newborn baby

Erb’s Palsy: What Is It and How Can You Seek Legal Action for It?

Out of all the many things you will experience in your lifetime, nothing is more meaningful or life-changing than the birth of your child. After much preparation, you’re ready to welcome your newborn child into the world. This is the beginning of a new chapter wherein you’ll find greater meaning in your own humanity. If you’ve been carrying your child for a while now and are nearing the expected date of delivery, then chances are you’re familiarizing yourself with everything you need to know before, during, and after birth. 

Considering the stories that you’ve heard from your loved ones or read about online, there’s no doubt that there are all sorts of risk factors you need to prepare for. One potential complication that you should be aware of is Erb’s palsy.

What Is Erb’s Palsy?

Erb’s palsy is a complication that results from damage to the brachial plexus nerves. This condition is something that can severely affect the quality of life of your newborn later on. 

The brachial plexus nerves are located in the neck and are responsible for controlling the movement and sensation in the arms, shoulders, hands, and fingers. When these nerves are damaged, it may result in permanent weakness in these areas of the body. Unfortunately, this condition mainly affects newborns. Those with Erb’s palsy may not be able to move or feel sensation in their arms at all.

What Causes Erb’s Palsy?

In contrast to most childbirth complications, Erb’s palsy is something that can be traced directly to medical malpractice. This condition can be avoided if competent care is exhibited at all times during labor and delivery. 

Erb’s palsy affects roughly 1 out of 1,000 newborns. It occurs when a baby’s neck is stretched too far to one side as it is being pushed out of the mother’s birth canal. This mishandling occurs because of a lack of care exhibited by the attending physician. 

This type of stretching occurs because of the following: 

  • The baby’s head getting stuck during birth, which causes a doctor or nurse to pull and twist too much when trying to free it, leading to injury.
  • The doctor using a vacuum to aid the birth, but the force is too strong, causing injury.
  • The doctor neglecting or failing to order a cesarean section when vaginal birth has become untenable or unsafe.
  • The doctor using too much force when applying forceps to try and help the delivery along.

Because this is a condition that results in extreme force and medical malpractice, your newborn suffering from Erb’s palsy is grounds to pursue legal action against your attending doctor or nurse. This particular condition is why doctors and nurses are urged to follow strict procedures to ensure that no harm comes to mothers and newborns during childbirth.

How Can You Seek Action Against Erb’s Palsy?

If your child suffers from Erb’s Palsy, then suing the nurse, doctor, or establishment responsible for facilitating labor is almost always an appropriate course of action.

In the state of New York, the city’s courts are especially particular about assisting patients in pursuing legal action against negligent medical professionals. To help you file for restitution most effectively and productively, then it’s critical to seek justice by enlisting the services of a legal expert such as Ronemus & Vilensky’s Erb’s Palsy attorneys

Conclusion

Among the many complications your child can experience during and after birth, the risk of them being afflicted by Erb’s palsy is worrisome because of the physical implications. For this reason, it’s critical to seek legal action against those responsible. This guide will help you form the most realistic expectations over what you can do if your child ends up suffering from such a condition. 

Ronemus & Vilensky’s team of Erb’s palsy attorneys in New York City specialize in helping victims of medical malpractice get what is due to them. If you or a loved one has experienced drastic brain damage or other conditions at the hands of a medical professional, get in touch with us today so we can help you out!