Finding your newborn arm limp after birth is a terrifying and heartbreaking experience for any parent. In the quiet of the maternity or neonatal ward, you may find yourself desperately searching online, asking, “Why is my baby’s arm not moving?” while expecting clear, transparent answers from your clinical care team.

In some cases, parents find that initial explanations from medical staff do not fully account for the severity of what they are observing. Staff may describe the lack of movement as temporary weakness or a positional issue that will resolve on its own. Sometimes this is correct. In more serious cases, however, it is not, and early specialist evaluation is the only reliable way to know which situation you are in.

In many cases involving this type of injury, parents describe a chaotic delivery room scene — urgent physical maneuvers, additional staff called in, and a difficult final stage of labor. If you witnessed something like this and your baby was born with a limp or immobile arm, those observations are important and worth discussing with both a medical specialist and a legal professional.

When there is a significant gap between what a parent observes and what they are being told, seeking an independent medical opinion is a reasonable and important step. A limp arm after a difficult delivery may indicate an Erb’s palsy or brachial plexus injury, and early accurate diagnosis is essential to getting the right treatment

Recognizing the Signs of a Baby Arm Not Moving After Delivery

In a hospital environment, there is often a significant gap between the clinical information available to medical staff and what is communicated to parents. If you feel your observations are not being taken seriously, you have the right to request a specialist evaluation and to ask direct questions about what occurred during delivery.

For most parents, this agonizing experience begins with a quiet observation in the hours after birth. When evaluating brachial plexus injury newborn symptoms, you might notice:

• The “Waiter’s Tip” Posture: The waiter’s tip posture newborn presentation is unmistakable. The baby’s arm is turned inward toward their body, the elbow is completely straight, and the wrist is flexed backward like a waiter discreetly looking for a tip.
• Asymmetrical Movement: The baby can move their fingers, but cannot lift their arm, bend their elbow, or move their shoulder.
• Absence of the Moro Reflex: The normal startle reflex is missing on the affected side. When startled, only one of your baby’s arms moves upward while the other remains frozen.
• Pain and Sensitivity: Your baby cries out in pain or whimpers when the affected arm is gently touched, washed, or dressed.

The illusion of normalcy breaks entirely when a pediatrician or specialist eventually diagnoses an Erb’s palsy birth injury or a broader brachial plexus injury.

When questioned about how this happened, the delivery staff may downplay the injury as an “unfortunate, unpredictable complication of a difficult birth,” leaving parents feeling deeply confused, guilty, and isolated.

When a birth injury occurs, hospitals and medical teams may be cautious in how they communicate about events surrounding delivery. This can leave parents without a full picture of what happened. Seeking independent medical evaluation and, where appropriate, independent legal review is a reasonable step for families who have unanswered questions about their child’s injury.

Shoulder Dystocia and the Standard of Care: The Medical Reality

To protect your child’s health and legal rights, you must understand the clinical reality of what happens when a baby’s arm goes limp after birth.

During labor, a dangerous medical emergency can arise known as Shoulder Dystocia. This occurs when the baby’s head is delivered, but their leading shoulder becomes firmly lodged behind the mother’s pubic bone. It is a time-critical emergency because the baby’s umbilical cord can become compressed in the birth canal, cutting off oxygen.

Medical authorities, including the American College of Obstetricians and Gynecologists (ACOG), acknowledge that shoulder dystocia is largely unpredictable and that known risk factors — including fetal macrosomia, maternal diabetes, and prior deliveries involving large babies — have poor predictive value in identifying which individual pregnancies will be affected. The majority of shoulder dystocia cases occur without any warning signs at all.

That said, when risk factors are present and clearly documented, a discussion of delivery options — including the possibility of a planned cesarean section — may be appropriate and is part of thorough prenatal care. Whether that discussion occurred, and whether the delivery team responded correctly once shoulder dystocia arose, are central questions in evaluating whether the standard of care was met.

What is not disputed is this: once shoulder dystocia occurs, doctors are required to execute a highly standardized, step-by-step sequence of physical maneuvers designed to safely dislodge the shoulder without injuring the infant. The most fundamental rule taught in obstetrics is this: physicians must never apply excessive downward lateral traction or force to the baby’s head or neck.

