Childbirth comes with an inherent risk of potential complications. Shoulder dystocia is one possibility: when an infant’s shoulders get stuck behind the mother’s pelvis or pubic bone during delivery. In some situations, including cases of medical malpractice, shoulder dystocia can lead to a lasting birth injury known as Erb’s palsy. A Minneapolis Erb’s palsy attorney can help you identify whether or not you have a medical malpractice case.
What Is Erb’s Palsy?
Erb’s palsy is a condition that can arise due to damage or injury to a baby’s brachial plexus during a complicated delivery. The brachial plexus is the bundle of nerves located in the shoulder. They affect the shoulder, arm, hand and fingers.
When the brachial plexus is injured, damage to this nerve bundle can result in a loss of feeling and function in the infant’s arm on that side (Erb’s palsy). In a case of Erb’s palsy, an infant may not be able to move the shoulder, arm, hand or fingers – or they may experience paralysis in only one of these areas but not the others. Loss of feeling or sensation and muscle weakness are also common symptoms of Erb’s palsy.
Another possibility is Klumpke’s palsy, a brachial plexus injury that specifically affects the lower nerves of the arm. While Erb’s palsy can be permanent, most infants make full recoveries. Movement and feeling can be restored in the affected arm over time with treatments such as physical therapy.
How Can Shoulder Dystocia Cause Erb’s Palsy?
When presented with a case of shoulder dystocia during the birth of a child, a physician is expected to react calmly, appropriately and according to the medical industry’s standards of patient care. Anything less than this is substandard care – otherwise known as medical malpractice.
The correct response to shoulder dystocia may be to reposition the mother, apply pressure above the mother’s pubic bone to free the baby’s shoulder, rotate the baby’s shoulders, carry out an episiotomy, or other solutions, depending on the circumstances.
If a doctor incorrectly tugs on an infant’s arm or head, twists the baby’s neck, misuses forceps or a vacuum, or makes other mistakes when responding to a case of shoulder dystocia, this can cause injury to the baby’s brachial plexus and Erb’s palsy.
Is Shoulder Dystocia Preventable?
Shoulder dystocia cannot always be prevented. However, there are circumstances that may signal to a health care provider to take preventive action. Risk factors such as large infant size, gestational diabetes and a previous case of shoulder dystocia during a prior birth all point to an increased likelihood of this complication.
If risk factors are present, the correct course of action to prevent potential complications may be for the OBGYN to recommend a scheduled C-section rather than a vaginal birth. The failure to make the correct medical recommendation may constitute malpractice if a prudent health care provider reasonably would have in the same situation.
When Is Erb’s Palsy a Sign of Medical Malpractice?
Erb’s palsy is a birth injury that could lead to a medical malpractice claim if a health care provider was negligent in how they responded to a case of shoulder dystocia. If a reasonable practitioner would have taken different measures to prevent shoulder dystocia or Erb’s palsy, the injured infant’s parents may be able to file a claim in pursuit of financial compensation.
If your child has been diagnosed with Erb’s palsy in Minnesota, contact the birth injury lawyers at Goldenberg Lauricella, PLLC for a free review of your case and legal rights.