Erb's Palsy Lawyer | Birth Injury Lawyers Group

Erb’s Palsy is a specific type of brachial plexus injury that affects the nerves that feed the shoulder and upper arm. A palsy is, by definition, a type of paralysis that generally includes weakness, the loss of sensation, and an inability to move the affected body part or parts. Erb’s palsy got its name from a doctor who discovered and described the injury, Wilhelm Erb.

Types of Erb’s Palsy

There are four basic types of Erb’s Palsy, including:

Neurapraxia: This is the most common form of Erb’s Palsy. It can heal on its own in about three months when the stretched nerve goes back to its original position.
Neuroma: With a neuroma, the damage from a stretched nerve will leave scar tissue. The nerve will heal, but it is not possible to fully recover so the child may need surgery or physical therapy afterward.
Rupture: A rupture tears the nerve rather than stretches it and can only be repaired by a doctor who grafts another nerve from a muscle in the baby’s body to give the child some feeling and flexibility back.
Avulsion: This is the most dangerous type of Erb’s Palsy. It occurs when the nerve is completely torn away from the spinal cord and cannot be reattached. It is possible for children to regain some motion in their arm after a surgical grafting procedure.

Symptoms of Erb’s Palsy

Parents should be on the lookout for the following indicators of Erb’s Palsy, which may be present if the child:

Has difficulty and pain when moving their arm;
Keeps their arm bent at the elbow and held against their body;
Has problems gripping toys or objects; and,
Is unable to make a fist on one side.

Causes of Erb’s Palsy

Erb’s Palsy is usually the result of a problem with the positioning of the baby during delivery. Prenatal visits to the doctor can help assess the baby’s size and position in the womb and possibly prevent this condition from occurring. Doctors may suggest a C-section if they suspect that the baby’s birth may be difficult. Other delivery situations that could result in Erb’s Palsy include the use of vacuum extraction forceps during delivery.

Erb’s Palsy is more common in infants with a high birth weight, mothers who have smaller body types, and mothers who have gained a significant amount of weight during their pregnancies. It is also seen more often during:

Breech births;
Difficult labor, especially if the second stage is longer than an hour; and,
Delivery where there is excessive pulling of the baby’s shoulders.

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What Is the Definition of Erb’s Palsy?

In simple terms, Erb’s palsy is a birth injury that generally occurs during delivery or shortly after birth. It is often preventable. Outcomes can vary widely from complete recovery of movement and sensation to lasting paralysis.

Erb’s palsy, also called brachial plexus palsy, is a type of brachial plexus injury. Erb’s palsy children experience difficulties with movement in the affected arm and shoulder. The birth injury of Erb’s palsy is usually a consequence of an obstetrician’s failure to properly handle the delivery complication known as shoulder dystocia when the baby’s shoulders become stuck in the mother’s pelvic region.

Erb’s palsy affects a child at birth, causing weakness in the shoulder and upper arm. Possible complications include lasting impairment, stiffness, and muscle atrophy. Physical therapy may begin as early as three weeks to help ensure the baby regains the use of the arm quickly.

Understanding Erb’s Palsy

The nerves of the brachial plexus supply feeling and movement from their location in the neck, shoulder, arm, and hand. When there is an injury to any of these nerves, it can affect how a child uses their arm, hand, and fingers. Because Erb’s palsy (Brachial Plexus Birth Palsy) affects the nerves serving the shoulder and bicep, this is where the symptoms occur.

The symptoms of Erb’s palsy may include:

Weakness in the shoulder and upper part of the affected arm
Loss of feeling in the upper part of the affected arm
Partial or total paralysis of the affected area of the arm

The severity of a brachial plexus injury depends greatly on the type of nerve injury suffered and how that injury heals. In general, there are four types of nerve injuries that can cause Erb’s palsy. Those nerve injuries include:

Neurapraxia: a mild type of nerve injury where the nerve stretches but does not tear
Rupture: where the nerve is torn into separate pieces
Avulsion: where the nerve tears at the root and separates from the spinal cord
Neuroma: where scar tissue forms during healing and causes additional pain or interference with nerve function

While each of these types of nerve injuries often receives the same conservative treatment, the severity of the injury may play a role in the child’s full recovery.

Erb’s Palsy and Brachial Plexus Injuries

Erb’s palsy affects a particular section of the brachial plexus, specifically the nerves that connect to C5 and C6, and sometimes C7. These nerve injuries can include stretching, tearing, ripping from the spinal cord, and scarring. Any of these types of injuries can lead to weakness, paralysis, and loss of sensation in the child’s shoulder and bicep. Typically, Erb’s palsy only affects one side of the body.

Most children eventually regain movement and feeling in their shoulder and arm, although this may not be complete. They may struggle with weakness on that side for the rest of their lives.

Many brachial plexus injuries are preventable. They occur in newborns during a difficult or prolonged labor, often because the baby is too large to be delivered vaginally without additional help. This is a condition the mother’s health care providers could have predicted and taken steps to address.

Alternatively, some cases of brachial plexus injuries, including Erb’s palsy, occur when the doctor or hospital staff member uses too much force or inappropriate force to tug or yank the baby. This may occur when the baby’s neck is stretched too far or if they pull the baby by its arm.

Babies with Erb’s palsy generally show symptoms immediately following birth. This may include:

Weakness in the affected shoulder and bicep
Loss of feeling in the affected arm
No movement in the shoulder or upper arm

The standard treatment for Erb’s palsy is physical therapy exercises performed by the parent and started when the infant is around three weeks old. Babies with an Erb’s palsy diagnosis usually begin to improve on their own, but physical therapy helps to prevent muscle loss, stiffness, contractures, and shoulder dislocation during the healing process.

