San Francisco Erb's Palsy Attorney

What Is Erb's Palsy?

Erb's palsy is a condition that affects the nerves in a newborn's upper arm. It is caused by damage to the brachial plexus, a network of nerves that extends from the neck to the shoulder. The brachial plexus is responsible for controlling the muscles in the shoulder, arm, and hand. When these nerves are damaged, the child may experience weakness or paralysis in the affected arm.

Erb's palsy is a type of birth injury that can occur when a baby's shoulder becomes lodged behind the mother's pelvic bone during delivery. This is known as shoulder dystocia and it can cause the brachial plexus nerves to stretch or tear.

It is a preventable condition that can be caused by medical negligence. If your child has been diagnosed with Erb's palsy, you may be entitled to compensation. The San Francisco Erb's palsy lawyers at Bostwick & Peterson, LLP can help you understand your legal rights and options.

Call (888) 831-8448 or contact us online for a consultation.

What Are the Symptoms of Erb's Palsy?

Erb's palsy is typically diagnosed shortly after birth. In some cases, the condition may be evident immediately. In others, it may take a few days or weeks for the symptoms to become apparent.

Common symptoms of Erb's palsy include:

• Weakness in the affected arm
• Loss of sensation in the affected arm
• Partial or total paralysis in the affected arm
• Arm bent at the elbow and held against the body
• Loss of muscle control in the affected arm

It is typically diagnosed based on a physical examination of the newborn. In some cases, additional tests may be ordered to determine the extent of the nerve damage.

What Causes Erb's Palsy?

Erb's palsy is caused by damage to the brachial plexus nerves. This damage can occur when the baby's shoulder becomes lodged behind the mother's pelvic bone during delivery.

Several factors can increase the risk of shoulder dystocia and Erb's palsy, including:

• Maternal diabetes
• Maternal obesity
• Maternal pelvic abnormalities
• Post-term pregnancy
• Excessive maternal weight gain
• Excessive gestational weight gain
• Induced labor
• Use of forceps or vacuum extraction

Shoulder dystocia is a medical emergency that requires immediate intervention. If a doctor or other medical professional fails to recognize the signs of shoulder dystocia and take appropriate action, the baby may suffer a brachial plexus injury and develop Erb's palsy.

How Can Medical Malpractice Lead to Erb's Palsy

Medical malpractice can lead to Erb's Palsy, a condition that affects the nerves in a baby’s upper arm and can cause weakness or paralysis, when there are errors during childbirth. Erb's Palsy often occurs due to trauma to the brachial plexus, the network of nerves responsible for arm movement.

The following medical mistakes can contribute to this injury:

• Improper Handling of Shoulder Dystocia: Shoulder dystocia is a birth complication where the baby's shoulder gets stuck behind the mother’s pelvic bone during delivery. If a doctor uses excessive force to pull the baby, especially on the head or neck, it can stretch or tear the brachial plexus nerves, leading to Erb's Palsy.
• Misuse of Delivery Tools: Instruments like forceps or vacuum extractors are sometimes used to assist with delivery. If these tools are applied with too much pressure or used incorrectly, they can damage the baby's nerves in the shoulder area, resulting in Erb's Palsy.
• Failure to Perform a Timely Cesarean Section (C-section): In situations where vaginal delivery poses a risk to the baby, such as with large babies (macrosomia), prolonged labor, or shoulder dystocia, failing to timely recommend and perform a C-section can result in excessive strain on the baby’s shoulder and neck. This strain can cause nerve damage that leads to Erb's Palsy.
• Negligent Monitoring of Labor Progress: Failure to recognize warning signs during labor, such as fetal distress or prolonged labor, may result in complications that increase the likelihood of nerve damage. Delayed intervention or poor decision-making by the medical team may result in improper handling during delivery.

Proving medical malpractice in Erb's Palsy cases requires demonstrating that a healthcare provider’s negligence directly caused the injury. This typically involves gathering medical records, expert testimony, and evidence that shows the standard of care was breached. A birth injury lawyer experienced in medical malpractice can help assess whether the medical team acted negligently, and whether their actions—or failure to act—led to the brachial plexus injury. Establishing this connection is key to filing a successful claim.