Medical Malpractice Resulting in Erb’s Palsy

While the birth of a baby is a joyous event, if complications arise it can overshadow the joyous moment that is occurring. This is especially true if the complications that arise harm the newborn. There are many different types of complications that can occur resulting in harm to the newborn and are typically referred to as birth injuries. Some birth injuries may be minor, while others are considered to be serious and catastrophic. Sadly, some babies may suffer with birth injuries for the rest of their lives.  This is one type of serious birth injury from medical malpractice resulting in Erb’s Palsy

What is Erb’s Palsy?

Erb’s palsy is a type of brachial plexus injury. Brachial plexus injuries occur when a nerve or nerves in the brachial plexus (nerves running between the neck and shoulders that control the shoulders, arms, chest and hand muscles) are damaged. Erb’s palsy is a type of brachial plexus injury. Erb’s palsy injuries are actually categorized into four different types, which include the following:

Rupture Injuries – This type of Erb’s Palsy injury occurs when the nerve is torn or damaged but has not pulled away from the spinal cord. This type of injury is quite severe and may be temporary or permanent. Often, surgical intervention is required.

Neuroma Injuries – This type of injury occurs when there is mild damage or tearing to a nerve beyond the myelin. This causes scar tissue to build up, putting pressure on the nerve

Avulsion Injuries – This is often considered to be the worst type of Erb’s palsy injury as the injury is often always permanent. This is caused by a complete separation of the nerve from the spinal cord and alters movement, sensation, strength and function

Neuropraxia Injuries – This is the most mild form of Erb’s palsy injury and occurs when the myelin covering the nerves is damaged, causing an alteration in strength, sensitivity and function

Medical Malpractice Related Causes of Erb’s Palsy

There are many ways that Erb’s palsy can be caused by an error made during the labor and delivery of a baby. Babies with nerve palsy may suffer a lifetime of pain and alteration in function due to the negligence of a healthcare provider. Medical malpractice related causes of Erb’s palsy include the following:

• Failure to schedule a c-section if indicated (i.e. if the baby is too large for a vaginal birth)
• Failure to recognize cephalopelvic disproportion prior to delivery
• Use of excessive force during delivery
• Twisting or turning the baby abnormally during the delivery 
• Inappropriate use of assisted labor devices (i.e. forceps or vacuum extractor)
• Failure to properly dislodge an infant that has become trapped in the birth canal

These are just a few of the many medical malpractice related reasons of Erb’s palsy. It is always a good idea to speak with an experienced Erb’s palsy attorney who can review your case to see if your child’s Erb’s palsy was preventable. 

Compensation for Erb’s Palsy

Victims who suffer from the complications of Erb’s Palsy may be entitled to compensation under Oregon law and Minnesota law.  This includes compensation to both the baby and the parents who may have emotional harm from the incident.  There are many causes of Erb’s Palsy, and anytime a physician or healthcare provider causes them, victims may be entitled to any compensation that is proximately caused by that misconduct.

Some of the most common forms of compensation for a baby harmed by Erb’s Palsy include the following:

• Past pain and suffering
• Future pain and suffering
• Need for surgery
• Medical bills
• Nursing care, now and in the future
• Prosthetics
• Decreased ability to work in the future
• Lost income or ability to earn money in the future
• Loss of enjoyment of life
• Loss of consortium with parents, siblings, and other family members (i.e., not able to be with loved ones, and
• Other forms of compensation that are related to the medical malpractice resulting in Erb’s Palsy.  

Parents may also be entitled to compensation for Erb’s Palsy, which include the following:

• Emotional pain and suffering
• Medical bills
• Lost wages from trauma, appointments, or caring for a baby
• Loss of consortium with a baby, including the love and affection normally felt from caring for a baby that may have to be in the NICU or undergo surgery
• Costs of medical bills for nursing care or assisted care for the baby
• Inconvenience and costs for traveling to treatment and taking time from work
• Medical supplies and assistance devices
• Prosthetics costs, and
• Many other damaged related to a baby’s medical needs.

Did Your Loved One Suffer From Erb’s Palsy?  Call Us Today

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.