In some cases, babies with Erb’s palsy do not show improvement with conservative treatment and may require surgery to repair the nerve or graft in a new one.

As they age, many children who had Erb’s palsy as infants will struggle with weakness or partial paralysis in the affected shoulder and upper arm. Complications may also develop that require surgical treatment to regain function or prevent loss of function.

Erb’s Palsy May Support a Medical Malpractice Birth Injury Case

When a doctor or another medical care provider causes or fails to prevent a preventable injury, the victim may be able to pursue compensation and hold the doctor or hospital liable for their losses. Recoverable damages may include:

Current and future medical care
Therapy and rehabilitation costs
Out-of-pocket expenses
Pain and suffering damages

When the injury is Erb’s palsy or another brachial plexus injury, the victim is generally an infant. The parents may act on the baby’s behalf to prove their case, file a claim, or take legal action. They may be able to recover a significant payout to cover their child’s current and future treatment and related care.

To learn if you can hold a doctor, hospital, or another medical care provider liable for your child’s Erb’s palsy based on the specific facts of your case, you should speak to a birth injury medical malpractice attorney in your state. Most malpractice attorneys offer free case reviews and handle these cases on a contingency fee basis.

Act quickly to talk to an attorney about your child’s Erb’s palsy. Each state has a statute of limitations that creates a deadline for filing a lawsuit in this type of case.

Talk to a Birth Injury Attorney Near You About Your Child’s Erb’s Palsy

If your child underwent treatment or has lasting effects from Erb’s palsy or another brachial plexus birth injury, you may have grounds to take legal action and hold the doctor or the hospital liable. To learn more about the strength of your case, you need to discuss your rights and legal options with a birth injury attorney in your state.

Call the Birth Injury Lawyers Group at (800) 222-9529 to get help today. You can schedule a free consultation to learn more about the options ahead.

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How Do I Determine Whether My Child Has Erb’s Palsy?

If you believe your newborn or older infant is exhibiting symptoms of Erb’s palsy or another brachial plexus nerve injury, you should discuss your concerns with a trusted doctor or another medical care provider. The sooner you call a doctor to determine whether your child has Erb’s palsy and treatment begins, the better.

In general, most babies recover fully from this type of birth injury, but there is a risk of lifelong impairment that includes limited use of the affected arm.

Signs and Symptoms of Erb’s Palsy Are Often Evident Immediately After Birth

In most cases, a pediatrician diagnoses Erb’s palsy and other types of brachial plexus injuries after hospital staff or parents notice tell-tale signs of weakness or paralysis in the affected arm. You should alert a trusted doctor if your newborn has signs or symptoms that include:

Weakness or paralysis in one arm
Loss of sensation in the upper arm
A “waiter’s tip” posture, holding the arm extended close to the body with the wrist flexed
Decreased grip in the hand of the affected arm

When the doctor examines your child to determine whether your child has Erb’s palsy, they will likely begin with a physical exam. They will look for signs of nerve damage that include numbness and full or partial paralysis of the arm. Then they will also check the baby’s Moro reflex. Babies with Erb’s palsy do not move their affected arm normally during this test.

The doctor may also request a number of tests to rule out damage to the collarbone or other bones or joints in the neck and shoulder. This could include:

X-ray
Ultrasound
CT scan
MRI

Depending on the severity of the injury, or if the injury does not heal on its own over time, the doctor may want to run tests to determine if the nerve still functions at all. This could include an electromyogram (EMG) or nerve conduction study (NCS).

Most neonates with Erb’s palsy recover with conservative treatment. Splinting and daily physical therapy performed at home help maintain range of motion and build strength while the nerves heal. Only a small percentage of children with Erb’s palsy require surgery.

Understand What Causes Erb’s Palsy and If Your Child Is At Risk

Erb’s palsy affects the network of nerves that connect the spinal cord with the shoulders, arms, forearms, hands, and fingers. When these nerves suffer damage, it can disrupt or stop sensation and muscle control in the affected parts of the arm. In Erb’s palsy, this includes the upper arm and sometimes the hand.

In newborns, brachial plexus injuries most commonly occur when:

There is a long, difficult labor and delivery
The baby is born breech, although they can also occur in head-first deliveries and even Caesarean (C-section) births
The baby’s shoulders are too big to fit through the birth canal
The baby is very large, or the mother is very petite
The doctor pulls too forcefully on one arm or the infant’s shoulders during delivery
Improper technique with forceps or a vacuum extraction device during delivery

Many cases of Erb’s palsy are preventable. Often, the doctor monitoring the mother’s pregnancy should have called for a C-section or used another technique to try to deliver the baby. There are protocols to follow when a baby’s shoulders become wedged in the birth canal to reduce the risk of this type of injury.

Effects of Erb’s Palsy

A child with Erb’s palsy has severely damaged brachial plexus nerves. The upper arm and shoulder become dysfunctional due to this nerve damage, causing a wide variety of movement difficulties ranging from weakness to paralysis.
Some children will lose complete use of their arm and shoulder and/or loss of feeling, preventing them from leading a normal life. While some children with Erb’s Palsy can make great progress with the help of surgery and physical therapy, other victims will go face each day with a challenging disability.

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Can Erb’s Palsy Be Fixed?

In many cases, the symptoms of Erb’s palsy go away completely or almost completely without medical intervention. Your child’s doctor will likely prescribe physical therapy to ensure your baby heals without losing their range of motion or experiencing significant muscle wasting in the affected shoulder and upper arm.

In other cases, however, the damaged nerves do not heal well on their own. This injury will either lead to lasting disability or require surgery to try to graft or repair the nerve. Surgery can help the child recover some sensation and movement in the arm, but it is not a fix to return normal function and sensation for the child.

