1. What are the most common types of birth injury?
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

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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.

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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.

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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.

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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.

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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.

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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.

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