Shoulder dystocia and Erb’s palsy lawsuits in Alabama may be on the cards for families whose child suffered a preventable nerve injury during delivery, but whether negligence was involved depends on how the delivery team responded once the complication arose and whether the accepted standard of care was met. Alabama’s minor exception gives most affected children until their eighth birthday to file, but early legal review of delivery records is critical.
Childbirth can be unpredictable, and complications during delivery sometimes result in injuries to newborns. Two related conditions that can have lasting effects are shoulder dystocia and Erb’s palsy. While not every case is preventable, understanding these conditions and how they may occur during delivery can help families seeking clarity after a difficult birth experience.
Hare Wynn assists families across Alabama in reviewing complex birth injury cases involving delivery complications, including shoulder dystocia and Erb’s palsy.
Is Shoulder Dystocia During Delivery an Emergency?
Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pelvic bone during delivery. This can make it difficult for the baby to exit the birth canal and may require immediate medical intervention to prevent harm.
Factors That Increase the Chance of Shoulder Impaction
While shoulder dystocia can happen unexpectedly, certain factors may increase the risk:
- Large birth weight
- Maternal diabetes
- Prolonged labor
- Short maternal stature or a contracted pelvis
- Previous history of shoulder dystocia
Even when risk factors are present, timely monitoring and skilled delivery techniques are critical to reducing the likelihood of injury.
Erb’s Palsy and Brachial Plexus Injuries: Symptoms Parents Often Notice Early
Erb’s palsy is a type of nerve injury that affects the brachial plexus, a network of nerves controlling the shoulder, arm, and hand. It often occurs when the baby’s shoulder is stretched or compressed during a difficult delivery, such as one complicated by shoulder dystocia.
Symptoms of Erb’s Palsy include:
- Weakness or limited movement in the affected arm
- Lack of muscle control in the shoulder or hand
- Abnormal positioning of the arm at birth
- Reduced grip strength
In many cases, children recover partially or fully with physical therapy, but some may experience long-term functional limitations.
How Shoulder Dystocia Can Lead to Nerve Damage in the Arm and Shoulder
Shoulder dystocia can cause excessive traction on the baby’s neck and shoulders during delivery. When this occurs, the nerves of the brachial plexus may be stretched or damaged, resulting in Erb’s palsy. Prompt and appropriate intervention is crucial to minimize injury.
Some accepted techniques that are obstetric practices aimed at preventing nerve damage are:
- Proper maternal positioning
- Controlled delivery of the shoulders
- Use of specific maneuvers to relieve impaction
When Delivery Complications Raise Questions
Not every case of shoulder dystocia or Erb’s palsy is caused by negligence. These conditions can occur even with skilled care. However, medical review is often warranted when:
- Nerve injury occurs despite apparent precautions
- There are delays in responding to shoulder impaction
- Excessive force is used during delivery
- Monitoring and documentation of labor are incomplete
- Known risk factors were not managed appropriately
Analyzing these factors helps families understand what happened and whether the care met standard practices.
Long-Term Outcomes of Erb’s Palsy
Depending on severity, Erb’s palsy may lead to:
- Limited range of motion in the arm or shoulder
- Muscle weakness
- Chronic pain or discomfort
- Impaired fine motor skills
- Need for ongoing therapy or surgical intervention
Early intervention with physical therapy and, in some cases, surgery can improve outcomes but some injuries may persist into adulthood.
What Medical Records Can Reveal After a Difficult Birth
Cases involving shoulder dystocia and Erb’s palsy are medically complex. Experts may review:
- Labor and delivery notes
- Fetal monitoring records
- Details of delivery maneuvers
- Timing and communication of care decisions
- Neonatal assessments after birth
This review helps clarify whether the injury was unavoidable or whether different actions might have changed the outcome.
Get in Touch with An Alabama Medical Malpractice Lawyer Today
Alabama law gives most families two years from the date of the negligent act to file a malpractice claim under Alabama Code Section 6-5-482. Because shoulder dystocia and Erb’s palsy injuries occur at or around the time of birth, the minor exception typically applies, giving your child until their eighth birthday to file. Even so, building a strong case takes time, and the earlier an attorney can review the delivery records, the better.
The medical malpractice attorneys at Hare Wynn review records and help families understand the circumstances surrounding their child’s birth. Contact us to schedule your consultation today.
Frequently Asked Questions About Shoulder Dystocia and Erb’s Palsy in Alabama
1. What is the difference between shoulder dystocia and Erb’s palsy?
Shoulder dystocia is a complication during delivery where the baby’s shoulder becomes lodged behind the mother’s pelvic bone. Erb’s palsy is a nerve injury that can result from the excessive force or traction placed on the baby’s arm and shoulder during that complication. Not every case of shoulder dystocia leads to Erb’s palsy, and not every case of Erb’s palsy involves negligence, but when the delivery was mismanaged, both conditions may support a birth injury claim.
2. Can Erb’s palsy occur without shoulder dystocia?
Yes, though it is less common. Brachial plexus nerve damage can occur during a normal delivery due to positioning, traction, or other delivery challenges unrelated to shoulder impaction. In those cases the same legal analysis applies. The question is whether the care provided met the accepted standard and whether the injury could have been prevented.
3. Are some babies more at risk for shoulder dystocia?
Yes. Risk factors include larger birth weight, maternal diabetes, prolonged labor, breech or abnormal fetal positioning, and a prior delivery complicated by shoulder dystocia. When these risk factors are documented in prenatal records and a delivery team fails to monitor fetal distress, that failure may be relevant to a medical malpractice claim.
4. Can shoulder dystocia always be prevented?
No. While proper monitoring and delivery techniques reduce risk, some cases occur unpredictably despite appropriate care. The legal question is not whether the complication could have been prevented entirely, but whether the delivery team responded appropriately once it occurred and whether their actions met the accepted standard of care.
5. How long do I have to file a claim for shoulder dystocia or Erb’s palsy in Alabama?
Under Alabama Code Section 6-5-482, families generally have two years from the date of the negligent act to file. Because these injuries occur at or around birth, the minor exception almost always applies, giving your child until their eighth birthday to file a claim. Even so, acting early gives your attorney the best chance of securing complete delivery records and expert testimony before evidence becomes harder to obtain.
6. What is the connection between maternal positioning and shoulder dystocia?
Proper positioning of the mother during delivery can help widen the birth canal and facilitate safer delivery of the shoulders, reducing the risk of impaction and nerve injury. Specific obstetric maneuvers, such as the McRoberts maneuver and suprapubic pressure, are recognized techniques for relieving shoulder dystocia once it occurs. When these maneuvers are available but not used, or used incorrectly or too late, that may form part of a malpractice claim.
7. What do medical records show in a shoulder dystocia or Erb’s palsy case?
Getting your delivery records can reveal the timing and nature of the complication, which maneuvers were used and in what order, whether the delivery team communicated appropriately, and what the neonatal assessment showed immediately after birth. Gaps, inconsistencies, or missing documentation can be significant when you file a malpractice complaint with the Alabama Board of Medical Examiners.
