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Erb's Palsy and Brachial Plexus Birth Injuries: Legal Guide

Erb's palsy and brachial plexus injuries often result from excessive force or improper techniques during delivery. Learn about your legal options.

Erb's Palsy and Brachial Plexus Birth Injuries: Legal Guide - California birth injury attorney legal information and medical malpractice claim guidance

Understanding Erb's Palsy

Erb's palsy is a type of brachial plexus injury affecting the nerves that control the shoulder, arm, and hand. It typically occurs when these nerves are stretched or torn during a difficult delivery, often due to shoulder dystocia (when the baby's shoulder becomes stuck).

Causes of Brachial Plexus Injuries

These injuries commonly result from:
  • Excessive pulling or twisting of the baby's head and neck during delivery
  • Shoulder dystocia not properly managed
  • Improper use of forceps or vacuum extractors
  • Failure to perform C-section for large babies or other risk factors
  • Inadequate response to prolonged labor

Types and Severity

Brachial plexus injuries range from mild to severe:
  • Neurapraxia: Nerve is stretched but not torn; usually heals within 3 months
  • Neuroma: Scar tissue forms on the nerve, causing partial recovery
  • Rupture: Nerve is torn and may require surgery
  • Avulsion: Nerve is torn from the spinal cord, the most severe type, often permanent

Treatment and Long-Term Effects

Treatment may include physical therapy, occupational therapy, and in severe cases, nerve surgery. While some children fully recover, others may have permanent weakness, limited range of motion, or complete paralysis of the affected arm. Lifetime care costs can be substantial.

Legal Options for Families

If your child suffered Erb's palsy or a brachial plexus injury due to medical negligence, you may be entitled to compensation for medical expenses, therapy costs, pain and suffering, and long-term disability. An experienced birth injury attorney can evaluate your case.

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Frequently Asked Questions

Can Erb's palsy be prevented?
Many cases can be prevented through proper prenatal care, accurate fetal weight estimation, timely C-section for high-risk deliveries, and proper management of shoulder dystocia using established maneuvers rather than excessive force.
What compensation is available for Erb's palsy cases?
Settlements typically range from $500,000 to $5 million or more, depending on severity and whether surgery is required. Permanent injuries with lasting disability result in higher compensation.

Get the Justice Your Child Deserves

Don't let medical negligence go unanswered. Contact our birth injury attorneys for a free case evaluation.

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