Is Erb’s Palsy Considered Medical Malpractice?

Medical injuries can cause lifelong health problems, impacting the quality of life you may have had if the doctors had been more cautious. 

But is Erb’s palsy considered medical malpractice? If you’re not sure, reach out for help. The medical malpractice lawyers at Wilt and Thompson, PLLC, can help you prepare your lawsuit and get the funds you’re due for conditions related to medical malpractice

What Is Erb’s Palsy? 

Erb’s palsy is a condition that occurs when a doctor hurts a baby during delivery. It can result from a birthing accident or negligence on the part of the doctor, or because the doctor was being too aggressive in making sure that the baby comes out quickly.

Erb’s palsy is a malformation of the spine that results in paralysis of the legs. The paralysis can be complete or only partial. The symptoms are caused by abnormal development of the blood vessels in the spinal cord, which can lead to thickening and pressure on nerves.

This condition has historically resulted in lawsuits against doctors and hospitals for unpaid medical bills and other damages. If you have Erb’s palsy, is it medical malpractice? In some cases, yes, because the doctors most often responsible are obstetricians and while Erb’s palsy is not a disease they can cure, it is a result of an injury.

What Causes Erb’s Palsy?

The causes of Erb’s palsy are hotly contested by obstetricians and by patients that have been affected by it. Affected people usually say that they were injured as babies and that they would not have been if their doctors had behaved differently. Erb’s palsy, also called brachial plexus birth palsy, is considered preventable.

You may have an Erb’s palsy medical malpractice case if your doctor used forceps improperly or a vacuum extractor, tugged on the head or neck while the shoulders were making their passage through the birth canal, pulled on the arms or shoulders during a head-first delivery, or pulled on the feet during a breech birth.

Some doctors claim it is a rare condition and that they are doing everything that can reasonably be expected to avoid it. However, given the amount of forceps used in the past, it likely occurs much more than doctors claim. The lawyers at Wilt and Thompson, PLLC, can help in these cases. 

Get Answers through a Kentucky Medical Malpractice Attorney 

The type of negligence involved in a medical malpractice case is typically a failure to follow a standard of care. Obstetricians have a duty of care to provide a safe birthing experience, so don’t give up hope.

If you have Erb’s palsy, is it medical malpractice? Don’t be confused by conflicting information. You may have a medical malpractice claim. You can file your Erb’s palsy claim in Kentucky with the help of medical malpractice lawyers. Call a legal malpractice attorney from Wilt and Thompson, PLLC, at 502-253-9110 or fill out our online contact form to discuss your rights.