Medical mistakes during labor and delivery can cause serious injuries to newborns. One of the most well-known birth injuries is Erb’s palsy, which affects the nerves in a child’s arm and shoulder.
In some cases, Erb’s palsy develops because of unavoidable complications during childbirth. In other situations, the condition occurs because healthcare providers failed to follow proper medical procedures, which is a form of malpractice. Any party that committed malpractice during prenatal care, labor, or delivery can be held responsible through a Philadelphia Erb’s Palsy lawsuit for resulting birth injuries.
What Is Erb’s Palsy?
Erb’s palsy is a type of brachial plexus injury that affects the network of nerves connecting the spine to the shoulder, arm, and hand. Damage to these nerves can weaken or paralyze the affected arm, limiting a child’s ability to move their shoulder, elbow, or hand.
The injury typically occurs during childbirth when excessive force stretches or damages the brachial plexus nerves.
Medical professionals are expected to recognize risk factors and take appropriate steps to prevent Erb’s palsy and other nerve damage.
When Is Erb’s Palsy Considered Malpractice?
Not every birth injury automatically qualifies as medical malpractice in Philadelphia. However, Erb’s palsy may be considered malpractice when healthcare providers fail to meet the accepted standard of care during labor and delivery.
Under Pennsylvania law, the standard of care refers to the level of skill and caution that reasonably competent medical professionals would use in similar circumstances. If a doctor, nurse, or other medical provider fails to follow appropriate procedures and injure a baby, they may be considered negligent.
Examples of conduct that may lead to malpractice in Erb’s palsy cases include:
- The baby’s shoulder becoming stuck behind the mother’s pelvic bone (shoulder dystocia)
- Excessive pulling or twisting of the baby’s head or neck during delivery
- Improper use of forceps or vacuum extractors
- Failure to perform a timely cesarean section (C-section)
- Failing to order a C-section when medically necessary
- Poor monitoring of the mother and baby during labor
In most cases, nerve damage is preventable with proper medical care. Medical malpractice cases are an important means of holding providers accountable for avoidable mistakes.
Who Can Be Held Liable for Erb’s Palsy?
Birth injuries like Erb’s palsy often involve multiple healthcare providers working together during labor and delivery. As a result, more than one party may share responsibility when malpractice occurs.
Potentially liable parties in an Erb’s palsy case may include:
- Obstetricians or delivery physicians responsible for managing the childbirth process
- Nurses or medical staff involved in monitoring labor and assisting with delivery
- Hospitals or medical facilities responsible for supervising staff and maintaining proper safety protocols
- Medical groups or healthcare organizations that employ the providers involved
Determining liability in a birth injury is a multi-step process. The case often requires extensive investigation into the medical care provided during pregnancy and delivery. Attorneys frequently review medical records and consult with medical experts to identify violations of the standard of care.
If your child developed Erb’s palsy and you believe medical negligence may have played a role, you may have legal options. Contact an experienced Philadelphia birth injury attorney at Morris Wilson Knepp Jacquette, P.C. to discuss your situation and learn how you may be able to pursue compensation for your child’s injuries.