Birth Trauma Injury - Erb’s Palsy

March 24, 2022, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The birth of a baby is both an exciting and worrisome time for parents. When something goes wrong in the birthing process, it can have devastating and lifelong consequences for the newborn child and the family who are the primary caregivers. At the time of the birth of the child, and where complications have occurred, it is very difficult for the family to ask questions of the medical team as to what has happened.

Why Are Birth Injuries Difficult?

In many instances, little information will be volunteered by the medical team. Birth trauma cases are complicated. The birthing process involves several parties and factors, any of which could play a significant role in the unfortunate outcome of birth trauma. Trying to determine the at-fault party and the substandard care is very difficult. In addition to finding out “what went wrong”, one also must show that the action or actions that were below the expected standard of medical treatment were the cause of the birth trauma and lifelong injury.

What is Erb’s Palsy and How Does It Occur?

Erb’s Palsy (Brachial Plexus Birth Palsy) is a birth injury that occurs in 1-2 babies for every 1000 births. It occurs when the infant’s neck is stretched in any one direction during delivery. It usually occurs during difficult deliveries. The palsy impacts movement and feeling to the shoulder, arm, hand and fingers – it can cause weakness or loss of motion and can be permanent or temporary.

Erb’s Palsy is different than Cerebral Palsy which is caused by damage to the brain, not the neck nerves. Fortunately, most infants with Erb’s Palsy recover the movement and feeling with time and physical therapy.

What Are Implications of Birth Trauma Injury?

Injuries from the birthing process can result in very serious lifelong physical and mental/cognitive trauma to the newborn child. Where a serious injury has occurred, there can be significant future cost consequences. The prospects of the child and future needs must be assessed. This would include the future loss of income due to the inability to work; medical, rehabilitative, and attendant care needs. This can be extremely daunting trying to determine and calculate future losses. In addition to the child’s losses, birth trauma injuries will often result in financial hardships for the family, particularly parents. Where there is a need for constant care and supervision it will be difficult for a parent to maintain employment. Parents will be concerned about their child’s immediate and future care, and this will also include concerns for the care of their child after the parents are no longer able to assist.

What Should You Do if You are Facing a Birth Injury?

If your child has been injured due to negligence during birth or delivery you should contact one of our experienced personal injury lawyers today.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.