Menu Search Icon Mail Icon
Davis Saperstein & Salomon
Call Today 201-907-5000
No fee if no recovery
All consultations are free

Medical Malpractice Newsletter

Erb’s Palsy Medical Malpractice Claims for Injured Infants

Erb’s Palsy is a birth complication resulting from an infant’s shoulder bone becoming trapped behind the mother’s pubic bone during birth. This complication, also known as shoulder dystocia, causes intense pressure on the nerves in the infant’s arm. As such, the infant may suffer from a condition called Erb’s Palsy, marked by a temporarily or permanent limp or paralyzed arm.

Although this condition occurs in approximately one to two babies out of every 1,000 births in the United States, Erb’s Palsy may be prevented with diligent efforts on the part of physician.

Symptoms of Erb’s Palsy

An infant with Erb’s Palsy may exhibit symptoms including:

  • No muscle control in the arm or hand
  • No feeling in the arm or hand
  • Slight control of the wrist and hand
  • No control of shoulder or elbow muscles

Consequences of Erb’s Palsy

Most infants that suffer from Erb’s Palsy have a mild case and will recover fully in three to four months. A more grave Erb’s Palsy injury can take between 18 to 24 months to recover. With physical therapy, electrical stimulation and additional treatments, the prognosis for an infant with Erb’s Palsy is good. However, 1/5 of Erb’s Palsy cases will suffer permanent residual paralysis.

Causes of Erb’s Palsy

As Erb’s Palsy can often be prevented, medical malpractice claims may be available in certain situations where the physician failed to act as a reasonable physician in his position would have. Circumstances that may lead to an Erb’s Palsy medical malpractice claim may include failure to:

  • Perform a Caesarian section
  • Correctly approximate the infant’s weight prior to delivery
  • Diagnose and treat gestational diabetes
  • Inform mother of the inherent risks of vaginal delivery of a large infant
  • Execute proper delivery techniques in managing shoulder dystocia
  • Apply customary force (or applying excessive) force during delivery
  • FDA Recalls: An Overview
    When a product is defective or harmful to the public, the Food and Drug Administration (FDA) may order or request a recall of the product from the market. Sometimes, the manufacturers of defective products will voluntarily recall the... Read more.
  • Retained Foreign Bodies Presumes Negligence
    Res ipsa loquitur is a legal doctrine that infers negligence in a situation that lacks direct evidence of wrongdoing. Translated from Latin, res ipsa loquitur means, “the thing speaks for itself.” When res ipsa loquitur is... Read more.
  • Informed Refusal for Patients Who Refuse to Follow Treatment Advice
    Medical malpractice is largely governed by state law and case law precedent. Thus, generalizations must be checked against the applicable state law standards. One commonality, however, among most jurisdictions, is the notion that a... Read more.
  • Requirements for Medical Liens for Accident Injuries
    A person injured in an accident caused by the negligence or fault of another may eventually be able to recover damages from the person at fault. However, accident injuries usually require immediate treatment. If the injured party lacks... Read more.
Law Commentary Legal News
Share This Page:
Davis, Saperstein & Salomon, P.C., is located in Teaneck NJ and serves clients in and around Teaneck, Hackensack, Bergenfield, Tenafly, Englewood, New Milford, Palisades Park, Englewood Cliffs, Dumont, River Edge, Demarest, Haworth, Oradell, Leonia, Bogota, Maywood, Closter, Alpine, Emerson, Fort Lee, Ridgefield Park, Little Ferry, Bergen County, Hudson County and Passaic County.
Designed and Powered by NextClient

© 2026 Davis, Saperstein & Salomon, P.C. All rights reserved. Custom WebShop™ law firm website design by NextClient.com.