A healthy delivery can turn into a life-altering event in seconds. When a newborn leaves the hospital with a paralyzed or weakened arm, parents are often told it was unavoidable. That is not always true. Erb’s palsy can sometimes be the result of medical negligence, and Pennsylvania law gives affected families the right to hold careless providers accountable.
What Is Erb’s Palsy?
Erb’s palsy is a nerve injury affecting the upper arm and shoulder, caused by damage to the brachial plexus nerve network during birth.
The brachial plexus is a bundle of nerves that runs from the spinal cord through the neck and into the arm. When those nerves are stretched, compressed, or torn during delivery, the result can be partial or full paralysis of the affected arm, limited range of motion, and muscle weakness that may last a lifetime.
Symptoms vary depending on the severity of the nerve damage. Some children regain function with physical therapy. Others face permanent disability that requires surgery, ongoing treatment, and long-term care.
How Does Medical Negligence Cause Erb’s Palsy?
Erb’s palsy can occur due to excessive force during delivery, though some cases may be unavoidable despite proper care.
The most common cause is shoulder dystocia, a complication where the baby’s shoulder becomes lodged behind the mother’s pubic bone after the head delivers. Shoulder dystocia is a medical emergency, but it is one that trained obstetricians are expected to manage according to established standards, though injury can still occur even when care is appropriate.
When a physician applies excessive lateral traction, pulls the baby’s head at the wrong angle, or fails to use accepted maneuvers to free the shoulder, the brachial plexus nerves can be torn. Recognized obstetric protocols such as the McRoberts maneuver, suprapubic pressure, and the HELPERR mnemonic exist precisely to address shoulder dystocia while minimizing risks.
Whether a provider has deviated from the standard of care is determined by expert testimony and the specific facts of the case. That deviation can form the basis of a medical malpractice claim under Pennsylvania law.
What Does Pennsylvania Law Require to Prove Malpractice?
Pennsylvania medical malpractice claims require proof that a provider deviated from the accepted standard of care and that the deviation directly caused the injury.
Under the Medical Care Availability and Reduction of Error (MCARE) Act, 40 Pa. Stat. Ann. § 1303.101 et seq., Pennsylvania sets specific requirements for medical malpractice litigation. To bring a claim, the plaintiff must file a certificate of merit signed by a licensed physician who confirms that the care provided fell below accepted medical standards.
The plaintiff must prove four elements:
- The provider owed a duty of care to the patient.
- The provider breached that duty by deviating from accepted standards.
- The breach directly caused the injury.
- The injury resulted in quantifiable damages.
Pennsylvania also has a statute of limitations for medical malpractice claims. Under 42 Pa. Cons. Stat. § 5524, injured parties generally have two years from the date they discovered, or reasonably should have discovered, the injury to file a claim. For minors, special tolling rules apply under Pennsylvania law, but families should consult an attorney promptly.
What Damages Can a Family Recover?
Pennsylvania law allows families to pursue compensation for medical costs, future care needs, lost earning potential, and the pain the child endures.
Erb’s palsy damage can be significant. They typically include:
- Past and future medical expenses, including surgery and physical therapy
- Cost of assistive devices and adaptive equipment
- Loss of the child’s future earning capacity
- Pain, suffering, and diminished quality of life
Pennsylvania generally does not impose a broad, across-the-board cap on noneconomic damages in private medical malpractice cases, though special limits may apply to certain government-related defendants or under specific statutes. An attorney can evaluate which categories of damages apply to a specific case and what the realistic range of recovery is.
Can Erb’s Palsy Always Be Prevented?
Not every case of Erb’s palsy is preventable, but many are caused by delivery errors that skilled providers are trained to avoid.
Risk factors for shoulder dystocia include gestational diabetes, fetal macrosomia (a larger-than-average baby), prior deliveries with shoulder dystocia, and obesity. When those risk factors are present, physicians are expected to anticipate complications, counsel the mother on delivery options, and have a plan in place.
Whether failing to identify risk factors, order specific imaging, or offer a cesarean section constitutes negligence depends on the specific clinical facts and expert testimony regarding standard practice. A thorough review of prenatal records, delivery notes, and nursing documentation often reveals where the breakdown occurred.
How Sharma Law Office Can Help
Erb’s palsy cases are medically complex and fiercely contested by hospital defense teams. At Sharma Law Office, we pursue these cases with the same intensity that the other side brings to defending them. We dig into medical records, work with qualified physician reviewers, and build cases around the specific facts, not generic legal theories.
We understand what Pennsylvania courts require and know how to present evidence to hold negligent providers responsible for the harm they caused. Families dealing with a child’s permanent injury deserve aggressive legal advocacy, and that is exactly what we deliver.
If your child was diagnosed with Erb’s palsy after a difficult delivery, do not accept the explanation that nothing could have been done. Contact Sharma Law Office by calling our Easton, PA office at 610-510-6764 to discuss what happened and whether a malpractice claim is warranted.