Erb’s Palsy Nerve Damage May Heal on Its Own

Most newborns who suffer any type of brachial plexus birth injury recover fully or almost fully without the need for surgery or other intervention. While your doctor will closely monitor your child for signs of recovery for the first few months and re-examine them regularly afterward, it could be the child’s second birthday before you know for sure how completely they will recover. Damaged nerves heal slowly.

Can Erb’s Palsy Be Fixed with Physical Therapy?

The primary treatment for Erb’s palsy, by far the most common option to help newborns with this type of nerve damage, is daily physical therapy exercises performed at home with a parent’s help. These exercises generally begin around the time the baby is three weeks old and helps to maintain strength and range of motion until the nerves heal.

If your child requires this type of physical therapy, your doctor may refer you to a physical therapist who can teach you how to help your baby move their arm and shoulder to keep the muscles and joints limber and in good condition.

Some Babies with Erb’s Palsy Require More Invasive Treatment

If your doctor does not note a marked improvement in your child’s ability to move the affected shoulder and arm over the first 12 to 24 weeks, they may discuss the possibility of surgical repair with you. While nerve surgery does not generally restore normal functioning to the affected shoulder and upper arm, it can greatly improve the outcome for children who have no motor control over their shoulder or upper arm.

Nerve repair surgery is a type of microsurgery, requiring specially trained surgeons to use microscopes and tiny instruments to repair the damaged nerves. This surgery may include:

Grafting or splicing another nerve into the area damaged by the initial injury
Transferring a nerve from another muscle elsewhere in the child’s body into the spot where the damaged nerve would normally be, allowing some nerve signals to reach the shoulder and arm

Children who undergo either of these surgical repairs will likely need several months to years to heal completely and will give parents and doctors a good understanding of the level of functioning they will obtain. They may also require rehabilitation exercises, physical therapy, and occupational therapy as they recover and also following their recovery.

A Medical Malpractice Claim Could Pay for Your Child’s Erb’s Palsy Treatment

In many cases, Erb’s palsy is preventable. It occurs during delivery, either because a doctor or other medical care professional failed to prevent it, or caused it by using an improper technique to help deliver the baby. If your child required treatment or therapy for their Erb’s palsy, you may have grounds to pursue a birth injury medical malpractice claim or lawsuit.

To learn if you have a strong enough case to hold the doctor or hospital liable, you should contact an attorney who handles medical malpractice and birth injury cases. Free case consultation with a lawyer who understands how these cases proceed is the best way to determine your options.

If your attorney believes you have grounds to hold the doctor or hospital liable, they will:

Explain your rights
Help you understand the laws about pursuing this type of recovery in your state
Collect evidence and help you build your case
Represent you and your child’s best interests throughout this process
Explain the statute of limitations and other laws that limit how long you have to take legal action based on your state’s law

Filing a birth injury claim or lawsuit may allow your family to recover damages that include medical care costs, therapy and rehabilitation, ongoing care costs, out-of-pocket expenses, and pain and suffering damages.

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Is Erb’s Palsy A Disability?

Erb’s palsy prevents a baby from moving their arm and may lead to lasting problems with motor function and sensation even as the child grows up. For these children who have lasting symptoms, the nerve damage suffered during birth can become a lifelong disability.

With physical and occupational therapy, most children with lasting nerve damage from Erb’s palsy learn how to manage a wide range of self-care tasks and activities of daily living. They do not frequently have major impairments that prevent them from living independently, although their ability to participate in some activities may be affected.

Babies with Erb’s Palsy Generally Do Not Have Full Use of the Affected Arm

While Erb’s palsy often gets better on its own, babies with the condition generally have little use of the affected shoulder and upper arm while it heals. Most children who recover fully without intervention do so within the first two years. If there is a delay in healing, this could delay the development of some motor skills that require bringing both hands together or using both arms.

In cases where the baby does not fully regain the proper range of motion or motor control, they may require therapy to help them discover ways to work around the impairment to achieve tasks such as getting dressed and self-feeding. Children are often very adaptable, and the outcome of this type of therapy is generally good. Still, the child may struggle with some tasks their peers find easy.

Serious Brachial Plexus Injury May Require Surgery

Doctors will monitor your child’s recovery from their Erb’s palsy nerve injury very closely. They hope to see healing begin in the first few weeks of life and significant improvement within a few months, even though full recovery may take as long as two years. If the doctor does not note satisfactory progress, they may recommend a surgical repair.

If your child requires a surgical repair of their damaged nerves, they will likely have a temporary or permanent disability related to their birth injury. Nerve surgery is unlikely to restore the normal functioning of the nerve, although it can help significantly.

Following surgery, it could take years for the nerve graft or transplant to heal and begin working. You will not know how severe your child’s disability will be until the nerve heals, and they regain some movement and sensation. During this time, your child will likely require physical therapy and rehabilitation to help them build and maintain strength and range of motion.

You May be Able to Take Legal Action Based on Your Child’s Erb’s Palsy Disability

If your child suffered a birth injury and underwent treatment or has lasting impairments, you may have a legal right to hold the doctor or hospital liable. You may be able to recover compensation to help pay for medical bills, therapy, assistive equipment, out-of-pocket costs, pain and suffering, and mental anguish.

While recovering a payout will not make your child’s disability go away, it can give you the resources necessary to make it easier for them to live with it and maintain a high quality of life. To learn if your child’s Erb’s palsy diagnosis will support a medical malpractice birth injury claim, you should discuss your case with an attorney who takes on cases like yours.

