What evidence is needed for an Erb's palsy birth injury claim?

Building a strong case requires a thorough review of the pregnancy, labor, and delivery record by specialists who can identify where the standard of care was not met, whether excessive traction was applied during a shoulder dystocia, and whether the medical team's decisions leading into and during the delivery were appropriate given the risk factors that were present.

Medical experts reviewing an Erb’s palsy claim will often review:

• Labor and delivery records documenting the course of the delivery
• Documentation of shoulder dystocia & maneuvers used to resolve it

• Fetal heart monitoring strips
• Operative reports if forceps or vacuum extraction were used
• Nursing records and timing of obstetrical maneuvers

Shoulder dystocia is one of the strongest risk factors for brachial plexus injury and how it was handled in the delivery room is often the central issue in these cases.

What prenatal records are relevant?

Part of the expert review also looks at whether known risk factors were recognized before delivery, such as fetal macrosomia, maternal diabetes, a history of shoulder dystocia, prolonged second stage of labor, and operative vaginal delivery. These factors don't establish negligence on their own, but they inform the assessment of whether the medical team made appropriate calls going into and during the delivery.

What diagnostic evidence supports the claim?

Physical findings that support the diagnosis after birth are: weak or absent arm movement, decreased Moro reflex on the affected side, and abnormal arm positioning. MRI, electromyography, and nerve conduction studies help determine which nerves were affected, distinguish between stretching and rupture and avulsion, and estimate the potential for recovery. Pediatric neurology examinations, therapy notes, and operative reports for nerve repair can all be useful in clarifying the full extent and duration of the injury.

How Sean M. Cleary Can Help in an Erb's Palsy Case

Building an Erb's palsy case means assembling the full delivery record, engaging the right medical experts, and establishing a direct connection between what happened in the delivery room and your child's nerve injury. Attorney Sean M. Cleary handles that process personally for every family that contacts our office.

If your child was diagnosed with Erb's palsy and you have questions about whether the delivery was mishandled, contact The Law Offices of Sean M. Cleary today for a free case evaluation.