Erb's Palsy

When an infant is hurt during childbirth, the parents deserve to know what went wrong. A birth injury, such as Erb’s palsy, may have long-term consequences in terms of a child’s growth and development. If you believe that your child was harmed during delivery at a hospital in Prince George's County, Montgomery County, Baltimore City, Baltimore County, or the surrounding communities, you should consult with a birth injury attorney who can analyze the facts of your case and advise you accordingly. At Lebowitz & Mzhen, Personal Injury Lawyers, our team has over two decades of experience helping families assert their legal rights in the wake of tragic labor and delivery errors.

Erb’s palsy, also known as Erb-Duchenne palsy, is a form of brachial plexus injury typically occurring during childbirth. The brachial plexus is a network of nerves near the neck that controls the shoulder, arm, and hand muscles. When these nerves are damaged, it can result in weakness, loss of sensation, or paralysis in the affected arm.

Erb’s palsy usually occurs when there is excessive stretching or pulling of the baby’s head and neck during delivery, often in cases of difficult or prolonged labor. This can happen as a result of shoulder dystocia, which is when a baby’s shoulder gets lodged behind the mother’s pelvic bone during delivery. Erb’s palsy can also occur during a breech delivery, which happens when a baby is delivered feet-first. As a result of the baby’s orientation, there may be excessive pulling on the arms, which can result in an Erb’s palsy diagnosis. Finally, large birth weight babies are at higher risk because their size can complicate delivery.

Yes, the family of a child injured during the labor and delivery process can file a medical malpractice claim against a negligent healthcare provider and, if successful, will recover financial compensation. Broadly speaking, negligence refers to the failure to act reasonably competently. This can include carelessness, inattention to detail, or poor choices by a medical provider.

Birth injury cases, including Erb’s palsy lawsuits, are a type of medical malpractice lawsuit. In Maryland, medical malpractice claims typically require you to prove the following elements:

• Duty: the defendant health care provider was required to abide by the standard of care typically used in that specialty and geographic region for a patient in a similar situation.
• Breach: the health care provider deviated from the appropriate standard of care by acting negligently or failing to take precautions that should have been taken.
• Causation: the child was hurt as a direct result of the healthcare provider’s carelessness, and that harm was foreseeable.
• Damages: All reasonably quantifiable costs or losses incurred due to the child’s Erb’s palsy diagnosis.

Yes, Erb’s palsy is permanent, as it does not heal on its own and generally requires years of ongoing treatment and therapy. In many cases, a combination of treatments, such as exercise, therapy, and maybe even surgery, will be used. This type of care is extremely costly, which makes it even more important for families to ensure they recover the compensation they deserve for what they’ve been through.

Families with children suffering from Erb’s palsy may be able to pursue compensation for medical bills, therapy costs, pain and suffering, the costs of future treatment, and other types of damages. To determine your eligibility for various types of damages, it is important to speak to a qualified attorney who can assess the merits of your case.

At Lebowitz & Mzhen, Personal Injury Lawyers, our Baltimore medical malpractice lawyers are immediately available to meet with you to discuss your child’s case of Erb’s palsy. At Lebowitz & Mzhen, we’ve handled countless birth injury cases and know what it takes to ensure our clients and their cases are given the attention, respect, and compassion they deserve. We believe that healthcare providers should be held accountable when they cause unnecessary harm, and we will do everything possible to obtain justice on your family’s behalf. Our attorneys proudly serve people throughout Maryland and in Washington, D.C. To learn more about your legal rights and options, call us toll-free at 800-654-1949 or contact us online for a free consultation.