Erb's Palsy FAQs
2. What is Brachial Plexus Palsy?
3. My child was diagnosed with Erb’s Palsy. Can this be the result of medical malpractice?
4. What are the most common Erb’s Palsy injuries?
5. Is Erb’s Palsy treatable?
6. What should I do if I suspect medical negligence caused my child’s Erb’s Palsy injury?
7. Is there statute of limitations for Erb’s Palsy cases?
1. What are the most common types of birth injury?
- Erb's Palsy/brachial plexus injuries
- Cerebral palsy
- Shoulder dystocia
- Brain injury caused by improper use of vacuum extractors
- Untreated jaundice
2. What is Brachial Plexus
Palsy?
Brachial Plexus Palsy, also known as Erb’s Palsy, is
a condition that affects the nerves that control the
muscles in the arm and hand. The brachial plexus, a
group of nerves, is located on the right and left side
of your neck, between the neck and shoulder area and
runs from the spinal cord through the arm to the wrist
and hand. Damage to these nerves occurs when a baby's
shoulders become impacted at birth, stretching or
tearing the brachial plexus.
3. My child was diagnosed with
Erb’s Palsy. Can this be the result of medical
malpractice?
Any excess stress to the baby's neck during delivery
may result in injuries to a child's nerves. This can
result in paralysis of the arm, causing it to be limp
or dysfunctional. Injuries such as these are
classified by severity. Avulsion rupture is when the
nerves are torn away at the area of the spine. Neuroma
is when the nerves are torn, but during the healing
process, scar tissue has formed. This can result in
the disabling of the arm. A rupture occurs when the
nerves tear at other locations.
Please see our Causes of Erb's Palsy page for more information.
4. What are the most common Erb’s
Palsy injuries?
There are four types of Erb’s Palsy (brachial
plexus) injuries:
- An avulsion - the nerve is torn from the spine.
- A rupture - the nerve is torn but not where it attaches to the spine.
- A neuroma - occurs where scar tissue has grown around the injury putting pressure on the nerve resulting in reduction of signals to the muscles.
- Praxis - the nerve has been damaged but not torn.
Please see our Types of Erb's Palsy page for more information.
5. Is Erb’s Palsy treatable?
Erb's Palsy injuries are treated with a combination of
exercise, focused therapy and, in many cases, surgery
to correct the damaged nerves. Each treatment plan is
unique, based on the child's severity. An occupational
or physical therapist is usually involved in the
treatment.
6. What should I do if I suspect
medical negligence caused my child’s Erb’s Palsy
injury?
As soon as you suspect that negligence may be the
cause of the birth injury in your baby, you should contact
an experienced Oshman & Mirisola, LLP birth injury
attorney. It is necessary to gather facts and evidence
early. There is a statute of limitations for filing
medical malpractice claims, so do not delay.
7. Is there statute of
limitations for Erb’s Palsy cases?
Most claims must be filed within a certain amount of
time of the injury. In New York, the statute of
limitations for a personal injury is three years. It
is imperative that these statutes are observed because
once they expire, cases may be barred forever. To
discuss your case, contact
Oshman & Mirisola, LLP.