Medical malpractice is when a doctor does not provide the best care possible -- when he or she fails to live up to the "standard of care" accepted by the medical community. Ignoring any of the risk factors above, such as not anticipating a chance of shoulder dystocia when a fetus is large, could constitute medical malpractice.
Erbs Palsy from Medical Malpractice?
Malpractice may also take place when a doctor, justifiably anxious about the possibility of the baby suffocating, uses excessive or misdirected force to reposition the baby, tearing nerves and causing Erb's palsy or another brachial plexus palsy. If these medical errors lead to a birth injury such as Erb's palsy, you have the legal right to sue for compensation for your medical bills, your child's pain and your own trauma.