Among the more common types of birth injuries is an Erb’s palsy injury that impacts the baby's shoulder and arm. This might be a considerable injury that in the most severe circumstances might leave the infant with weak use of the arm even subsequent to surgery. In many situations the injury is preventable. If this occurs as a consequence of a mistake by a physician while in the delivery procedure the parents might pursue a lawsuit on behalf of themselves and their infant.

As an example, look at a reported case concerning a woman expecting her third child. She was either borderline for or actually had gestational diabetes, excessive weight gain in the course of the pregnancy and had earlier delivered 2 large babies. Approximately four months into the pregnancy her physician recorded that the unborn child was larger than expected by the gestational age and three months later the pregnant woman was borderline on her blood sugar test for gestational diabetes.

An ultrasound shortly after that visit put the baby’s weight within the 90th percentile. On the woman’s final prenatal visit the day prior to the scheduled delivery the doctor observed the fundal height (a measurement of the uterus employed to evaluate fetal growth and development) at 43 centimeters. The woman was 40 weeks pregnant at the time.

The following day the expectant mother was admitted at the hospital as scheduled. After her admission, a different doctor took over her care. The hospital record documented the expectant mother's prior borderline glucose test and that she was at high risk because of past "large gestational age" babies. This physician failed to, , test her glucose amount or make any effort to estimate the unborn child's weight before medically inducing her.

Approximately four hours following her admission to the hospital her membranes spontaneously ruptured. When this happened a substantial quantity of meconium was noticed. This is often a sign that the unborn child is in trouble and usually necessitates an emergency C-section. Around forty minutes later the doctor completed a vaginal examination. The doctor noted that the woman was four centimeters dilated. The doctor placed a fetal scalp electrode which showed early decelerations. Even though it was not included in the publication of the lawsuit, particular kinds of decelerations might be a sign of fetal distress. A little more than one hour later the expectant mother was fully dilated. The nurse’s paperwork mentioned the occurrence of shoulder dystocia, the delivery of the infant's head, and the use of suprapubic pressure to help delivery.

The newborn was 10 pounds 10 ounces at birth. The newborn had a head circumference in the ninetieth percentile. She had an Erb's palsy injury. As she grew her arm atrophied from her inability to use it. She has developmental delays and she has cerebral palsy. The physicians did not monitor the mother for gestational diabetes even though they had ample information that the baby was large preceding delivery. Nevertheless, they did not plan on a C-section and failed to try a common procedure prior to employing traction to the baby’s head. These steps could have prevented the child's injury. The parents filed a lawsuit against the doctors and the law firm that represented the family documented that the matter settled for $900,000.