Experienced Representation for Children Affected by Erb's Palsy and Brachial Plexus Injuries
When a baby suffers an injury to the nerves controlling the arm during childbirth, the effects can extend far beyond the delivery room.
Erb's palsy is a type of brachial plexus injury that can affect a child's ability to move and use the shoulder, arm, wrist, or hand. Some children recover with appropriate treatment, while others experience permanent weakness, loss of movement, or other physical limitations.
Erb's palsy can occur during a difficult delivery, including a delivery complicated by shoulder dystocia. However, not every Erb's palsy injury is caused by medical negligence. Determining whether a healthcare provider's actions or failure to act contributed to the injury requires a careful examination of the circumstances surrounding the delivery.
At Diez-Arguelles & Tejedor, our attorneys represent children and families in Erb's palsy and birth injury cases throughout Florida. We investigate the delivery, review the medical records, consult qualified medical professionals, and work to determine whether the injury could have been prevented.
If your child has been diagnosed with Erb's palsy and you believe something went wrong during delivery, contact our Orlando office for a free, confidential case review.
Diez-Arguelles Tejedor stands up for families affected by Erb's palsy and birth injuries. Our attorneys are committed to protecting your rights and helping you pursue the financial compensation needed to secure your child's long-term care and future.
Call (407) 705-2880 to learn how we can help.
What Is Erb's Palsy?
Erb's palsy is a condition caused by an injury to the brachial plexus, a network of nerves that carries signals between the spinal cord and the shoulder, arm, and hand.
These nerves help control movement and sensation in the upper extremities. When the nerves are stretched, compressed, or otherwise damaged, a child may have difficulty moving or feeling parts of the affected arm.
Erb's palsy most commonly affects the upper portion of the brachial plexus. The severity of the injury can vary significantly.
Some infants may experience temporary weakness and eventually recover normal or near-normal function. More serious nerve injuries can result in permanent impairment and may require surgery, ongoing therapy, or other treatment.
What Causes Erb's Palsy?
Erb's palsy can occur when the brachial plexus is injured during childbirth.
One of the most common situations associated with birth-related brachial plexus injuries is shoulder dystocia, a complication in which the baby's shoulder becomes lodged behind the mother's pelvic bone after the baby's head has been delivered.
When shoulder dystocia occurs, the delivery can become an emergency. Healthcare providers must recognize the complication and use appropriate techniques to safely complete the delivery.
A brachial plexus injury may occur during a difficult delivery, but the presence of Erb's palsy alone does not prove that a doctor or other healthcare provider was negligent.
Other factors may also be relevant, including:
- The baby's size and position
- The mother's medical history
- Gestational diabetes
- The baby's position during delivery
- A history of shoulder dystocia
- Prolonged or difficult labor
- The use of forceps or a vacuum extractor
- The delivery techniques used
- The amount and direction of force applied during delivery
- How healthcare providers responded when complications developed
Understanding the cause of the injury requires an evaluation of the individual delivery and the medical care provided.
Erb's Palsy and Shoulder Dystocia
Shoulder dystocia occurs when the baby's shoulders become impacted after the head has been delivered.
It is a serious obstetric complication because the baby's body may not deliver normally once the shoulders become lodged.
Healthcare providers may use specific maneuvers to address shoulder dystocia and safely complete the delivery. The appropriate response depends on the circumstances and the medical standards applicable at the time.
When a child develops Erb's palsy following a shoulder dystocia delivery, an investigation may be appropriate to determine how the complication was managed.
Important questions can include:
- Was the risk of shoulder dystocia recognized?
- Were appropriate precautions taken?
- Was the complication promptly identified?
- Were appropriate delivery maneuvers used?
- Was excessive traction placed on the baby's head, neck, or shoulders?
- Were forceps or a vacuum extractor used appropriately?
- Did the medical team respond appropriately to the emergency?
- Could a different approach have reduced the risk of injury?
The answers depend on the specific circumstances of the delivery and often require review by qualified medical experts.
How Medical Negligence Can Cause or Contribute to Erb's Palsy
A difficult delivery does not automatically mean that medical negligence occurred.
However, there are circumstances in which the way a delivery is managed may contribute to a brachial plexus injury.
Potential examples of medical negligence may include:
Improper Use of Force
Excessive or inappropriate force during delivery can place stress on the nerves of the brachial plexus.