A birth injury attorney can:

Review the facts of your case for free
Help you understand the merits of your case and your rights
Help you build a case against the doctor or hospital
Document your damages, including how your child’s disability affects their life
Meet the criteria for filing a malpractice claim in your state
File a claim or pursue a medical malpractice lawsuit on your behalf
Represent you throughout the process and fight for the payout your family deserves

It is imperative that you reach out to an attorney about your case as quickly as possible. Some states allow you to toll the statute of limitations for birth injury cases, but not all do. The deadline for taking legal action can vary widely from state to state.

Understanding Erb’s Palsy

The symptoms of Erb’s palsy may include:

Weakness in the shoulder and upper part of the affected arm
Loss of feeling in the upper part of the affected arm
Partial or total paralysis of the affected area of the arm

Neurapraxia: a mild type of nerve injury where the nerve stretches but does not tear
Rupture: where the nerve is torn into separate pieces
Avulsion: where the nerve tears at the root and separates from the spinal cord
Neuroma: where scar tissue forms during healing and causes additional pain or interference with nerve function

While each of these types of nerve injuries often receives the same conservative treatment, the severity of the injury may play a role in the child’s full recovery.

Long-Term Outcomes for Children Born with Erb’s Palsy

In general, most children born with Erb’s palsy have a pretty good long-term prognosis. Many heal entirely, but some continue to have problems with sensation and strength in the affected arm. Sometimes, additional complications occur. If there is scar tissue or a contracture that limits movement, your child may need surgery to repair the problem when they are older.

Be Aware of Your State’s Statute of Limitations on Birth Injury

There are time limits on how quickly you must act to pursue monetary compensation in a birth injury claim. These statutes vary by state. Your attorney can explain the birth injury statute of limitations and any laws that may allow you to toll the statute of limitations for a child victim in your state.

How Long Does Erb’s Palsy Last?

Most newborns who suffer a brachial plexus birth injury and have symptoms of Erb’s palsy will recover without medical intervention. Recovery generally begins within several weeks or months, and improvement should be apparent to your child’s doctor. However, nerves heal very slowly. It could take up to two years for the nerves to recover and your child to have full sensation and movement.

In some cases, though, a full recovery is not possible. The child may require surgery or other treatment, and many will still suffer some level of impairment related to their birth injury. In these cases, Erb’s palsy is a permanent disability the child will manage for the remainder of their life.

Most Children Recover Relatively Normal Function Within Several Months

Injured nerves heal very slowly, even when the injuries are relatively minor stretched or compressed nerves. When the nerves get torn in two or ripped away from the spinal cord, it could take years for them to heal fully.

In most children with Erb’s palsy, the child shows marked improvement in a few weeks to several months. Doctors generally know before three to six months if the child will heal on their own or if they require surgery.

Some children recover fully within three to six months. Your child’s doctor or a physical therapist will teach you how to help your baby perform physical therapy exercises until they regain a normal range of motion and ability to move on their own. Your child may need additional rehabilitation exercises to rebuild strength after they heal.

For Some Children, Erb’s Palsy Lasts a Lifetime

For some children, a brachial plexus injury like Erb’s palsy can be a lifelong disability. Some children never recover normal sensation, strength, and/or motor function in the shoulder and upper arm affected by Erb’s palsy. They may experience ongoing problems with a range of motion, purposeful movement, and pain or discomfort.

Even when children require nerve repair surgery following an Erb’s palsy diagnosis, there is no way to guarantee they will regain full use or strength in their arm. Often some weakness, sensation abnormalities, or movement limitations continue for several years or for the rest of their lives.

Children who live with disabilities related to Erb’s palsy may need ongoing physical therapy to prevent contractures and other complications. They may also need help from an occupational therapist who can help them to learn to manage self-care and other independent living tasks.

Your Child’s Erb’s Palsy Diagnosis May Warrant Legal Action

If your child required treatment or suffers lasting damage related to an Erb’s palsy birth injury, you may have enough evidence to pursue compensation in a medical malpractice case. Many brachial plexus injuries, including many cases of Erb’s palsy,are preventable. If your child’s doctor caused their birth injury or failed to prevent it, you may have a legal case against the doctor or hospital.

You and your family could recover compensation for your child’s past and future treatment and other damages, including:

Past medical care costs
Future medical care costs
Therapy and rehabilitation expenses
Any prescribed assistive devices or tools
Out-of-pocket expenses related to their diagnosis or treatment
Pain and suffering losses

To learn more about your legal options and the strength of your case, you will want to discuss your options with a medical malpractice birth injury attorney who regularly accepts this type of case in your state. Most birth injury lawyers offer free case reviews. You can talk to an attorney and learn more about your case without having to pay anything out of pocket.

If your attorney believes your child’s condition supports a birth injury claim, they can pursue a claim or medical malpractice lawsuit on your behalf. They can help you build your case according to the rules in your state and take legal action before your state’s deadline passes.

Is Erb’s Palsy a Permanent Condition?

Erb’s palsy is not necessarily a permanent condition. In fact, most babies who receive a prompt diagnosis and early treatment grow up to have no lasting effects from the condition. Rarely, infants with severe injuries to the brachial plexus do have lasting injuries and impairments.

Erb’s palsy is an injury to the upper nerves in the brachial plexus. This injury usually occurs during birth. In general, babies with Erb’s palsy cannot move their shoulder but do have movement in their hand and fingers.

Erb’s Palsy Can Have Lasting Effects But Does Not Always Cause Disability

Fortunately, almost all babies who receive a birth injury and suffer from Erb’s palsy as a neonate recover within a few months. Occasionally, surgery is necessary to repair the nerve, but most children who require surgery also recover completely. It is rare—but possible—that a child has a lasting disability from a birth injury that causes Erb’s palsy.

