Erb’s palsy (brachial plexus birth palsy) is a type of medical complication characterized by weakness or outright paralysis of the upper arm. Most often, it occurs because of trauma during the birthing process. A child’s erb’s palsy may give rise to a medical malpractice claim. Doctors, hospitals, and other health care providers can be held liable for an erb’s palsy injury caused by negligence. At Kennedy Watkins LLC, we handle the full range of medical malpractice cases, including complex birth injury claims. Within this article, our Chicago medical malpractice lawyer provides an overview of Erb’s palsy and malpractice cases in Illinois.
What is Erb’s Palsy?
The National Institutes of Health (NIH) defines Erb’s palsy as “paralysis of the arm caused by the injury to the upper group of the main nerves supplying it.” It is a form of brachial plexus palsy. Most often, erb’s palsy happens because the nerves near a baby’s neck are damaged during the process of childbirth. The condition can result from excessive pulling or stretching of the baby’s head and shoulders during delivery. The injury primarily affects the movement and sensation in the arm. It can lead to weakness or, in severe cases, even paralysis. Treatment options vary based on severity of the impairment. They may include physical therapy, splinting, and even surgery.
Proving Erb’s Palsy is Medical Malpractice
Erb’s palsy is a birth injury that may be, but is not automatically, medical malpractice. To prove that an infant suffered erb’s palsy because of medical malpractice you must be prepared to establish that the improper actions/inactions of doctors, nurses, and other health care providers contributed to the impairment. Here are three key elements of an erb’s palsy birth injury claim in Illinois
- Doctor-Patient Relationship: Establishing a doctor-patient relationship is foundational in any medical malpractice, birth injury cases are not exceptions. In the context of Erb’s Palsy, this relationship is typically confirmed when a healthcare provider assumes responsibility for the care and treatment of the pregnant mother and baby. In most erb’s palsy cases, this element is not in dispute. Documentation of prenatal visits, the baby’s delivery, and any follow-up care can establish the doctor-patient relationship.
- Substandard Care (Breach of Duty): Substandard care in Erb’s palsy cases are actions or inactions that deviate from accepted medical practices during childbirth. Some of the most common examples include; A) Improper use of delivery instruments, 2) Excessive force during delivery, and 3) Rough handling of the infant. To establish a breach of duty, medical expert testimony is usually required to demonstrate how the care provider’s actions during delivery failed to meet the standard care expected in similar circumstances.
- Harm to the Patient: The harm to the patient must be directly linked to the negligence demonstrated during the delivery process. In Erb’s palsy claims, the harm is typically the physical injury to the baby’s brachial plexus nerves. The complication can lead to partial or total loss of motor functions in the affected arm. Medical records, diagnostic tests, and expert analyses are used to trace the injury back to negligence during childbirth.
In other words, a doctor or hospital is not automatically legally liable for an infant’s Erb’s palsy or any other type of birth-related complication. Proving medical malpractice in Illinois requires establishing each of the three aforementioned elements. A top-tier Chicago medical malpractice attorney can help your family navigate the legal claims process.
Know the Statute of Limitations for Birth Injury Claims in Illinois
For most medical malpractice claims, the victim has two years from the date of the malpractice or the date that they knew or should have known about their injuries to file a lawsuit. However, birth injury cases are different. Under Illinois law (735 ILCS § 5/13-212(b)), the statute of limitations for birth injury claims—including those involving Erb’s palsy—generally allows parents to file a lawsuit on behalf of their child until the child turns eight years old. It is an extension of time that acknowledges that injuries sustained at birth may not become immediately apparent.
Note: There is an additional exception to the statute of limitations for a person who suffered a permanent disability due to Erb’s palsy during birth. That individual may be able to file a medical malpractice claim until his or her 22nd birthday if his or her parents never took legal action.
Recovering Compensation for an Erb’s Palsy Birth Injury Through a Malpractice Claim
A birth injury can cause serious complications for an infant and their family. Through a medical malpractice claim, you can seek justice on behalf of your child. Along with other types of damages, victims and families may be entitled to compensation for:
- Emergency medical care;
- Hospital bills;
- Other medical costs;
- Loss of future earning capacity;
- Pain and suffering; and
- Long-term physical impairment.
It is crucial that you are able to secure compensation for both economic damages (current and future medical bills) as well as any non-economic damages (long-term impairment) endured by your child because of Erb’s palsy.
Why Trust the Chicago Medical Malpractice Lawyers at Kennedy Watkins
Medical malpractice claims are complicated—particularly so for Erb’s palsy cases. At Kennedy Watkins LLC, our Chicago attorneys are committed to fighting for justice for malpractice victims. We take on the full range of cases, including birth injury claims and Erb’s palsy cases. With a proven record of verdicts and settlements in challenging cases, our Chicago medical malpractice lawyers invest the time and resources to fight for justice in birth injury claims.
Contact Our Chicago, IL Medical Malpractice Attorney Today
At Kennedy Watkins LLC, our Chicago medical malpractice lawyers are standing by, ready to protect your rights and your interests. Birth injury cases are complicated. Your family needs strong, reliable legal representation. If you have any questions about an Erb’s palsy malpractice claim, we are here to help. Get in touch with us today for your free case review. With a legal office in Chicago, our firm handles medical malpractice claims in Cook County and throughout Illinois.