care, surgeries, assistance devices, prescription medications, and any future medical costs associated with the injury.
Rehabilitation Costs – You can seek compensation for physical therapy, occupational therapy, or other rehabilitation services necessary to help your child recover or adapt to the injury.
Parental Lost Wages – If you need to take time off work or reduce your work hours to care for your child, you can pursue compensation for the lost income.
Pain and Suffering – You can pursue compensation to cover the physical pain, emotional distress, and suffering your child may experience due to the injury to cover the emotional toll of the injury.

If brachial plexus injuries caused your child’s birth injuries, you may be entitled to compensation for the losses your family has suffered. Reach out to an experienced medical negligence lawyer for legal assistance.

Contact a Knowledgeable Medical Malpractice Attorney for Your Birth Injury Case

Raising a child with Erb’s palsy can be emotionally and financially challenging for families, but a lawyer with experience in brachial plexus birth palsy cases can make a significant difference in helping your family and child heal. The Law Office of Kelley J. Johnson can address your legal concerns, answer questions, and advocate for your family to seek the compensation you need and deserve. Call for your free consultation with an Erb’s palsy attorney.