If you are like most parents, you waited patiently for nine months to hold your new bundle of joy. As you were imagining what life would be like after the baby arrived, you probably did not factor in having to deal with numerous doctor's appointments, physical therapy, or any type of long term injury. Unfortunately, if your child has suffered from a birth injury and been left with Erb's Palsy, that is probably what you are facing. Was this condition caused by a normal birthing injury, or was it a result of medical malpractice? You may have to consult a birth injury lawyer before you know the answer to this question.

What Causes Birth Injuries?

 A difficult time during labor and delivery can be hard on both the mother and the baby. These birthing difficulties precede birthing injuries and can often be contributed to one or more of the following factors.

• Your baby's size - Large babies whose weight exceeds the average newborn weight of 7.5 pounds often have difficulty in the birthing canal, which may require your medical team to have to intervene during labor and delivery. On the other hand, premature babies are often more fragile and can be easily injured during the birthing process.
• The size and shape of your pelvis - Not every woman's body was designed to be able to deliver vaginally. Some women suffer from cephalopelvic disproportion, which will often cause your baby to have difficulty in the birthing canal.
• Prolonged labor - Although the length of labor can vary from one pregnancy to another, when labor has been going on for an extended period of time, it can take a toll on both you and your baby. Once fatigue sets in, you may have difficulty pushing your baby through the birth canal.
• Abnormal birthing presentation - If your baby is not properly positioned for delivery, this will place them at a higher risk of being injured.

Due to these conditions, as well as many others, approximately 28,000 babies are born each year with a birth injury. While some of these injuries are temporary conditions that resolve on their own in the first few days, weeks, or months of a child's life, other conditions such as Erb's Palsy can be a more serious condition.

What Is Erb's Palsy?

Erb's Palsy may also be called by several other names, including Brachial Plexus Palsy. This birth injury is caused by damage to the nerves that control your baby's muscles in their arms or shoulders. This is most commonly caused by shoulder dystocia during a difficult birth. One of the first indications that your child is affected by this is if they are unable to move the affected arm or shoulder. It may appear that the arm is paralyzed. There are three types of this injury that are usually seen in babies. They are:

Neuropraxia - means that the nerves within the brachial plexus network has been stretched but are not torn. Your child will usually be able to fully recover from this over time.

Rupture - means the nerve is torn, but is not torn at the point of connection on the spine. This may heal on its own, or it may require surgery. The severity of the tear will often dictate your child's ability to recover and any residual affects of the injury.

Avulsion - this is the most severe form of Erb's Palsy. The nerve is ripped away from your child's spine, and as a result of this, your child will probably have a permanent disability from the injury.

There is another form of the condition called neuroma, but this is only seen in patient's who have built up scar tissue as a result of their nerve being torn. This form is not seen in newborns.

Could Your Child's Erb's Palsy Been Avoided?

This is probably the primary question that you have, and one that you will discuss with your birth injury attorney prior to proceeding with a personal injury case. While this may not be a yes or no answer, there are a few things that will have to be considered. 

• Could your doctor have done a better job of estimating your baby's weight while you were pregnant?
• Would you have been a better candidate for a cesarean (c-section) due to risk factors you presented during your pregnancy?
• Did your doctor use excessive force on your baby during delivery?
• Did your medical team fail to use proper techniques during delivery to protect your baby?
• Did your medical professionals react appropriately when problems presented themselves during the birth?

Not every case of Erb's palsy is medical malpractice, but a number of them are. A birth injury attorney will provide a full evaluation of your child's medical records. If they find that the injury could have been avoided, they will be able to secure benefits that will help you provide your child with the care they will need, as well as compensate them for what could be a lifelong injury.

For more information, contact a local law firm like Snyder & Wenner Attorneys.