Shoulder dystocia and Erb’s Palsy are serious birth injuries that can occur during childbirth, often leading to lifelong physical challenges for the infant. Shoulder dystocia happens when one or both of the baby’s shoulders become stuck behind the mother’s pubic bone, making it difficult for the baby to be delivered. This complication can put pressure on the brachial plexus nerves, which control movement and sensation in the arms and hands.
If these nerves are injured, it can lead to Erb’s Palsy, a condition that results in weakness or paralysis in the affected arm. Legal claims may arise if the injury is linked to medical malpractice or improper delivery practices. Below are some frequently asked questions that help explain these birth injuries and the potential for legal claims.
If your child has suffered a birth injury, call Shapiro, Washburn & Sharp today at 833-997-1774 for a free consultation with a birth injury lawyer to discuss your case and explore your legal options.
What Is Shoulder Dystocia and How Does It Affect the Baby?
Shoulder dystocia is a childbirth complication where one or both of the baby’s shoulders become lodged behind the mother’s pubic bone, preventing the baby from being delivered easily. This situation can cause compression of the baby’s nerves, particularly the brachial plexus, which may lead to Erb’s Palsy. The condition puts the baby at risk for permanent nerve damage, which can result in weakness, loss of sensation, or paralysis in the affected arm. Prompt and correct medical intervention is critical to reducing the risk of such injuries during delivery.
How Is Erb’s Palsy Related to Shoulder Dystocia?
Erb’s Palsy is a type of brachial plexus injury that commonly occurs when there is excessive pressure or pulling on the baby’s shoulders during delivery, especially in cases of shoulder dystocia. The condition specifically affects the upper part of the brachial plexus, which controls movement and sensation in the shoulder, arm, and hand. The pulling or force used to assist in the delivery when the baby’s shoulder is stuck can stretch or tear the nerves, leading to Erb’s Palsy. In mild cases, the baby may recover with physical therapy, but in severe cases, the child may experience permanent arm weakness or paralysis.
What Are the Common Causes of Shoulder Dystocia and Erb’s Palsy?
Several factors can contribute to shoulder dystocia and, by extension, Erb’s Palsy. Common risk factors include:
Fetal Macrosomia
When the baby is unusually large, it increases the risk of shoulder dystocia, as larger babies may have difficulty passing through the birth canal.
Maternal Diabetes
Babies born to mothers with diabetes may be larger and thus at greater risk for shoulder dystocia.
Previous History of Shoulder Dystocia
If a mother has had a previous delivery with shoulder dystocia, there is an increased chance it could happen again.
Prolonged Labor
Extended labor can increase the likelihood of shoulder dystocia, especially if the baby is not descending into the birth canal as expected.
Understanding these risk factors can help healthcare providers anticipate complications and take preventive measures during delivery.
Can I File a Lawsuit for Shoulder Dystocia or Erb’s Palsy?
If your baby suffers from shoulder dystocia or Erb’s Palsy due to medical negligence, you may have grounds to file a lawsuit. Legal claims often arise when a healthcare provider fails to anticipate or manage the risks of shoulder dystocia properly. For example, a physician might be negligent if they don’t recognize risk factors like a large baby or if they use excessive force during delivery. In such cases, the injured party—typically the parents—may seek compensation for medical expenses, long-term therapy costs, and other damages related to the child’s ongoing care. A legal expert specializing in birth injury cases can help assess whether malpractice occurred and guide you through the process of filing a claim.
Why Choose Shapiro, Washburn & Sharp?
At Shapiro, Washburn & Sharp, we have decades of experience representing clients in birth injury cases. As a trusted personal injury law firm, we are committed to holding negligent doctors and healthcare providers accountable for their actions. We represent our clients on a contingency-fee basis, meaning you won’t pay any legal fees unless we win your case.
If you believe negligence caused injury to your child, acting quickly is crucial. Birth injury claims have strict time limits, and waiting too long can prevent you from seeking the compensation you deserve. Contact our office today at 833-997-1774 for a free consultation. We are ready to help you understand your legal options and ensure that your rights are protected.