Improper Management of Shoulder Dystocia
Healthcare providers may need to respond quickly when shoulder dystocia occurs. Failing to recognize or appropriately manage the complication may increase the risk of injury.
Failure to Recognize Risk Factors
Certain circumstances may increase the risk of shoulder dystocia. A healthcare provider's failure to appropriately evaluate relevant risk factors may be important when investigating a case.
Improper Use of Delivery Instruments
Forceps and vacuum extractors can be useful in certain deliveries but must be used appropriately. Their use may be examined when investigating a baby's injury.
Failure to Respond to Complications
When complications develop during labor or delivery, healthcare providers may need to act quickly. A failure to respond appropriately can potentially result in preventable harm.
Whether any of these circumstances occurred in your child's case requires an individualized review of the medical evidence.
Signs and Symptoms of Erb's Palsy
Parents may notice signs of Erb's palsy shortly after birth.
Depending on the severity and location of the nerve injury, an infant may have:
- Weakness in one arm
- Limited movement of the affected arm
- An arm that appears limp
- Difficulty bending the elbow
- Limited movement of the wrist or hand
- Differences in movement between the two arms
- Reduced sensation in the affected arm
- An unusual position of the affected arm
- Difficulty using the shoulder or arm normally
In some cases, the symptoms may improve as the nerves heal. More serious injuries can result in long-term or permanent limitations.
If you notice that your baby is not moving one arm normally, the child should be evaluated by an appropriate medical professional.
Diagnosing and Treating Erb's Palsy
A child's treatment depends on the severity and type of brachial plexus injury.
Doctors may evaluate the child's movement, muscle strength, reflexes, and sensation. Additional testing may be used when appropriate to better understand the extent of the nerve injury.
Treatment can include:
Physical Therapy
Physical therapy can help maintain flexibility, strengthen muscles, and improve the child's ability to use the affected arm.
Occupational Therapy
Occupational therapy may help children develop skills needed for everyday activities and improve the functional use of the affected arm and hand.
Surgery
Some serious nerve injuries may require surgery to repair or reconstruct damaged nerves. The timing and type of surgery depend on the child's specific injury and medical circumstances.
Ongoing Treatment
Children with more significant injuries may require continued therapy, follow-up appointments, orthopedic care, or other treatment as they grow.
Early evaluation and appropriate treatment can be important in determining the child's potential for recovery.
Will My Child Recover From Erb's Palsy?
The outlook for a child with Erb's palsy depends largely on the severity and type of nerve injury.
Some nerve injuries heal naturally over time, allowing the child to regain significant or complete function.
More severe injuries can result in permanent weakness or limited movement. Some children may experience difficulty using the affected arm throughout their lives and may require ongoing therapy, surgery, or other medical care.
Because every injury is different, a child's prognosis should be determined by qualified medical professionals who can evaluate the specific nerve damage and the child's development over time.
For families considering a potential legal claim, understanding the child's prognosis can also be important when evaluating future medical, therapeutic, and care needs.
When Should Parents Consider a Legal Investigation?
Learning that your child has Erb's palsy does not necessarily mean that someone made a mistake.
However, parents may reasonably have questions about what happened during delivery, particularly when the injury occurred during a difficult or complicated birth.
A legal investigation may be appropriate when there are concerns about:
- Shoulder dystocia
- Excessive traction during delivery
- Improper delivery techniques
- Improper use of forceps or a vacuum extractor
- Failure to recognize or respond to complications
- Failure to properly manage known risk factors
- Other potential departures from the appropriate standard of care
The purpose of an investigation is not to assume that negligence occurred. It is to determine whether the medical care provided was appropriate and whether a preventable error caused or contributed to the child's injury.
The Long-Term Impact of Erb's Palsy
The consequences of Erb's palsy can vary considerably from one child to another.
A child with a more serious injury may require years of physical or occupational therapy. Some children may undergo surgery or require ongoing medical monitoring.
Permanent limitations may affect the child's ability to:
- Lift or extend the affected arm
- Rotate the shoulder
- Bend the elbow
- Grip objects
- Perform fine motor tasks
- Participate in sports or recreational activities
- Perform certain everyday activities
- Pursue certain educational or occupational opportunities
The long-term impact depends on the severity of the nerve injury and the child's response to treatment.
When a child suffers a permanent injury, understanding those future limitations can be important when evaluating the full extent of the family's legal claim.
