Is Erb’s palsy from shoulder dystocia during birth malpractice in Georgia?

· 3 min read

Erb’s palsy following shoulder dystocia is not automatically malpractice in Georgia. Whether it supports a claim depends on how the delivery team managed the emergency. The injury can occur even with careful care, so the law looks at the provider’s response rather than at the diagnosis alone.

Understanding the injury and the emergency

Shoulder dystocia occurs when a baby’s shoulder becomes lodged behind the mother’s pubic bone after the head delivers. It is an obstetric emergency that requires prompt, specific maneuvers to free the shoulder. Erb’s palsy results from injury to the network of nerves serving the arm, which can be damaged when the shoulder is stuck or during attempts to deliver. Because some nerve injuries can happen despite proper technique, Georgia does not treat the outcome itself as proof of negligence.

When the response falls below the standard

A claim arises when the management of the dystocia departs from accepted practice. Depending on the facts, that can involve applying excessive or improper traction on the baby’s head, failing to recognize the dystocia promptly, or not performing the recognized maneuvers in an appropriate sequence. Georgia measures the provider against what a reasonably prudent obstetric practitioner would have done in the same emergency. Expert testimony is generally required to establish both the standard for managing shoulder dystocia and how the care deviated from it, and that expert must supply the affidavit O.C.G.A. § 9-11-9.1 requires the complaint to carry.

Causation must also be shown: that the deviation, rather than the inherent forces of the dystocia, caused the nerve injury. The delivery records, the documented maneuvers, and the timeline are key evidence.

Responsible parties and deadlines

The obstetrician, delivery nurses, and hospital may all be relevant. A hospital can be liable for the negligence of its employees, and O.C.G.A. § 51-12-33 permits a jury to split fault across the obstetric team. Because the injured party is a child, the two-year limitation and five-year repose in O.C.G.A. § 9-3-71 must be read together with the malpractice-specific disability and minor provisions in O.C.G.A. § 9-3-73, which (among other things) gives a child injured before age five until two years after the fifth birthday to sue. That interplay is narrower than the general minor-tolling rule and is intricate, so a specific child’s filing window should be confirmed against current Georgia law.

The bottom line

Erb’s palsy from shoulder dystocia is malpractice in Georgia only when the delivery team’s management of the emergency fell below the standard of care and caused the injury. Expert review of how the dystocia was handled usually determines whether a claim exists.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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