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Lawyer Blog: Baltimore, MD

What Causes Erb’s Palsy at Birth, and When Is It Medical Malpractice?

A Doctor Medical Malpractice Lawyers

Quick Answer: What Causes Erb’s Palsy at Birth?

Erb’s palsy is caused at birth by the stretching, tearing, or rupturing of the brachial plexus nerves in a baby’s neck and shoulder.

Erb’s palsy occurs at birth when the brachial plexus nerves between a baby’s neck and shoulder are stretched or damaged. Parents may first notice that the newborn’s arm appears weak, limp, or difficult to move.

Some injuries happen during shoulder dystocia, when the baby’s shoulder becomes lodged behind the mother’s pelvic bone. The central legal question is whether the delivery team used accepted maneuvers or applied excessive force that could have been avoided.

Key Takeaways for Causes of Erb’s Palsy at Birth

  • Erb’s palsy happens when the brachial plexus nerves are stretched, compressed, or torn during a difficult childbirth.
  • Shoulder dystocia is a serious delivery complication in which the infant’s shoulder becomes lodged in the birth canal during delivery.
  • Medical staff pulling too hard or using delivery tools improperly can lead to preventable birth injuries.
  • Doctors must recognize prenatal risk factors like high birth weight and order timely C-sections when necessary.
  • Securing fetal monitoring logs and hospital records quickly is crucial for proving a birth injury was caused by medical negligence.

How Does Erb’s Palsy Happen During Birth?

Erb’s palsy develops when the brachial plexus nerves between a baby’s neck and shoulder are stretched or damaged during delivery. It is often associated with a difficult birth, shoulder dystocia, a high birth weight, prolonged labor, or an assisted delivery involving forceps or a vacuum extractor. Families facing this diagnosis may want to speak with a personal injury attorney about their legal options.

Shoulder dystocia occurs when the baby’s shoulder becomes lodged behind the mother’s pelvic bone after the head has been delivered. The medical team must act quickly, but the condition doesn’t necessarily indicate negligence. Some cases can’t be predicted or prevented even when providers follow accepted procedures.

The risk of a preventable injury increases when a provider applies excessive sideways traction to the baby’s head or neck rather than using accepted maneuvers to release the shoulder.

The McRoberts maneuver, suprapubic pressure, delivery of the posterior arm, and internal rotational maneuvers are among the techniques used to resolve shoulder dystocia.

Signs of Possible Shoulder Dystocia Negligence

Negligence depends on whether the medical team’s response fell below the accepted standard of care and caused the nerve injury.

Relevant delivery-room errors include:

  • Excessive Lateral Traction: The provider pulls the baby’s head or neck too forcefully to free the shoulder.
  • Misuse of Delivery Instruments: Forceps or a vacuum extractor are positioned or used improperly during a difficult delivery.
  • Failure To Use Accepted Maneuvers: The team delays or neglects appropriate repositioning and shoulder-release techniques.
  • Poor Preparation or Communication: Providers don’t call for help, coordinate the response, or document the sequence of events.

Determining whether an Erb’s palsy injury was preventable usually requires a close review of the delivery notes, fetal measurements, timing, maneuvers used, and testimony from the medical professionals involved.

How Lawyers Determine What Caused an Erb’s Palsy Injury

Determining what caused an Erb’s palsy injury requires comparing the delivery team’s actions with the care a reasonably competent provider would have given under similar circumstances.

A Baltimore Erb’s palsy attorney can gather medical records and reconstruct the timeline of the birth. Your legal team can also consult qualified experts to determine whether a delivery error contributed to the brachial plexus injury.

Securing Crucial Medical Evidence

Delivery notes, fetal monitoring records, imaging, and hospital policies can help show what happened before and during the birth. These medical records may reveal which maneuvers were used, how long the shoulder remained stuck, the baby’s position, and whether excessive traction was documented.

Consulting Medical Experts

Obstetric experts review the records and explain whether the delivery met accepted medical standards. They can also assess whether the injury was consistent with an unavoidable complication or with improper force, delayed action, or the failure to use accepted shoulder dystocia maneuvers.

FAQ for the Causes of Erb’s Palsy

What Are the Main Causes of Erb’s Palsy at Birth?

Erb’s palsy occurs when the brachial plexus nerves between a baby’s neck and shoulder are stretched or damaged during birth. It’s commonly associated with a difficult delivery, particularly when the baby’s shoulder becomes stuck after the head is delivered. If this happened to your child, it may be worth exploring whether you have grounds for a birth injury claim.

Excessive traction can cause the injury, but Erb’s palsy does not automatically prove medical negligence.

Can a Delayed C-Section Lead to a Brachial Plexus Injury?

A delayed C-section can contribute to a difficult delivery in some cases, but the connection depends on the circumstances. Doctors consider fetal size, labor progression, maternal health, and other risks when deciding whether surgery is appropriate.

Is Shoulder Dystocia Always the Result of Malpractice?

Shoulder dystocia can occur even when the medical team provides appropriate care. The legal question is whether the providers used accepted maneuvers and avoided excessive traction while freeing the baby’s shoulder.

How Can Excessive Force Be Identified?

Delivery notes, records of the maneuvers used, and an expert medical review help determine whether improper pulling contributed to the injury. A limp or weak arm after birth can indicate a brachial plexus injury, but it doesn’t reveal exactly how the damage occurred.

How Long Do I Have To File an Erb’s Palsy Medical Malpractice Claim?

Maryland medical malpractice claims generally must be filed within five years of the injury or within three years of its discovery, whichever comes first. When the injured child was younger than 11, those limitation periods generally don’t begin until the child turns 11.

Taking the Next Step Toward Accountability

At the Law Offices of Steven H. Heisler, our team understands the confusion and anger you feel when you suspect a medical mistake harmed your child. We know how to investigate Maryland delivery rooms to uncover the truth behind your baby’s nerve injury.

Our priority is helping your family secure the resources necessary for your child’s recovery and long-term care. If you believe excessive force caused your child’s injury, call us at (410) 625-4878 or fill out our online form for a free consultation.