Erb’s palsy results from injury to nerve roots at vertebrae C5 and C6. These are the nerves that lead to the shoulder and upper arm. An infant with Erb’s palsy will have weakness, difficulty with motion, and problems with feeling in the affected arm.

Erb’s Palsy Symptoms Often Improve With the Right Treatment

Erb’s palsy is a type of brachial plexus injury. Most injuries of this type will heal on their own, although the best outcomes require close monitoring and physical therapy to maintain flexibility and build muscle.

If your child has Erb’s palsy, your doctor will likely want to see the baby frequently to keep tabs on the healing nerves and the baby’s recovery. Nerves grow slowly, so you should expect to have to do daily physical therapy, the most common treatment prescribed, with your child for six months to two years.

In rare cases, surgery may be necessary if there is a complete separation of the nerve from the spinal cord. Your doctor may discuss this with you if your baby shows no improvement after several months of physical therapy. Even babies who require surgery often fully recover from Erb’s palsy before their second birthday.

Is Erb’s Palsy Painful?

Erb’s palsy can be painful, depending on the damage suffered and how it heals. Erb’s palsy occurs because of temporary or permanent nerve damage to nerves that run from the brachial plexus to the shoulder, arm, hand, and fingers.

Erb’s palsy consists of damage to nerves that control sensory and motor function to the upper arm and shoulder. When these nerves suffer damage, it generally causes loss of sensation and paralysis. However, in some cases, it can also cause nerve pain in the deltoid, bicep, and brachialis.

Nerves Carry Signals About Pain, Pressure, and Temperature

Nerve damage can cause problems with movement and sensation anywhere in the body it occurs. This is because nerves transmit signals about motor function, feeling, pain, pressure, and temperature to and from the brain. When these nerves are severed completely, there is usually no sensation and no movement in the affected area.

However, then they suffer damage, such as when stretched or compressed, other, less predictable outcomes are possible. This may include sharp pains, chronic aching, tingling, and other discomforts.

Erb’s palsy occurs when there is damage to specific nerves of the brachial plexus, namely the ones that transmit signals back and forth to the shoulder and upper arm. Pain could result in Erb’s palsy from the initial injury or from the effects of efforts to restore sensation and function to the arm.

Scar Tissue and Other Complications May Also Cause Pain in Children with Erb’s Palsy

When healing, some damaged nerves develop a certain type of scarring known as a neuroma. This can occur following almost any type of brachial plexus nerve injury. This scar tissue presses against healthy parts of the nerve, causing serious nerve pain. Doctors can treat neuromas with microsurgery, and many children experience some, but not total, recovery.

Other complications related to Erb’s palsy can also cause pain. Nerve regeneration and healing take time, and some children never fully recover the use of the affected shoulder and arm. When the arm is not in use, muscles weaken and joints stiffen. This can lead to a painful condition called a contracture. Physical therapy and ongoing exercises can sometimes prevent this condition.

Weak muscles can also lead to soreness and pain with use. Children who have lasting impairments related to Erb’s palsy may require occupational therapy or other rehabilitative efforts to ensure they can use the arm for self-care and other activities of daily living.

Pain From Erb’s Palsy May Support a Medical Malpractice Claim

Erb’s palsy can be painful. If your child suffers from pain or discomfort related to an Erb’s palsy diagnosis, you may have a viable birth injury case. Often, Erb’s palsy is a preventable birth injury and occurs because the doctor or another medical care provider failed to prevent it or directly caused it. If this is what caused your child’s Erb’s palsy, you can take legal action to hold the doctor or hospital responsible.

The value of your case is impossible to know without a thorough investigation and documenting your damages, but a child with lasting pain or impairment will likely recover more compensation than a child whose injury healed fully on its own. Your medical malpractice birth injury lawyer will help you build your case and pursue damages that include:

Past and future medical treatment and care related to their injury
Physical therapy, occupational therapy, and any prescribed rehabilitation
Out-of-pocket costs related to their injury and care
Pain and suffering damages
Mental anguish related to their injury or impairment

It is important to discuss your case with a medical malpractice birth injury attorney who regularly handles this type of case in your state. Each state has its own rules regarding:

The requirements to file a lawsuit against a doctor or hospital
Necessary proof in a medical malpractice case
Time limits on how long you can wait to take legal action
If you can toll the statute of limitations because the victim was an infant

Your attorney can explain each of these to you based on the laws in your state. Then, if they believe you have a viable birth injury case based on your child’s Erb’s palsy, they will help you build a case and file a malpractice claim or civil lawsuit. Your attorney will represent you throughout the process, fighting for the best interests of your child.

What Nerves Are Damaged in Erb’s Palsy?

Erb’s Palsy is a type of brachial plexus nerve injury that affects the cervical roots at C5 and C6. In about half of all cases, there is also damage to C7. Damage at this top part of the brachial plexus causes loss of sensation, paralysis, and other problems affecting the deltoid, bicep, and brachialis muscles.

Damage to other nerves along the brachial plexus causes other types of birth palsies. Many brachial plexus nerve injuries are preventable.

Understanding Erb’s Palsy and Brachial Plexus Nerve Injuries

Nerves play a critical role in the body’s ability to transfer information about movement and sensation between the brain and the muscles. When nerves sustain damage and can no longer communicate, it can cause paralysis, loss of sensation, pain, and other symptoms.

