Giving birth to a child is one of the most exciting moments in a mother’s life, but it is also nerve-wracking, as any parent has some worry about whether their child will be okay. Fortunately, most births happen without issue, but this doesn’t always happen. One of the most common injuries during childbirth is the development of Erb’s palsy. Unfortunately, sometimes, these injuries are preventable. If your child has been diagnosed with Erb’s palsy and you believe the injury is the result of inadequate or negligent medical care, it may be possible to file a medical malpractice claim in New York City. Understanding how New York medical malpractice law applies to birth injuries can help impacted families determine the best course of action, including whether or not they may be eligible for damages.
What Is Erb’s Palsy?
Essentially, Erb’s palsy is an injury to a newborn’s brachial plexus. The brachial plexus is the part of the body where the neck joins the shoulder. In most cases, this condition will develop when a baby’s shoulder is impacted or stuck on the mother’s pelvis during childbirth, a complication known as shoulder dystocia. During attempts to deliver the baby, excessive force or improper delivery maneuvers can stretch and tear nerves. Nerves will then be torn or stretched improperly during the delivery of the baby. Though recovering from this condition through extensive treatments is possible, it’s not always the case.
Important Facts About Erb’s Palsy
- This is a form of brachial plexus injury
- It occurs when the nerves that control the arm and shoulder are torn or stretched
- The injury often occurs during difficult deliveries
- Symptoms may range from mild weakness to full paralysis of the arm
- Some children may recover with therapy, while surgery and long-term care may be required for others
Common Symptoms of Erb’s Palsy in Newborns
- Weakeness or paralysis in the arm or shoulder
- Reduced grip strength on the impacted hand
- Loss of sensation in the arm or shoulder
- Lack of muscle control
- Limp or motionless arm after birth
- Delayed developmental milestones
Potential Treatment and Recovery for Erb’s Palsy
The treatment options for this condition will depend on the severity of the injury. Some children may naturally recover over time, while others may require extensive care to treat the injury.
- Phsyical therapy to improve strength and mobility in the injured arm
- Long-term rehabilitation to prevent muscle stiffness and joint issues
- Tendon transfer to improve arm function
- Occupational therapy to restore motor control
Is Erb’s Palsy Always the Result of Medical Malpractice?
The first thing you should understand is that not every case of Erb’s palsy is a result of a physician’s error. Some cases occur even when a medical provider follows the appropriate procedure during the delivery of a child.
However, there are also situations in which Erb’s Palsy occurs because a medical professional failed to mitigate known risks during childbirth. When evaluating a claim involving Erb’s palsy and potential medical malpractice, the most important consideration is whether or not the injury could have been prevented if the doctor had provided proper medical care.
Situations Where Erb’s Palsy May Involve Medical Negligence
- Failure to properly identify dystocia during delivery
- Excessive pulling or traction applied to the infant’s head or neck
- Failure to adhere to appropriate delivery methods
- Delayed decision to perform a cesarean section
- Failure to identify risk factors during pregnancy
Risk Factors Doctors Should Identify Before Delivery
- Large baby relative to the mother’s pelvic size
- Maternal diabetes during pregnancy
- Prolonged or difficult labor
- Complications caused by breech labor
- History of shoulder dystocia in prior deliveries
Because these risk factors can increase the risk of Erb’s palsy, doctors must monitor these conditions and respond appropriately. Failure to do so can result in a preventable injury to the infant.
How Do I Know if My Child Has a Valid Erb’s Palsy Malpractice Case in New York?
Determining if your child’s Erb’s palsy resulted from medical malpractice can require a comprehensive analysis of medical records, delivery standards, and expert review. As such, a parent must fulfill the burden of proof that the medical provider failed to meet the accepted standard of care that any reasonable provider in the same situation would have executed. As such, this failure directly caused the injury.
Legal Elements of a Malpractice Claim
- A doctor-patient relationship existed
- The provider owed you a duty of care to adhere to accepted medical standards
- The provider breached that duty through negligence or inaction
- The breach directly resulted in brachial plexus injury to the infant
- The child suffered damages like medical costs, therapy, or long-term disability
How Long Do I Have to Pursue a Medical Malpractice Claim in New York?
Under New York law, victims of medical malpractice will only have 2.5 years from the date of their accident to sue the party responsible for their injuries. Waiting longer than 2.5 years will result in you losing your right to pursue damages.
Because birth injury claims often involve complex medical review, it’s in your best interest to connect with an experienced medical malpractice attorney as soon as possible to discuss your legal options.
Contact Our Experienced New York City Firm
If you believe your child has suffered as a result of a negligent doctor or medical provider, it is imperative to connect with Mark Bodner, P.C. Our firm is committed to helping families recover the justice and compensation they deserve when negligent healthcare providers fail to act with the care they are entrusted with. Contact our team today to learn how we can represent you during these difficult times.