Erb’s palsy shoulder dystocia lawyer

Shoulder dystocia is an obstetric emergency in which the baby’s shoulder becomes lodged behind the mother’s pubic bone after the head has delivered. Recognized manoeuvres exist to resolve it. Where excessive traction is applied instead, the brachial plexus can be injured, producing the arm weakness known as Erb’s palsy. Law Offices Of SRIS, P.C. handles medical malpractice claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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What the delivery record must show

Whether shoulder dystocia was recognized and declared. Which manoeuvres were performed, in what order and for how long — the recognized sequence is documented in obstetric practice and departure from it is examinable. The time from delivery of the head to delivery of the body. Whether additional assistance was summoned. The condition of the infant at delivery and the arm findings. And the antenatal record, showing whether risk factors were identified and whether they were discussed.

The causation debate

This is genuinely contested in the obstetric literature. One position holds that brachial plexus injury results from excessive traction applied by the clinician; another holds that the forces of labour itself can cause it, including in deliveries without dystocia. That debate is real and a defendant will rely on it. What tends to distinguish the stronger cases is the documented manoeuvre sequence, the duration, and whether the recognized steps were followed before traction increased.

The injury and its course

Erb’s palsy affects the upper brachial plexus, producing weakness of shoulder and elbow movement — the arm characteriztically held internally rotated with the forearm extended. Many infants recover substantially in the first months with physiotherapy. Where recovery does not occur, surgical options including nerve grafting and nerve transfer are time-sensitive, and later reconstruction uses tendon transfer or osteotomy. Persistent cases leave permanent weakness, arm length difference and functional limitation.

How these claims are contested

Through the causation literature, arguing the injury resulted from the forces of labour rather than from traction. Through the record, arguing the recognized manoeuvres were performed appropriately in a genuine emergency. Through the antenatal position, arguing risk factors were not present or were addressed. And through prognosis, arguing recovery is likely and the claim premature — which is a reason not to resolve before the trajectory is clear.

Building the claim properly

Obtain the complete delivery record including the manoeuvre documentation and timings, which is the heart of the case. Obtain the antenatal record to establish what risk factors were identified and what was discussed. Obtain serial electrodiagnostic studies and the paediatric neurology follow-up documenting whether recovery is occurring. Ensure the surgical window is considered in time. And document function objectively as the child grows, since the full consequence takes years to establish.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines in medical malpractice

Medical malpractice deadlines differ from general personal injury deadlines and differ sharply between states. Virginia: two years under Va. Code § 8.01-243(A), generally accruing at the date of the negligent act, with extensions under § 8.01-243(C) for a foreign object, fraud or concealment, and certain malignancies, subject to an outer limit. Maryland: the earlier of five years from when the injury was committed or three years from when it was discovered, under Md. Code, Cts. & Jud. Proc. § 5-109, with separate rules for minors, foreign objects and reproductive-organ injuries. The District of Columbia has no malpractice-specific statute; the three-year catch-all at D.C. Code § 12-301(8) applies, with a discovery rule. New Jersey: two years under N.J.S.A. 2A:14-2, with a discovery rule and an early affidavit-of-merit requirement. New York: two years and six months under N.Y. C.P.L.R. § 214-a, accruing at the act or omission complained of, with a foreign-object discovery rule and a continuous-treatment toll. These are general periods only; confirm the deadline on your own facts without delay.

Frequently Asked Questions

What is shoulder dystocia?

An obstetric emergency in which the baby’s shoulder becomes lodged behind the mother’s pubic bone after the head has delivered. Recognized manoeuvres exist to resolve it, and the sequence in which they are performed is documented obstetric practice.

What is Erb’s palsy?

Injury to the upper part of the brachial plexus producing weakness of shoulder and elbow movement, with the arm characteriztically held turned inward and the forearm extended. It is the most common form of brachial plexus birth injury.

Is it always caused by the delivery?

That is genuinely debated in the obstetric literature. One position attributes it to excessive traction; another holds that the forces of labour itself can cause it, including in deliveries without dystocia. A defendant will rely on that debate, and honest assessment of your specific record matters.

What should the delivery record show?

Whether dystocia was recognized and declared, which manoeuvres were performed and in what order, how long each took, the interval from head to body delivery, and whether additional help was called. That documentation is the heart of the case, and gaps in it are themselves significant.

Will my baby recover?

Many infants recover substantially within the first months with physiotherapy. Where recovery does not occur, surgical options exist but they are time-sensitive, because muscle that has lost its nerve supply for too long cannot be reanimated. Serial monitoring during that period is what informs the decision.

When is surgery considered?

Where recovery is not occurring within the expected timeframe, which is monitored through clinical examination and serial electrodiagnostic studies. Nerve grafting and nerve transfer are the options, and timing materially affects the result. This should be under review by a surgeon experienced in nerve reconstruction rather than watched indefinitely.

Should we settle early?

Generally not. The extent of permanent deficit is not clear for a considerable period, and in a growing child arm length difference and functional limitation develop over years. Courts also apply specific procedures to settlements on behalf of minors. Resolving early risks releasing consequences not yet apparent.

How long do I have to bring a claim?

Malpractice deadlines apply — two years in Virginia and New Jersey, the earlier of five years from injury or three from discovery in Maryland, three years in the District, and two years six months in New York — with tolling provisions that may apply for minors. Have it assessed immediately.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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