The most common nerve damage that occurs in newborns is damage to the nerves of the brachial plexus. The brachial plexus is a network of nerves that runs between the spinal cord and the shoulder, arm, and hand. Birth injuries to the nerves of the brachial plexus can vary widely in severity and may include:

Relatively minor injuries, known as neuropraxia, which allow for complete or almost-complete recovery without medical intervention
Intermediate injuries sometimes called axonotmesis, which generally leads to a full or almost full recovery although this can take many months or even several years
Severe injuries, known as neurotmesis, often involving a complete tear of the nerve or ripping of the nerve roots from the spinal cord, leaving the child with some level of permanent injury even after surgery

Additional Nerve Injuries in Newborns with Erb’s Palsy

While all Erb’s palsy cases involve the nerve roots at C5 and C6, and many involve the root at C7, other nerves can also suffer damage. In about five percent of Erb’s palsy cases, there is also damage to the nerve roots at C3 and C4. This injury includes the phrenic nerve, the nerve that controls the diaphragm. With paralysis affecting half of the diaphragm, the child may experience some respiratory problems.

In rare cases, a brachial plexus injury leading to Erb’s palsy can also affect the stellate ganglion, which includes the sympathetic nerves of the face. This injury can lead to a condition known as Horner’s syndrome, including:

Constriction of the pupil on the affected side of the face
Drooping of the upper eyelid on the affected side of the face
Impairment or absence of sweating on the affected side of the face

Related Brachial Plexus Injuries

In addition to Erb’s palsy, there are also other types of brachial plexus birth injuries that can cause a newborn to suffer the loss of motor control and sensation. The type of palsy they suffer depends on the affected nerves. This includes:

Klumpke’s palsy, damage to the nerves at C8 and T1 roots
Total plexus palsy, damage to the nerve from at least C5 to T1

Brachial Plexus Nerve Injuries May Support a Medical Malpractice Action

Brachial plexus nerve damage in a newborn is often preventable. If your child has an Erb’s palsy diagnosis, you may have a birth injury medical malpractice case against the doctor or hospital. To learn more about your rights and how to pursue compensation on behalf of your child and your family, you may want to discuss your case with a birth injury lawyer who handles this type of case.

Your lawyer can explain your options and help you build your case. They will know how to navigate the medical malpractice claims process and the evidence necessary to prove a birth injury case.

Each state has its own time limits for taking legal action and holding a negligent doctor or hospital liable. For this reason, you should contact a lawyer for a complimentary consultation as soon as possible.

You may be eligible to recover damages that include:

Past and future medical care costs related to your child’s birth injury
Physical and occupational therapy expenses
Any related ongoing care costs
Out-of-pocket expenses related to your child’s injury or treatment
Pain and suffering and other noneconomic damages

What Is The Treatment Of Erb’s Palsy?

Erb’s Palsy and other brachial plexus birth injuries generally respond well to treatment. Many children can recover most or all of the lost sensation and motor control through conservative treatment, although surgery is sometimes necessary.

Some children continue to battle ongoing weakness and other effects of the palsy even after they regain the use of their shoulder and upper arm. In addition, complications are possible and may require surgery or other treatment later.

At-home physical therapy and other conservative treatments usually help an infant recover feeling and movement in the affected arm during the first few months of life. A physical therapist will need to teach the parents or other caregivers Erb’s palsy exercises to use with the child, usually beginning around the third week. These exercises are key to maintaining flexibility, increasing muscle strength, and ensuring a full range of motion.

In some cases, conservative treatment may not work, and the child does not regain the use of their shoulder and/or bicep. If this happens to your child, your doctor may recommend surgery to repair the nerve, such as nerve graft from another area of the body, or other surgical options.

If surgery is not a viable treatment, the doctor may prescribe physical and occupational therapy so the child can learn new ways to handle age-appropriate tasks without the use of their arm.

Long-Term Outcomes for Children Born with Erb’s Palsy

Conservative Treatment of Erb’s Palsy

Doctors generally diagnose Erb’s palsy shortly after birth or within the first few days of a child’s life. Conservative treatment is generally prescribed and includes daily physical therapy exercises beginning around three weeks of age.

Because the baby cannot move the shoulder and arm and does not have the cognitive ability to follow instructions if they could, parents play a crucial role in this physical therapy. Physical therapy will not help repair the nerves, but it will keep muscles strong and joints loose while the body heals on its own.

If your baby just received an Erb’s palsy diagnosis, you can expect their doctor or a physical therapist to help you understand how to do the required exercises. By doing these exercises as prescribed, your child should retain muscle mass and range of motion in the affected shoulder. Without physical therapy, your baby also runs the risk of complications that include shoulder dislocation and joint contracture.

Surgical Treatments of Erb’s Palsy

In some cases, brachial plexus nerve damage is too severe to heal on its own or there is scar tissue causing additional concerns. It could take three to six months for your child’s nerves to begin to heal. Their doctor should monitor their progress during this time. If there is little to no improvement, additional treatment may be necessary.

The doctor will likely order additional tests to understand the injury better and to help determine the best type of surgery. The most common options include:

Microsurgery

Microsurgery is helpful to remove scar tissue or manage other concerns related to Erb’s palsy when the nerve is allowing signals to pass. This type of surgery uses microscopes and tiny instruments to perform precise work on the nerve, nerve roots, and other structures.

Nerve Grafting

In some cases, surgeons can splice together the damaged nerve with a nearby undamaged nerve, allowing nerve signals to pass through a previously ruptured pathway.

Nerve Transfer

If nerve grafting is not a good option, your child’s doctor may recommend a nerve transfer. This procedure harvests a nerve from another muscle somewhere else in the body and transfers it to the spot currently occupied by the damaged nerve. This may restore some movement and function to the affected arm.

Nerves heal slowly, so it could take months or up to a year or more for your child to recover as fully as they will from Erb’s palsy. Even after surgery, it may take several months before you know if it was successful. During this time, your child will need to complete additional physical therapy and rehabilitation exercises several times a day.

