Childbirth should be a time of celebration, but when medical errors occur during delivery, families may face heartbreaking outcomes. One such complication is Erb’s palsy, a condition that affects a baby’s shoulder, arm, and hand movement due to injury of the brachial plexus—the network of nerves near the neck.
In many cases, Erb’s palsy and other brachial plexus injuries are preventable. When these conditions result from improper medical handling or negligence during delivery, families may have the right to pursue legal action with the help of an Erbs palsy attorney, birth injury lawyer, or birth injury medical malpractice lawyer.
This article explores how these injuries occur, the challenges families face, and the legal steps available to hold negligent providers accountable in Tucson, AZ.
Understanding Erb’s Palsy and Brachial Plexus Injuries
The brachial plexus is a bundle of nerves that sends signals from the spinal cord to the shoulder, arm, and hand. During a difficult or complicated delivery, these nerves can stretch, tear, or even detach from the spinal cord, resulting in partial or complete paralysis of the affected arm.
Erb’s palsy specifically affects the upper portion of the brachial plexus, often causing weakness or immobility in the shoulder and upper arm. Depending on the severity, the condition may be temporary or permanent.
Common symptoms include:
• Weakness in the affected arm
• Limited range of motion
• Numbness or loss of sensation
• Arm bent at the elbow and held against the body
• Lack of grip strength
While some infants recover through physical therapy, others may require surgery or lifelong care to manage the condition.
How Medical Negligence Can Cause Erb’s Palsy
Erb’s palsy most often occurs during a complicated delivery, especially when doctors fail to manage shoulder dystocia—a situation where the baby’s shoulder becomes stuck behind the mother’s pelvic bone during birth.
Some common medical errors that can lead to Erb’s palsy or brachial plexus injuries include:
• Excessive force during delivery: Pulling too hard on the baby’s head, neck, or shoulders with hands or delivery instruments (like forceps or vacuum extractors).
• Failure to recognize and manage shoulder dystocia: Not taking proper steps to reposition the mother or baby to relieve shoulder pressure.
• Improper use of delivery tools: Incorrect application or excessive suction with vacuum devices.
• Failure to monitor fetal distress: Not identifying signs of distress that may require a timely cesarean section.
• Delayed C-section: Waiting too long to perform a C-section when vaginal delivery presents clear risks.
When these errors occur, they may constitute medical malpractice, as the healthcare provider failed to meet the accepted standard of care.
The Emotional and Financial Impact on Families
A diagnosis of Erb’s palsy can be emotionally and financially overwhelming for parents. Beyond the physical limitations their child faces, families often must navigate years of medical treatment, therapy, and uncertainty about their child’s future abilities.
Long-term costs may include:
• Physical and occupational therapy sessions
• Corrective or reconstructive surgeries
• Assistive devices to support mobility
• Ongoing medical evaluations
• Counseling and psychological support for the family
For many families in Tucson, these expenses can quickly accumulate, creating financial strain in addition to emotional distress. Pursuing a malpractice claim can help recover compensation for these costs and provide resources for ongoing care.
Legal Rights and Options for Families
When a birth injury like Erb’s palsy occurs due to medical negligence, parents have the right to seek justice and financial compensation through a medical malpractice claim.
To build a strong case, an attorney must prove the following key elements:
1. Duty of Care: The healthcare provider owed a professional obligation to follow accepted medical practices during labor and delivery.
2. Breach of Duty: The provider failed to meet that standard of care through negligent actions or inaction.
3. Causation: The provider’s negligence directly caused the baby’s injury.
4. Damages: The injury resulted in measurable harm, including medical costs, long-term care needs, and emotional suffering.
A birth injury lawyer or Erbs palsy attorney can help gather evidence, consult medical professionals, and evaluate hospital records to determine exactly how and why the injury occurred.
Working with a reliable and trusted lawyer ensures that families understand their options and receive proper guidance throughout the legal process.
Time Limits for Filing a Claim in Arizona
Like all states, Arizona has a statute of limitations for medical malpractice cases, which limits how long victims have to file a lawsuit. In most cases, claims must be filed within two years of discovering the injury.
However, when the injury involves a minor child, the timeline can be extended. Since birth injuries may not become fully apparent until a child grows older, courts may allow more time for parents to file a claim once the extent of the damage is known.
Because these timelines can vary, it’s essential for families to consult a qualified attorney as soon as possible. Doing so helps preserve evidence, secure witness testimony, and meet all legal deadlines.
Proving Medical Negligence in Birth Injury Cases
Establishing negligence in an Erb’s palsy case often requires collaboration between medical and legal professionals. Attorneys work closely with pediatric neurologists, obstetricians, and other medical experts to determine whether the provider’s actions deviated from accepted medical standards.
Important forms of evidence include:
• Delivery and prenatal care records
• Hospital protocols for managing shoulder dystocia
• Witness statements from medical staff
• Photographs or video recordings of delivery (if available)
• Expert testimony from medical professionals
By carefully analyzing this information, attorneys can demonstrate how preventable the injury was and who should be held accountable.
Moving Forward After an Erb’s Palsy Diagnosis
For many families, legal action is not just about financial recovery—it’s about accountability and awareness. Filing a malpractice claim helps ensure that similar mistakes are prevented in the future, promoting safer delivery practices for all patients.
Raising a child with Erb’s palsy comes with challenges, but it also comes with hope. With proper medical care, rehabilitation, and legal support, families can focus on providing the best possible future for their child.
For Tucson parents seeking answers after a preventable birth injury, consulting with a reliable and trusted lawyer can provide clarity and direction during an uncertain time.
