Signs of Erb’s palsy in infants include a poor grip strength, holding the arm close to the body, and absent reflexes. The infant may also struggle to move the affected hand. One of the things that could go wrong in childbirth due to a medical provider’s negligent action is an injured infant, as is the case with Erb’s palsy. You may be entitled to compensation if your infant has suffered Erb’s palsy because of medical malpractice or negligence.
Medical malpractice lawyers at Ankin Law have a demonstrated record of helping parents of children with birth injuries caused by medical negligence receive compensation. Call us at 312-600-0000 for a free case review.
What Is Erb’s Palsy?
Erb’s palsy, also known as Erb-Duchenne, is an injury that damages the brachial plexus nerves. These are a group of five nerves connecting the spine to the arm and hand. When functioning properly, these nerves allow your hands, shoulders, and arms to feel and move.
These nerves can start to malfunction when torn or stretched. The medical term for this condition is brachial plexus palsy. There are multiple types of brachial plexus palsy, with Erb’s palsy being the most common.
This type of injury causes muscle weakness in the shoulder or arm. It is most common during childbirth, though it can affect even adults. Erb’s palsy can impact movement or cause paralysis. Luckily, many infants who suffer from Erb’s palsy can recover on their own.
What Are the Signs and Symptoms of Erb’s Palsy in Infants?
Because kids are unable to communicate, most of Erb’s palsy symptoms are noticed by medics or parents. These symptoms include:
Partial or Total Shoulder Paralysis
The primary symptom of this condition is a lack of movement in the affected shoulder or upper arm. When a physical exam is conducted, it shows partial or total paralysis in the following zones:
- The Deltoid: The deltoid is a thick triangular muscle covering the shoulder joint. This muscle is used to raise the arm away from the body.
- The Bicep: Biceps are strong muscles at the front of the upper arm between the elbow and the shoulder.
- Brachialis Muscles: These are the primary flexors of the forearm at the elbow joint.
Other symptoms include the child holding their arm close to his or her body, a decreased grip, and absent or reduced reflexes. An infant can also limit his or her body functions to one side of the body.
How to Diagnose Erb’s Palsy
Erb’s palsy in children is primarily diagnosed through a physical examination. Your healthcare provider can follow it up with an electromyography (EMG). This test measures how well the muscles and nerves function.
Imaging tests can also be conducted. These tests take photographs to see what’s happening inside the body. Your health provider can order a CT, MRI, X-ray, or myelogram.
After diagnosis, your medical provider will recommend a treatment plan depending on the severity of the injury. In some instances, the problem resolves itself in three to four months.
In most cases, however, the doctor will recommend a range of motion exercises you can have the baby do at home. These are aimed at preventing muscle stiffness. In more severe cases, a splint can be placed on the hand to prevent it from curling inwards. If the palsy doesn’t resolve in 6 months, your doctor can suggest surgical repair of the muscles or nerves.
What Causes Erb’s Palsy?
Adults can get Erb’s palsy from traffic accidents, especially those involving motorcycles. Other causes include knife and gunshot wounds, contact sports injuries, surgical complications, and industrial accidents.
Infants develop Erb’s palsy during birth. While mild oxygen deprivation at birth can cause lasting effects, poor handling of the birth process can cause Erb’s palsy.
The birth process can get complicated pretty quickly. The doctor might need to maneuver the baby’s head to get its shoulders out in some instances. This can stretch or tear the nerves that run from the neck to the shoulder. While Erb’s palsy can manifest in any child, medical professionals should pay attention to risk factors.
The most common risk factors for Erb’s palsy include:
- A baby with a high birth weight
- A baby presents in the breech, leading to the shoulders getting stuck in the birth canal.
- Prolonged labor
- A large baby during birth whose mother has a narrow pelvis
- A previous pregnancy with shoulder dystocia
- Being pregnant with multiple babies
In most of these instances, medical professionals must do manual maneuvering to get the baby out. Often, these maneuvers will be done with no harm to the baby.
However, if the interventions are undertaken incorrectly or with too much force, the nerves of the brachial plexus can get damaged. This damage cuts off the signals between the brain, spinal cord, and muscles. As a result, motor and sensory information is cut off, bringing forth the signs of Erb’s palsy in infants.
In this case, you are suing for a birth injury, not a birth defect. The difference between a birth injury and a birth defect is that birth injuries are often caused by trauma during the birth process. On the other hand, birth defects occur during the duration of pregnancy when the baby is developing in its mother’s womb.
Legal Rights after Erb’s Palsy Diagnosis
When your child’s Erb’s palsy results from medical malpractice or negligence, you may have a valid Erb’s palsy medical malpractice suit.
Preventative measures taken by the healthcare team include gently delivering an infant in tandem with the mother’s contractions and performing a necessary C-Section. They also include correctly and promptly responding to signs of fetal distress. The medical provider should detect, address, and manage risk factors like breech presentation. The provider should also utilize delivery tools like forceps and vacuum extractors safely and effectively.
You shouldn’t have to shoulder the weight of an avoidable birth injury alone if your doctor was negligent. Suing the liable doctor or hospital will help you obtain compensation to cater to your child’s treatment and can help prevent a similar case from happening to other parents.
An experienced Erb’s palsy lawyer in Chicago can review your case and determine whether your child’s Erb’s palsy meets the threshold of a medical malpractice suit. If it does, the lawyer can help ascertain whether to sue the hospital you had your child in or the doctor who oversaw the birth process.
Your lawyer will also advise you on the legal process to follow and compute damages. Compensation can help your family cover medical costs, out-of-pocket costs relating to your child’s treatment, and physical and occupational therapy expenses. You can also seek damages for mental anguish, emotional distress or pain and suffering, and lost wages when you or a family member has to quit work to care for the injured child.
What you get as compensation differs per case depending on the severity of injuries, the financial impact, and the duration and degree of the pain and suffering. In 2022, Illinois saw $222 million in medical malpractice payouts.
Statute of Limitations
A statute of limitations speaks to the duration of time within which you can file a suit. If this window passes, you become time-barred, meaning you cannot file a suit. If you do, the court will most likely throw out your suit.
In Illinois, the statute of limitations on medical malpractice is two years from when you discover the malpractice. However, birth injury cases typically have an eight-year statute of limitations. For Erb’s palsy, the clock starts ticking the day you realize your child suffered an injury or when the child gets officially diagnosed with Erb’s palsy.
Filing a Suit
Wondering, “How do I know if I have a medical malpractice case?” Four elements must exist for you to have a valid medical malpractice case:
- Duty of care: The medical provider owed you a duty of care. The provider agreed to treat and help you with the delivery process. You can demonstrate the existence of this duty through medical records like hospital admission forms.
- Breach of Duty: The hospital or medical practitioners attending to you breached the expected duty. They did or failed to do something, and this action or inaction fell below set healthcare standards.
- This breach of duty was harmful to you or your baby
- You suffered quantifiable damages. These damages include loss of income, medical expenses, and physical and emotional pain and suffering.
Once you bring a medical malpractice attorney on board, the attorney will ask questions to establish if you have grounds to sue. If so, the attorney will take on most other processes required to seek compensation.
At Ankin Law, we will passionately pursue your malpractice suit and ensure you get justice for your precious little one. We understand that you would rather leave your case in capable hands and focus on nursing and loving your baby back to health. Our seasoned lawyers will let you do just that. Contact us today at 312-600-0000.