Your Child’s Erb’s Palsy May Support a Medical Malpractice Birth Injury Case

While there are treatments available for Erb’s palsy, many children will continue to struggle with weakness or complications throughout their lives. If this happened to your child, you may have a viable medical malpractice birth injury case against the doctor who delivered your child or the hospital where they were born.

Many cases of Erb’s palsy are preventable and occur because of a medical professional’s negligence. Tugging too hard on the baby during delivery, putting inappropriate force on the baby’s neck, or failing to call for a c-section when necessary are all possible causes of brachial plexus injury.

To learn about the strength of your case, you should schedule a free case review with a medical malpractice birth injury attorney. They can not only evaluate your case but also help you collect evidence and prove your damages, as well as explain the time limits that apply to your case based on your state’s laws.

If your child underwent treatment or has lasting damage from Erb’s palsy, you may have a viable medical malpractice birth injury case. It would be best to discuss your situation with an attorney who regularly handles such cases in your state.

Call the Birth Injury Lawyers Group at (800) 222-9529 to schedule a free consultation to get started on your case today.

Could My Child’s Erb’s Palsy Have Been Prevented?

It is possible that your child’s Erb’s Palsy could have been prevented if medical malpractice occurred during birth.

Erb’s Palsy is generally seen as an avoidable injury. The condition causes nerve damage and disrupts mobility, and generally occurs during delivery when a baby’s neck is unnaturally stretched as its head and shoulders go through the birth canal. Erb’s Palsy may also occur if there is trauma to the neck during the first few months of life.

During delivery, your healthcare providers should be aware of the risk factors associated with Erb’s Palsy and take steps to prevent unnatural stretching of the infant’s neck during birth. If your doctor did not take appropriate action to mitigate the risk of Erb’s Palsy during birth, they may be guilty of medical malpractice and liable for your child’s injuries.

There are steps that medical professionals can take to reduce the risk of Erb’s Palsy. If these steps were not taken, you may be able to demonstrate that your child’s condition could have been avoided had the delivery team not been negligent.

Negligence and the Standard of Care

If your healthcare provider acted in a negligent manner or did not provide the appropriate standard of care, parents or legal guardians have the right to file a lawsuit against the responsible party.

Your Erb’s Palsy compensation claim may cover economic damages such as medication, physical and occupational therapy, surgery, medication, doctor’s appointments, and lost wages. The claim may also cover physical and emotional pain and suffering and loss of enjoyment in life, but only in some states.

The statute of limitations is different in each state. Call the Birth Injury Lawyers Group at 1-800-222-9529 to connect with a lawyer in your state.

What to Do If You Are Unsure If Your Baby’s Erb’s Palsy Was Caused by Medical Malpractice

The most common reasons why Erb’s Palsy can be the result of medical negligence include:

The doctor’s failure to monitor for signs of fetal distress;
The doctor pulling on the baby’s arms too forcefully;
The doctor failing to do an emergency C-section in a difficult delivery situation; and
The doctor using tools, such as forceps or a vacuum extraction tool, improperly.

What Kind of Treatments are Available for Children with Erb’s Palsy?

The treatment prescribed for a newborn with Erb’s palsy can vary based on the severity of their injury. In general, most children respond favorably to a conservative approach with supportive physical therapy performed daily at home with the help of a parent.

Babies with Erb’s palsy require close monitoring by a doctor or therapist to ensure the nerves are healing and more invasive treatment is not necessary. In some cases, surgery is necessary to help repair the nerves. Rarely, in the most severe cases, children never fully recover the sensation or movement lost because of their brachial plexus birth injury. Treatments are available for children with Erb’s Palsy which can often aid in their development and quality of life.

Conservative Treatment Is the Gold Standard in Most Erb’s Palsy Cases

Physical therapy (PT) or occupational therapy (OT) are very common treatments for newborns with Erb’s palsy. Doctors may also recommend a splint for the baby’s shoulder or arm. A therapist will provide this splint as well as explain how you should use it. Splinting may help support the affected joint and help the baby maintain range of motion until they regain movement and function.

As the parent, you play a key role in your child’s therapy. Your therapist will teach you how to perform exercises and massage techniques that will encourage movement, improve motor skills, and help your baby keep moving the affected arm. Daily physical therapy may continue for three to six months, or even longer.

Surgery for Erb’s Palsy

Occasionally, severe injuries to the brachial plexus require surgery to help the child regain function in the affected arm. This type of micro nerve surgery may not restore full function, but it can limit your child’s disability.

There are two types of microsurgery usually performed for Erb’s palsy. This includes:

Nerve Grafting: In some cases, surgeons can take a donor nerve graft from another part of the child’s body and splice it into the damaged nerve, allowing the damaged nerve to communicate with the spinal cord and brain again.
Nerve Transfer: A nerve transfer is similar to nerve grafting except the surgeon will remove a complete nerve from another muscle and use it to create a new nerve pathway between the spinal cord and the affected muscles in the upper arm.

The need for surgical repair is uncommon but does occur. When your child undergoes this type of procedure, it could take months or even years to heal fully. Nerves grow and heal slowly, so your child will need regular monitoring to ensure progress during this time.

Most Erb’s Palsy Brachial Plexus Injuries Heal Completely Over Time

Erb’s palsy occurs when the nerves that connect the baby’s upper arm to the spinal cord suffer damage, usually during a birth injury. The injury occurs where the baby’s fifth and sixth cranial nerves merge, forming the top of the brachial plexus.