The nerves that control the arm, forearm, and hand originate in the spinal cord in the neck. This network of nerves is called the brachial plexus. When a doctor pulls too hard, they tear these delicate nerve lines. If you remember that the doctor pulled baby head shoulder dystocia became a point of physical trauma, this physical force is the direct link to the nerve injury. The severity of the damage generally falls into four categories:

• Neuropraxia: The nerves are stretched but not torn. This is both the mildest and the most common form of brachial plexus birth injury. Most cases resolve on their own, typically within approximately 3 months. Because spontaneous recovery within this window is expected, it is also the benchmark physicians use to decide whether further intervention is needed — if meaningful recovery has not occurred by 3 to 4 months, specialist evaluation and possible surgical planning should begin promptly.
• Neuroma: The nerve is stretched and partially torn. As it tries to heal, scar tissue forms, which presses on healthy nerves and prevents proper signal transmission to the arm.
• Rupture: The nerve itself is torn completely apart but remains attached to the spinal cord. This will not heal on its own and requires complex nerve-graft surgery.
• Avulsion: The most severe injury, where the nerve root is torn completely away from the spinal cord. An avulsion cannot be repaired directly at the site of the spinal cord, which makes it the most complex and serious category of brachial plexus injury. However, “irreparable” does not always mean “untreatable.” In some cases, nerve transfer surgery — using a healthy donor nerve from elsewhere in the body to replace the detached nerve — can restore meaningful function to parts of the arm. Outcomes vary significantly depending on which roots are avulsed, the child’s age at surgery, and the surgical team’s experience. Early evaluation by a specialist is essential. .

The Safe Maneuvers the Doctor Should Have Used

Obstetricians are not helpless when a baby’s shoulder gets stuck. They are trained to use specific, gentle physical maneuvers to change the maternal pelvis geometry or rotate the baby’s shoulders. If your doctor resorted to pulling on your baby’s head, they bypassed safe, standard medical protocols.

Standard, non-injurious maneuvers include:

• The McRoberts Maneuver: The mother’s thighs are flexed tightly toward her abdomen while her hips are simultaneously shifted outward, creating a V-position. This raises the pubic symphysis by approximately 2 centimeters, flattens the sacrum, and widens the pelvic outlet — allowing the baby’s impacted shoulder to rotate and slip free. It is the first maneuver recommended by both ACOG and the Royal College of Obstetricians and Gynaecologists, and studies show it resolves approximately 42% of shoulder dystocia cases when used alone. Its success rate increases further when combined with suprapubic pressure. Because it is simple, fast, and non-invasive, there is rarely any justification for skipping it.
• Suprapubic Pressure: A nurse or assistant applies direct downward pressure just above the mother’s pubic bone. This pushes the baby’s impacted shoulder downward and inward, letting it slip under the pelvic bone. (Note: This is entirely different from Fundal Pressure—pushing on the top of the uterus—which is highly dangerous and can wedge the shoulder even tighter).
• Internal Rotational Maneuvers (Rubin or Woods’ Screw): The doctor inserts a hand into the vagina to gently rotate the baby’s shoulders into an oblique angle, mimicking the threads of a screw to free the shoulder.
• Delivery of the Posterior Arm: The doctor carefully reaches into the birth canal, locates the baby’s free arm (the one not stuck under the bone), and gently sweeps it across the baby’s chest to deliver it first, which instantly reduces the shoulder width.

If your delivery team panicked and failed to systematically apply these safe maneuvers, choosing instead to pull, yank, or apply lateral force to your baby’s head, they breached the accepted standard of care.

Debunking Hospital Excuses and Defense Tactics

When parents begin asking hard questions about why their baby’s arm is paralyzed, hospitals and their defense lawyers often deploy a predictable set of excuses to escape liability. Understanding these defense tactics can help you see through the medical gaslighting:

Excuse 1: “The injury was caused by natural maternal forces.”

The hospital may claim that the mother’s own uterine contractions or natural pushing forces — rather than any action by the physician — caused the nerve injury. This argument has some recognized basis in specific circumstances and should be understood carefully, not dismissed outright.

Medical literature acknowledges that two forces act on the brachial plexus during labor: the natural expulsive force of the uterus, and any traction applied by the delivering physician. When a baby is in a posterior position at delivery, it is medically accepted that uterine contractions forcing the baby downward can stretch the brachial plexus against the sacral promontory without any physician involvement. In those cases, the argument carries genuine weight and is more difficult to rebut.

However, when the baby is in an anterior position — where the shoulder is impacted behind the pubic bone rather than the sacrum — the medical and legal consensus shifts considerably. In that presentation, permanent nerve injuries, particularly ruptures and avulsions, are far more likely to result from excessive external traction than from natural propulsive forces alone. If your baby was in an anterior position and sustained a permanent injury, the natural forces argument deserves close scrutiny and should be evaluated by an independent medical expert.

