Erb’s Palsy is a medical condition that develops during childbirth and is characterized by weakness or paralysis in the shoulder, arm, and elbow. It is often associated with difficult childbirth circumstances. However, in certain cases, Erb’s Palsy can be the result of medical negligence.
This article explores the causes, effects, and symptoms of Erb’s Palsy, and the various types of brachial plexus injuries. It also sheds light on the legal implications related to medical malpractice in Erb’s Palsy cases, and the pursuit of rightful medical malpractice compensation for affected families.
Understanding Erb’s Palsy: A Comprehensive Overview
Erb’s Palsy, also known as Erb-Duchenne paralysis, is a severe nerve injury causing paralysis in the shoulder and arm. This condition primarily results from damage to the brachial plexus, a network of nerves connecting the spine to the arm and hand.
As the prevalent form of Brachial Plexus Palsy, Erb’s Palsy targets the upper nerves of the plexus, resulting in partial or complete muscle function loss—commonly termed palsy.
This intricate network, essential for arm functionality, becomes compromised, impacting the affected individual’s lifelong mobility and often imposing disabilities and financial strain on both them and their families.
The Types of Injuries Associated With Erb’s Palsy
Erb’s Palsy includes various types of brachial plexus injuries, each with distinct characteristics:
- Neurapraxia: The most common type of injury involves nerve stretching without tearing, typically healing within three months without intervention.
- Neuroma: Damaging nerve fibres during a stretch injury can lead to scar tissue formation, resulting in a neuroma. While some recovery is possible, it is usually incomplete.
- Rupture: A stretch injury causing the nerve to rupture requires intervention, such as splicing the damaged nerve with a graft from another part of the child’s body.
- Avulsion: The most severe form involves nerve detachment from the spinal cord, posing significant challenges for treatment and recovery.
The Symptoms of Erb’s Palsy
The symptoms of Erb’s Palsy can vary depending on the type and severity of the condition. The most common symptoms include the following:
- Numbness or tingling: Some individuals may experience numbness or tingling in the affected arm or hand.
- Weakness or paralysis: The affected arm may be weak or completely paralyzed. The extent of weakness depends on the severity of the nerve injury.
- Lack of muscle control: Children with Erb’s Palsy may have difficulty controlling the muscles in the affected arm, leading to limited movement.
- Claw-like hand: The hand may appear to be clawed due to the imbalance of muscle control.
- Arm held at the side: The affected arm may be held against the body, with the elbow bent and the forearm rotated inward.
- Lack of reflexes: Reflexes such as the Moro reflex (startle reflex) may be diminished or absent in the affected arm.
- Limited range of motion: Children with Erb’s Palsy may have difficulty moving the affected arm through its full range of motion.
The Implications of Erb’s Palsy
Erb’s Palsy, resulting from childbirth-related nerve damage, carries wide-ranging implications spanning physical, emotional, and financial aspects. This condensed exploration outlines the key challenges that families face when confronted with this birth injury.
- Motor function impairment: Weakness or paralysis in the affected arm limits movement and functionality.
- Muscle atrophy: Lack of arm use can cause muscle wasting, thus worsening weakness.
- Functional limitations: Activities requiring both arms become challenging without assistance.
- Developmental delays: Children may experience motor development delays, thus affecting overall physical growth.
- Emotional impact: Coping with the disability can evoke frustration, sadness, or anger.
- Social challenges: Self-esteem, acceptance, and peer relationships may suffer.
- Financial strain: Treatment costs, lost wages, and expenses for assistive devices pose significant burdens.
- Assistive devices: Expensive equipment like braces may be necessary, requiring periodic replacement.
- Lost income: Parents may lose wages due to caring for their child, affecting family finances.
- Long-term care needs: Severe cases may require ongoing support, potentially necessitating costly services or home modifications.
Management and Treatment
Recovery from Erb’s Palsy is typically observed within three to six months for most affected children. While nerve healing is a gradual process, it is achievable for many infants. In most cases, physical therapy is vital in stimulating healing and preventing permanent stiffness in the arm’s joints.
In more severe instances, surgical interventions may be necessary. Using a donor’s nerve, nerve grafts can restore feeling and movement in torn nerves. Surgeons may also opt for nerve transfers, redirecting nerves to restore function.
However, these surgical procedures are intricate, and restoring movement and sensation may take several months or even years to become evident.
Can Erb’s Palsy be prevented?
Preventing Erb’s Palsy involves identifying and mitigating risk factors associated with shoulder dystocia during childbirth. Some factors that increase the likelihood of this complication include the following:
- Previous instances of shoulder dystocia during delivery;
- Administration of labour-inducing drugs such as Pitocin or Syntocinon;
- Maternal diabetes;
- Larger-than-average birth weight (typically over 3.8 kilograms);
- Pelvic disproportion, where the mother’s pelvis is too small to accommodate the baby’s passage;
- Prolonged labour;
- Breech presentation of the baby;
- Incorrect positioning of the baby’s head during delivery.
Medical Negligence Leading to Brachial Plexus Injuries
Erb’s Palsy cases often find their roots in medical malpractice, where healthcare providers fail to meet the required standard of care. Parents may have a basis for a birth injury claim if the evidence supports that a doctor’s error resulted in the nerve injury leading to Erb’s Palsy. Such errors may involve:
- Sideways pulling of the baby’s head and neck during the birth canal exit;
- Excessive force applied to the baby’s feet in a feet-first (breech) delivery;
- Excessive force applied to the baby’s shoulders in a head-first delivery.
The Legal Implications of Erb’s Palsy-Related Malpractice
In cases where Erb’s Palsy is deemed preventable and attributed to medical negligence, affected families may pursue legal recourse. To build a successful malpractice claim, it is essential to establish several critical elements, including the following:
- The mother was under the care of the medical professional in question;
- The medical professionals involved committed acts of negligence;
- The negligence directly caused harm to the child;
- Incurred financial damages, encompassing medical expenses, loss of income, and pain and suffering, can be attributed to the injury.
Seeking Legal Assistance
Affected families should consult experienced medical malpractice lawyers to evaluate the viability of their claim and pursue justice for the harm caused. These legal professionals offer invaluable expertise and assistance in various aspects:
- Case building: Early collaboration allows birth injury lawyers to build a robust case foundation, collecting necessary evidence and documentation.
- Legal compliance: They are well-versed in federal and provincial laws and ensure that the lawsuit is filed within the stipulated time frame, which is critical in seeking medical malpractice compensation.
- Maximizing compensation: They can work to secure the maximum possible compensation for the family, addressing various costs related to the child’s treatment.
Pursue Medical Malpractice Compensation for Erb’s Palsy
Erb’s Palsy, often avoidable, results from nerve injuries during labour and delivery. While doctors must make critical decisions, they are obligated to adhere to medical care standards. A comprehensive investigation with expert reports and testimony is crucial to establish negligence and claim damages.
A proficient birth injury lawyer aids in navigating complex facts and technical medical details, ensuring the maximum compensation possible. Our team of birth injury lawyers at Sommers Roth & Elmaleh will strive to achieve the best possible outcome for you and ensure your child receives the necessary medical attention.
We can assist you in seeking compensation if the attending doctor, midwife, or nurse:
- Failed to use appropriate tools or force during delivery;
- Neglected to inform you about potential birth injury risks;
- Overlooked signs that could lead to Erb’s Palsy;
- Did not recommend a Cesarean section in case of anticipated delivery complications;
- Failed to take action to reposition the baby in case of obstruction.
For further guidance, call Sommers Roth & Elmaleh at 1-844-777-7372 for a complimentary case consultation, or contact us here.