Erb’s Palsy Due to Medical Malpractice

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While most babies are born without any complications, unfortunately there are times when complications occur, leading to birth injuries. Some birth injuries are unpreventable, while other birth injuries could be entirely avoided with proper care. Some birth injuries are minor, causing no lasting problems, while others are permanent and will affect the lives of the newborn and their family forever. When a birth injury occurs and could have been completely prevented, this is considered to be negligence. One example of a complication that can sometimes be avoided is Erb’s palsy. 

 

Erb’s Palsy Explained

 

Erb’s palsy is a type of brachial plexus injury. This type of injury typically causes weakness, loss of movement, and sometimes paralysis in one arm. The injury occurs during childbirth. For some infants, the condition improves and can completely resolve, while for other newborns, the condition may be permanent, leading to lifelong impairment. 

 

Brachial Plexus Injuries Explained 

 

There are many different types of brachial plexus injuries. As mentioned above, Erb’s palsy is a type of brachial plexus injury. The brachial plexus is a bundle of nerves that extend from the spine through the neck and shoulders. During childbirth, sometimes trauma occurs, damaging one or more of the nerves. Brachial plexus injuries can cause great impairment, including loss of sensation, movement, weakness, and sometimes physical deformity. There are four types of brachial plexus injuries, which include the following:

 

  • Avulsion injuries – A brachial plexus injury is considered to be an avulsion injury when there is complete separation of the nerve from the spinal cord. This injury is often permanent
  • Rupture injuries – The nerve has been torn or damaged, but not completely separated. Often surgery is required for repair
  • Neuropraxia injuries – Stretching or tearing of the nerve. This is often considered the most mild type of brachial plexus injury
  • Neuroma injury – This injury occurs due to a nerve being damaged, ripped or torn beyond the myelin, causing scar tissue build up. Surgery is sometimes required

 

Signs and Symptoms of Erb’s Palsy Injury

 

If your newborn is exhibiting any of the following signs or symptoms, they may have sustained an Erb’s palsy injury:

 

  • The newborn may not move his or her arm or shoulder
  • The newborn appears to be in pain when the arm, shoulder or neck is touched
  • The newborn appears to have an odd positioning of the arm (i.e. bent towards their body)
  • On assessment by a nurse or doctor, there are absent or weak arm reflexes

 

Erb’s Palsy Due to Medical Malpractice Explained

 

While it is important to note that not all cases of era’s palsy are due to medical malpractice, there are some newborns who are needlessly injured due to a healthcare provider’s error. Children with Erb’s palsy may require physical therapy, surgery, or may not regain full function in spite of these interventions. Medical bills can be costly to care for the needs of a child with Erb’s palsy. Examples of medical malpractice related causes include the following:

 

  • Use of excessive force during delivery
  • Improper or unnecessary use extraction tools during delivery (i.e. forceps or vacuum extractor)
  • Failing to perform a c-section when needed during delivery, or failing to schedule a c-section if a vaginal delivery is unsafe 
  • Failing to identify prior to delivery that the baby is too large for the birth canal
  • Cephalopelvic disproportion

 

Get Help If You Think Your Child is a Victim of Erb’s Palsy Due to Medical Malpractice

 

If you or a loved one have been seriously injured or killed as a result of medical malpractice contact the Oregon Medical Malpractice Lawyers at Kuhlman Law at our number below or fill out the intake form.  We offer a free initial case evaluation and handle cases on a contingency fee which means that you pay no money unless we recover.

 

Our law firm handles cases throughout the state including Bend and Portland Oregon, Redmond, Central Oregon, Sisters, Madras, Multnomah County, Deschutes County, Salem, Eugene, Corvallis, Lane County, Medford, Gresham, La Grande, Albany, Medford, Beaverton, Umatilla, Pendleton,  Cottage Grove, Florence, Oregon City, Springfield, Keizer, Grants Pass, McMinnville, Tualatin, West Linn, Forest Grove, Wilsonville, Newberg, Roseburg, Lake Oswego, Klamath Falls, Happy Valley, Tigard, Ashland, Milwakie, Coos Bay, The Dalles,  St. Helens, Sherwood, Central Point, Canby, Troutdale, Hermiston, Silverton, Hood River, Newport, Prineville, Astoria, Tillamook, Lincoln City, Hillsboro, and Vancouver, Washington.

 

We also have an office in Minneapolis, Minnesota and take medical malpractice cases throughout the Twin Cities, including St. Paul, Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Scott County, Blaine, Stillwater, and Saint Paul Minnesota.

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