Of all the stages of human development, infancy is probably the one with the most resilience. Your baby, while delicate and vulnerable, is probably able to heal incredibly quickly from many bumps and bruises. However, there are some injuries your infant might sustain that might not heal naturally, brachial plexus avulsion injuries being one example.
Erb's palsy, a form of brachial nerve damage, is among the most troubling birth injuries you could encounter. It is an unfortunate condition for many reasons, not the least of which being that California obstetricians should all arguably have the wherewithal to avoid inflicting it upon your child.
Another reason you might be particularly distressed if your infant received a diagnosis of this condition is that, if the injury were severe enough, the recommended therapy could include costly surgery. After already paying hospital bills, operating room fees and incurring various other costs during childbirth, you might be nearing the end of your medical budget.
Erb's palsy would also likely be a confusing diagnosis for you. According to the National Institutes of Health, your child could recover or improve over the course of a few months — or you might need to authorize a surgical procedure right away. If you had the resources to do this, you might feel confident in signing off on the surgery and waiting around to see improvement. However, this would probably not hold the parties responsible to account for their actions.
It would be unlikely for a birth injury of this scale to be an acceptable mistake on the part of your doctor or your hospital. More likely, it would be indicative of a larger issue that requires immediate investigation and intervention to prevent repetition. Of course, each situation is different. This is not intended to be legal advice. Please read it only as educational information.