The key in any case is establishing the baby’s exact position at the time of delivery, what maneuvers were performed and in what sequence, and what the delivery records document about the force applied. These facts — not the hospital’s general narrative — determine how much weight this defense deserves.

Excuse 2: “It was a sudden, unpredictable emergency.”

The hospital will argue that shoulder dystocia is an unavoidable event that no one could have anticipated, forcing the doctor to act quickly to save the baby’s life. On the question of predictability, medical authorities largely agree — ACOG’s official guidance describes shoulder dystocia as an unpredictable and unpreventable obstetric emergency, and studies confirm that risk factors carry poor predictive value for any individual patient.

However, unpredictability does not excuse poor management once the emergency occurs. The relevant question is not whether the doctor could have foreseen the shoulder dystocia, but whether they responded to it correctly. Physicians are extensively trained in a standardized sequence of safe maneuvers for exactly this scenario. Panic, speed, and the pressure of the moment do not justify bypassing that protocol. If the delivering physician skipped established maneuvers and instead applied excessive lateral traction to the baby’s head, that decision — made in the delivery room — is where the standard of care may have been breached. If these risks are present, a safe, scheduled Caesarean section should be offered to avoid labor entirely.

Excuse 3: “Most babies recover completely, so let’s just wait and see.”

Pediatricians may urge you to wait a year or more, claiming “it almost always goes away on its own.” While mild stretching (neuropraxia) can improve, the “golden window” for assessing nerve damage and performing surgical interventions (like nerve transfers or graft surgeries) is within the first 3 to 6 months of life. Delaying specialist evaluations because of vague assurances can cause your child to miss the window for life-changing surgery, leaving them with permanent, irreversible physical deformities.

Proving Medical Malpractice in Erb’s Palsy Cases

A diagnosis of permanent Erb’s palsy does not automatically establish that medical negligence occurred, but it does warrant a careful, independent review of everything that happened in the delivery room. The injury itself is not proof of wrongdoing — shoulder dystocia is a recognized obstetric emergency that can result in nerve injury even when physicians follow protocol. What matters is whether the clinical team’s response met the accepted standard of care.

The central questions are: Did the team recognize the emergency promptly? Did they apply the correct maneuvers in the right sequence? Did the delivering physician apply excessive lateral traction to the baby’s head? Did the injury occur despite proper technique, or because of a departure from it? When the answers to those questions point to a failure of protocol — and particularly when the delivery records, fetal monitor strips, and nursing notes are inconsistent or incomplete — the circumstances may well support a malpractice claim.

When parents ask, “Can you sue for Erb’s palsy?” the answer depends on whether the clinical team’s actions constituted a deviation from accepted medical standards. In evaluating an Erb’s palsy malpractice claim, the analysis typically centers on three core elements:

1. Breach of the Standard of Care: Proving that the obstetrician applied excessive downward lateral traction to the baby’s head, or failed to perform the standard, safe maneuvers (like McRoberts or Suprapubic pressure) in the correct sequence.
2. Causation: Directly linking the physician’s physical actions (pulling the head) to the tearing of the brachial plexus nerves.
3. Damages: Documenting the profound physical, emotional, and financial toll the injury will take on your child’s life—including the cost of specialized surgeries, decades of physical therapy, modified living requirements, and lost future earning capacity.

Protecting Your Baby’s Future and Legal Rights

It is important to understand that the majority of brachial plexus birth injuries do improve, and many resolve fully with early physical therapy. Permanent disability is not the inevitable outcome — in mild cases involving neuropraxia, most infants recover meaningful function within the first few months of life. However, in cases involving neuroma, rupture, or avulsion — particularly where there is no sign of recovery by 3 to 4 months — the risk of lasting impairment is real, and the window for surgical intervention is narrow.

If your newborn’s arm is limp, and you remember the medical team pulling on your baby’s head during a panicked delivery, you must act quickly — not to assume the worst, but to ensure your child receives the right evaluation and care. Medical institutions do not always proactively provide families with a complete account of delivery events, and early independent assessment is an important way to understand both the medical picture and whether the standard of care was followed.

Your first priority must be securing immediate, specialized medical intervention for your child. Tattered or stretched nerves require early, aggressive physical therapy, and in severe cases, specialized nerve graft surgeries performed by a pediatric neurosurgeon to give the child any hope of recovering function in their arm.

Your second priority should be seeking an independent legal investigation. A permanent brachial plexus injury can leave a child with a lifetime of physical limitations, deformity, and a lack of independence.

