Quick Answer: Does My Child’s Erb’s Palsy Mean I Can File a Lawsuit?
If your child developed Erb’s palsy during birth, you can usually take action when:
- The medical team failed to evaluate signs that the baby could be unusually large before labor began.
- A doctor improperly used a vacuum or forceps and forcefully pulled the baby.
- The delivery staff ignored standard safety procedures when a baby’s shoulder became stuck.
An unexpected delivery room injury can quickly shift a family’s focus from celebrating a new baby to worrying about long-term care. An Erb’s palsy birth injury claim becomes more likely when the nerve damage follows shoulder dystocia, excessive pulling, or a failure to use accepted delivery maneuvers.
Parents in Baltimore also need to consider when to file a birth injury lawsuit in Maryland. medical records, delivery notes, and expert review can help show whether the injury resulted from an unavoidable complication or a preventable medical error.
Maryland’s filing deadlines can also affect whether a family has the right to pursue compensation.
Key Takeaways for Erb’s Palsy Birth Injury Claim
- Not all newborn nerve injuries are natural complications; some happen because of preventable delivery room errors.
- Recognizing the physical symptoms of nerve damage early allows parents to seek immediate medical and legal help.
- Reviewing hospital delivery notes and fetal monitoring data can provide important evidence of medical negligence.
- Maryland law strictly limits the amount of time parents have to take formal legal action after a birth injury.
- Consulting a Baltimore Erb’s palsy lawyer early helps protect your family’s rights.
What Are the Common Symptoms of Erb’s Palsy in Newborns?
The most common symptom of Erb’s palsy is weakness or loss of movement in one arm. Parents may notice that their baby moves one side less than the other or holds the affected arm in an unusual position.
Common signs include:
- Limited Arm Movement: The baby moves one arm less than the other or does not move it at all.
- Bent or Inward-Turned Arm: The affected arm hangs close to the body with the shoulder turned inward and the elbow straight.
- Difficulty Bending the Elbow: The baby struggles to lift the arm or bring the hand toward the face.
- Weak or Absent Reflexes: The affected arm doesn’t respond normally during a newborn reflex exam.
- Weak Hand or Wrist Movement: More extensive brachial plexus injuries can affect hand and finger movement or sensation.
Early medical evaluation can determine the extent of the injury and whether physical therapy or other treatment is appropriate. More severe injuries can require surgery and longer-term rehabilitation. Families facing these long-term costs may want to consult a personal injury attorney about their legal options.
What Red Flags Can Point to Medical Negligence in a Birth Injury?
Possible red flags for malpractice include excessive traction, delayed action, and a failure to use accepted techniques during a difficult delivery. No single mistake proves negligence, but several warning signs can justify a closer review of the medical records.
Common examples include:
- Excessive Traction: The doctor pulls forcefully on the baby’s head or neck while trying to release a trapped shoulder.
- Failure To Use Accepted Maneuvers: The delivery team delays or skips techniques such as the McRoberts maneuver or suprapubic pressure.
- Improper Fundal Pressure: A provider pushes downward on the mother’s abdomen during shoulder dystocia, which can worsen the obstruction.
- Misuse of Forceps or Vacuum Extraction: Delivery instruments are used with improper positioning, force, or timing.
- Ignoring Known Risk Factors: Providers fail to consider fetal size, maternal diabetes, breech presentation, or a prior history of shoulder dystocia.
- Poor Documentation: The delivery notes do not clearly identify the maneuvers used, the sequence of events, or how the baby’s injury occurred.
These red flags don’t automatically establish malpractice. Medical records and expert review are usually needed to determine whether the delivery team departed from accepted care and caused the brachial plexus injury.
How Do Doctors Differentiate Normal Risks From Preventable Errors?
Doctors differentiate normal delivery risks from preventable errors by evaluating if the medical team followed established safety guidelines during an emergency. A difficult birth doesn’t mean the hospital staff made a negligent mistake.
Sometimes, sudden emergencies happen that no medical provider could reasonably predict or prevent. Identifying malpractice requires looking at how the staff responded to the crisis once it began.
For example, delivering a large baby presents known risks that doctors must prepare for ahead of time. If a doctor fails to respond appropriately to known risks and applies improper pressure to the mother’s stomach, that specific action often crosses the line into negligence.
Your Baltimore Erb’s palsy attorney can consult with medical experts to determine if your doctor’s choices were reasonable under the circumstances.
How Medical Documentation Supports an Erb’s Palsy Claim
Your child’s delivery notes and clinical test results provide important evidence that can help show what went wrong during birth. A thorough review of hospital records can also reveal important details about a complicated and rushed delivery.
Your legal team will gather specific hospital files to establish liability, including:
- Fetal Monitor Strips: These recordings show whether the baby’s heart rate pattern raised concerns before delivery.
- Operative Delivery Notes: These documents detail whether the physician used tools like forceps or a vacuum extractor and provide evidence for evaluating how they were used during birth.
- Pediatric Neurology Assessments: Post-birth specialist evaluations help document the severity and location of the nerve damage.
FAQ for Erb’s Palsy Birth Injury Claims
Does My Child’s Erb’s Palsy Mean I Can File a Lawsuit?
Erb’s palsy alone doesn’t prove medical negligence. A claim generally requires evidence that a healthcare provider failed to meet the accepted standard of care and caused your child’s nerve injury.
Who Can Be Held Responsible in an Erb’s Palsy Birth Injury Claim?
Possible defendants in an Erb’s palsy claim can include an obstetrician, nurse, other medical provider, or hospital. Liability depends on who made the relevant decisions, how the delivery was handled, and whether the hospital bears responsibility for its staff or policies.
How Do Doctors Diagnose Newborn Arm Paralysis?
Doctors usually begin with a physical examination to evaluate movement, strength, and reflexes. Imaging or nerve studies can help determine the location and severity of the injury and rule out fractures or other child’s erb’s palsy injury causes.
How Long Do I Have To File an Erb’s Palsy Medical Malpractice Claim in Maryland?
Maryland medical malpractice claims generally must be filed within five years of the injury or three years from the date the injury was discovered, whichever comes first. When the injured child is younger than 11, those deadlines generally don’t begin running until the child’s 11th birthday.
What Medical Expenses Can a Birth Injury Settlement Cover?
Compensation can address past and future treatment related to the injury. That can include physical or occupational therapy, braces, specialist care, surgery, and other projected medical needs.
Take the Next Step Toward Protecting Your Child’s Future
Discovering that your child’s nerve injury was likely preventable brings a heavy mix of anger, frustration, and confusion. You don’t have to fight massive hospital legal teams or navigate complex state laws on your own.
The Law Offices of Steven H. Heisler is ready to investigate the events in the delivery room and hold negligent providers accountable for their mistakes. Take action today to secure the financial resources your child needs for a healthy, supported life.
Call us at (410) 625-4878 or fill out our online contact form to start your confidential case review.