Erb’s Palsy and Medical Malpractice: Could It Have Been Prevented?

What Is Erb’s Palsy and How Does It Occur? 

Erb’s palsy is an injury that involves damage to the network of nerves in the neck, known as the brachial plexus. Most often, it happens during childbirth, especially in cases of shoulder dystocia, where the baby’s shoulder gets stuck behind the mother’s pubic bone during delivery.  

When shoulder dystocia arises during labor, the provider must act quickly. Standard techniques, such as the McRoberts maneuver—repositioning the mother’s legs to widen the pelvis—are designed to relieve the obstruction safely. If the provider instead applies excessive force, uses improper traction or delays appropriate maneuvers, the baby’s brachial plexus nerves can be stretched or torn, leading to partial or complete loss of arm function. 

While some children recover with physical therapy or surgery, others can face long-term impairments, including abnormal joint movement, impaired bone growth, muscle atrophy and limb length differences. These issues not only impact a child’s mobility but can also affect their confidence and self-esteem.  

When Is Erb’s Palsy Considered Preventable? 

Parents may suspect that a birth injury could have been preventable, or that the standard of care was breached, by looking for certain red flags during labor, delivery or immediately afterward. These include: 

• Unaddressed risk factors: If doctors knew or should have known about risk factors like fetal macrosomia (large baby), maternal diabetes or a history of shoulder dystocia but did not plan accordingly, especially by not recommending a cesarean delivery, this may indicate negligence. 

• Emergency or rushed delivery decisions: A sudden shift to forceps, vacuum extraction or an emergency C-section may suggest that warning signs were not recognized early enough. 

• Excessive force during delivery: If a baby suffers nerve damage (such as Erb’s palsy) and the delivery involved visible tugging or pulling, especially on the baby’s head or arms, it may point to improper technique. 

• Delayed response to fetal distress: If fetal heart monitoring showed signs of distress and doctors did not act quickly, that delay might constitute a breach of the standard of care. 

• Lack of communication or unexplained complications: When parents feel they weren’t informed about complications or the hospital cannot clearly explain what went wrong, it may warrant a legal or medical review. 

Proving Medical Negligence in an Erb’s Palsy Case 

Medical malpractice claims are based on the concept of a “standard of care.” This term refers to the level and type of care a reasonably competent healthcare provider would have provided under similar circumstances.  

If a provider fails to meet this standard and a patient is harmed, they may be held legally responsible. In cases involving Erb’s palsy and other birth injuries, the plaintiff and their attorney must establish four legal elements to prove negligence:  

1. Duty of care. A provider-patient relationship existed, and that provider had a duty to provide the standard of care for the patient. 
2. Breach of duty. The provider failed to meet the standard of care, such as by using improper delivery techniques, delaying necessary interventions, or failing to monitor the mother and child.  
3. Causation. A breach in the accepted standard of care directly caused the child’s injury.  
4. Damages. The child’s injury led to measurable damages, like long-term medical costs, physical therapy, or loss of function.  

Our attorneys at Rheingold Giuffra Ruffo Plotkin & Hellman LLP conduct a thorough investigation into the facts of each case, reviewing medical records and delivery procedures in detail. We obtain complete copies of all relevant documentation, including fetal monitoring strips, labor notes and operative reports.  

This evidence is crucial to determine whether indicators of distress were properly recognized and addressed. We also collaborate with qualified medical professionals to evaluate whether the standard of care was breached and to demonstrate how those actions or omissions led to a serious injury.  

Filing Deadlines and Procedural Rules for Birth Injury Lawsuits in New York 

There are strict procedural requirements and deadlines to pursue a birth injury lawsuit. In New York, medical malpractice lawsuits generally must be filed within two years and six months of the alleged negligence.  

In addition to these time limits, New York law requires a Certificate of Merit, confirming that a qualified medical expert has reviewed the case and believes it has a valid basis. Plaintiffs must also comply with procedural steps like filing a Notice of Medical Malpractice Action and adhering to mandatory electronic filing rules, where applicable. Failure to meet these requirements, even with a strong case, can result in dismissal. 

Given these requirements, it’s important to review your case with an attorney as soon as possible.  

Schedule a Free Consultation with a Birth Injury Lawyer 

If you believe your child’s Erb’s palsy may have been preventable, we invite you to reach out to our team. Learn more about our work on birth injury lawsuits and how we can assist your family in seeking answers and accountability. To speak with an Erb’s palsy lawyer at Rheingold Giuffra Ruffo Plotkin & Hellman LLP, contact us today to schedule a free, no-obligation consultation.  

While most cases are settled, we will take your case to trial when necessary. Because we work on a contingency basis, you pay no fee unless you receive compensation.