The medical records, fetal monitor strips, and delivery logs hold the truth about what happened in those frantic minutes. If you suspect medical negligence during shoulder dystocia caused your child’s injury, finding an attorney with substantial experience in birth injury and obstetric negligence cases is an important step in understanding your options.

Our team is available to review the circumstances of your child’s delivery, help you understand what the medical records show, and advise you on whether the facts of your situation may support a legal claim. Each case is different, and a consultation is the first step toward understanding your options. Contact us today for a free, confidential consultation.

Frequently Asked Questions

What is the difference between Erb’s palsy and a brachial plexus injury?

Brachial plexus injury is the broader term for any damage to the network of nerves running from the spinal cord through the neck and into the arm. Erb’s palsy is a specific type of brachial plexus injury affecting the upper nerves — C5 and C6 — and is the most common form seen in birth injury cases. It typically presents as weakness or immobility in the shoulder and upper arm, with the hand and fingers typically retaining normal or near-normal function, since the lower nerve roots controlling them are usually unaffected. Other brachial plexus injuries may affect different nerve roots and produce different patterns of weakness, including in some cases the hand and fingers as well. A specialist evaluation will determine exactly which nerves are affected and what that means for your child’s treatment and prognosis.

How soon should I seek a specialist evaluation?

As soon as possible. The first three to six months of life represent the most important window for assessing the nature and severity of a brachial plexus injury and planning treatment. If a child shows no meaningful improvement within the first three to four months, specialist evaluation for possible surgical intervention — such as nerve graft or nerve transfer surgery — should begin promptly. Early specialist involvement is important because the window for certain surgical interventions is time-limited, and delays in assessment can affect the range of treatment options available. Pediatric neurologists, pediatric neurosurgeons, and pediatric orthopedic specialists with experience in brachial plexus injuries are the appropriate specialists to consult.

What should I do if I think my child’s injury was caused by something that went wrong during delivery?

The first priority is your child’s medical care. Make sure they are receiving evaluation and treatment from a specialist experienced in brachial plexus birth injuries as soon as possible. The second step, if you have concerns about the circumstances of the delivery, is to preserve and obtain records. You are entitled to request a complete copy of your own medical records and your baby’s records, including the delivery notes, fetal monitor strips, and nursing documentation. These records are the foundation of any independent review, whether medical or legal. Consulting with an attorney experienced in birth injury cases can help you understand whether the records raise questions about how the delivery was managed and what your options may be. Many attorneys who handle birth injury cases offer an initial consultation at no charge, it is worth asking when you call.

Is there a time limit for filing a birth injury claim in Indiana?

Yes. Indiana law imposes strict time limits on medical malpractice claims. The general rule is that a claim must be filed within two years of the date the malpractice occurred. However, for children who were under the age of six at the time of the injury — which applies to all birth injury cases — Indiana law extends this deadline: the claim may be filed at any time before the child’s eighth birthday.

Indiana also has a mandatory pre-lawsuit process that is important to understand. Before a medical malpractice lawsuit can be filed in court, most claims seeking more than $15,000 in damages must first be submitted to the Indiana Department of Insurance, where a Medical Review Panel — consisting of three healthcare providers in the same specialty as the defendant and one attorney — reviews the evidence and issues a non-binding opinion on whether the standard of care was met. This process typically takes between eight and twelve months. Importantly, the statute of limitations is paused while the panel review is underway and for 90 days after the panel issues its opinion.

Because these deadlines and procedural requirements can significantly affect your ability to bring a claim, consulting an attorney experienced in Indiana birth injury cases as early as possible is important. Each case has its own facts and circumstances, and an attorney can advise you on the specific deadlines that apply to your situation.

At the Powless Law Firm, we dedicate our practice to helping families navigate the devastating aftermath of medical malpractice and birth injuries across Indiana. We have the experience, the clinical resources, and the relentless drive required to uncover the truth hidden within complex hospital records.

Contact the Powless Law Firm today at (877) 769-5377 for a free, completely confidential consultation. We will review your delivery story, help you obtain your child’s medical records, and fight to ensure your family receives the justice and support you deserve. There is absolutely no fee unless we win your case.

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The Powless Law Firm represents families across Indiana—from Indianapolis to Fort Wayne and Evansville—in cases involving birth trauma lawsuits, medical malpractice birth injury claims, and cerebral palsy lawsuits. As experienced medical malpractice attorneys in Indiana, we are here to listen to your story and help you find the way forward.

Call (877) 469-2864 now for a free, confidential consultation. There is no fee unless we win your case.