How We Investigate Erb's Palsy Cases
Erb's palsy cases can involve complex questions about obstetric care, delivery techniques, nerve injuries, and a child's long-term prognosis. Determining what caused the injury requires a careful review of the circumstances surrounding the pregnancy, labor, and delivery.
Our attorneys examine the complete medical history and delivery records to understand what happened before, during, and immediately after birth. This may include prenatal records and testing, maternal medical history, fetal monitoring, labor and delivery documentation, nursing records, and records concerning complications such as shoulder dystocia. We also review documentation involving forceps or vacuum-assisted delivery, C-sections, and the care provided to the newborn.
Because Erb's palsy can require ongoing treatment, our investigation may also include pediatric, neurological, and orthopedic records, diagnostic testing, physical and occupational therapy records, and medical bills. When appropriate, we work with qualified medical professionals who can evaluate the evidence and provide opinions regarding the care provided and the cause of the child's injury.
Ultimately, the investigation is focused on understanding what caused the nerve injury, how it occurred, and whether it could have been prevented. We may examine whether shoulder dystocia was involved, whether appropriate delivery techniques were used, whether excessive force was applied, and whether healthcare providers responded appropriately to the circumstances. These questions require looking at the complete medical picture, not simply the child's diagnosis.
What Compensation May Be Available?
When medical negligence causes or contributes to an Erb's palsy injury, the child and family may face significant current and future expenses.
Depending on the circumstances of the case and applicable Florida law, compensation may potentially address:
- Medical treatment
- Surgery
- Physical therapy
- Occupational therapy
- Diagnostic testing
- Medications
- Assistive equipment
- Future medical care
- Long-term rehabilitation
- Other economic losses
- Applicable non-economic damages
The potential value of a case cannot be determined by the diagnosis alone.
An evaluation may need to consider the child's prognosis, expected medical treatment, future therapy, potential surgeries, functional limitations, and other consequences of the injury.
Our Experience With Birth Injury Cases
Erb's palsy is one of the types of injuries that can arise from complications during childbirth. Our attorneys have extensive experience handling serious birth injury, medical malpractice, catastrophic injury, and wrongful death cases.
Our firm's reported results include:
Birth Injury & Wrongful Death
Birth Injury
Hypoxic Brain Injury to Baby
Delayed C-Section
Premature Birth Injury
Birth Injury
Birth Injury
These results reflect prior case outcomes and do not guarantee a particular result in any future case. Every case is different, and the outcome depends on the facts and circumstances of each case.
Florida Cerebral Palsy Medical Malpractice Claims Have Legal Deadlines
If you believe your child's Erb's palsy resulted from medical negligence, it is important to speak with an attorney as soon as possible.
Florida law imposes deadlines for bringing medical malpractice claims. The rules can be complicated, particularly when the injured person is a child and when the connection between an injury and medical negligence is not immediately recognized.
The deadline that applies to a particular claim can depend on factors including when the medical incident occurred, when the injury was discovered or should have been discovered, the child's age, and the specific circumstances of the claim.
Missing an applicable deadline can prevent a family from pursuing a claim.
Because the laws governing medical malpractice claims can be complex, do not assume that you have unlimited time simply because your child is young.
Our Attorney's can review the circumstances of your child's injury and explain what deadlines and legal requirements may apply.
If Your Child Has Erb's Palsy, We Can Help
Learning that your baby has suffered a brachial plexus injury can be overwhelming, especially when you are left wondering what happened during the delivery. You may have questions about whether the injury was unavoidable, whether your baby experienced shoulder dystocia, whether excessive force was used, or whether the injury could have been prevented.
You may also wonder whether the medical team recognized the complications and responded appropriately. These are difficult questions, and you should not have to try to find the answers on your own.
Diez-Arguelles & Tejedor represents children and families in Erb's palsy, birth injury, and medical negligence cases throughout Florida. Our attorneys can carefully review the circumstances surrounding your child's delivery, examine the medical evidence, and help you understand what may have caused the injury and what legal options may be available.
If you believe medical negligence caused or contributed to your child's Erb's palsy, contact our Orlando office for a free, confidential case review.
Serving injured individuals and families throughout Orlando and across Florida. Call Diez-Arguelles & Tejedor at 1-888-888-3773 to discuss your legal options in a free consultation.
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