A prompt diagnosis and proper treatment are key for getting the best outcome in an Erb’s palsy case. Often, neonates display symptoms of this condition, and attentive staff identifies signs in the baby’s first hours of life. Diagnosis, before the baby goes home, allows treatment to begin almost immediately. With early treatment, you may begin to see improvement in just a couple of weeks. The rate of complete recovery from Erb’s palsy is 80 to 96 percent, according to a study in Paediatric Child Health.

Can You Sue For Erb’s Palsy?

In many cases, families of newborns who suffer from Erb’s palsy have a strong enough case to support filing a birth injury lawsuit or taking other steps to pursue compensation on their child’s behalf. Erb’s palsy and other brachial plexus birth injuries are often preventable if the doctor takes proper precautions after noting certain risk factors.

In other cases, it is the doctor or other care provider’s own careless or negligent actions that cause the injury. This injury can happen during a difficult labor when the doctor uses too much force or an improper technique to try to deliver the baby. This negligence may also support a legal claim against the doctor or hospital.

Erb’s Palsy Can Require Medical Intervention and Cause Lasting Impairment

Parents who consider pursuing compensation based on their child’s Erb’s palsy diagnosis will need to work closely with their lawyer to build a strong case. Each state has its own rules for the type of evidence–usually a medical expert witness–to prove a birth injury case. In addition, your lawyer should help you document how the injury affects your child’s life and other damages your family suffers because of the injury.

When Erb’s palsy requires surgical intervention, the cost of microsurgery to graft or transfer a nerve is often very expensive. Children who do not recover full movement and sensation, whether they require surgery or not, may need additional therapy, including physical therapy and occupational therapy. They may also suffer complications that include:

Weakened muscles in the affected arm
Slowed growth of the affected arm
Poor range of motion in the affected shoulder
Contractures

Occupational therapy can help the child master many self-care tasks and activities of daily living, but this type of injury can prevent them from participating in some activities with their peers. As a result, an Erb’s palsy birth injury may affect their quality of life and self-esteem.

Erb’s Palsy Is Often Preventable

In most cases, it is possible to prevent Erb’s palsy. While it does sometimes occur naturally as a result of a difficult birth, doctors should be able to identify the risk factors of a difficult birth and determine if the baby is at an increased risk of a brachial plexus injury or a host of other possible birth injuries. Sometimes, it is safer to call for a cesarean (c-section) delivery than risk the possible birth injuries.

A c-section may occur in many situations where there is an increased risk of Erb’s palsy, including:

When the baby will likely have a high birth weight
When the baby is very large compared to the size or shape of the birth canal
When the baby is breech (feet first)
When there are other risk factors for a prolonged labor

In addition to failing to prevent an Erb’s palsy birth injury, there are some instances when a doctor’s actions directly cause this type of brachial plexus nerve injury. This injury can occur when there are complications during delivery, and the doctor uses inappropriate force or improper techniques to:

Turn the baby
Move the baby down the birth canal
Pull or tug on the baby
Free a shoulder stuck behind the mother’s pubic bone

No matter whether the doctor or other medical care providers caused the injury directly or failed to prevent the injury, your child’s Erb’s palsy diagnosis may support a birth injury claim. Discuss your case with a medical malpractice lawyer to learn more.

Erb Duchenne Palsy Is Often a Preventable Birth Injury

Erb Duchenne palsy, like other brachial plexus injuries, is often the result of medical negligence or carelessness on the part of the doctor delivering the infant. In some cases, it occurs because the doctor pulled or tugged on the baby’s arm during delivery. Erb Duchenne palsy can also occur because the baby is too large for a vaginal birth. Either of these situations may support a birth injury medical malpractice claim.

The best way to learn about your legal options if your child is diagnosed with Erb palsy is to discuss your case with an attorney who handles birth injury medical malpractice claims in your state. They can review the facts of your case and explain your options for pursuing financial compensation for your economic and noneconomic losses on behalf of your child.

Your attorney will help you build a case against the doctor, hospital, or medical care provider who caused your child’s nerve injuries. You may be able to recover compensation for damages that include:

Medical care costs, including surgery and therapy expenses
Out-of-pocket costs
Pain and suffering damages

Be Aware of Your State’s Statute of Limitations on Birth Injury

Your Birth Injury Lawyer Can Help You Build an Erb’s Palsy Medical Malpractice Case

Most birth injury lawyers offer free case reviews to families whose newborns suffered a brachial plexus injury at birth. You can work with a lawyer to build a strong case, prove your economic and noneconomic damages, and pursue compensation to cover your:

Past and future medical care costs related to your child’s birth injury
Therapy and rehabilitation expenses
Out-of-pocket expenses related to their injury or treatment
Pain and suffering damages

You should consider discussing the strength of your case with your lawyer as soon as possible. Each state has rules about how long you can wait to take legal action, and only some of them allow you to toll this statute of limitations for newborn medical malpractice victims. A lawyer who practices birth injury law will know the applicable deadlines and work with you to meet them.

How Can My Claim Help My Child’s Erb’s Palsy?

Your claim can help your child’s Erb’s Palsy by recovering damages to pay for medical expenses, cover ongoing costs, and ensure a lifetime of quality care. You should not be responsible for the costs associated with your healthcare provider’s negligence.

Erb’s Palsy generally occurs during childbirth when the nerves in a baby’s neck become stretched or torn when the doctor is delivering the baby through the birth canal. This nerve damage can impact a child’s mobility and cause paralysis in their arm.

If your child experiences pain when moving their arm, holds the affected arm against their body, has problems gripping objects, or cannot make a fist on one side of their body, they may be exhibiting common symptoms of Erb’s Palsy. Filing a claim for compensation and recovering damages will ensure that your child receives the medical care they deserve for the rest of their lives.

Erb’s Palsy is an Avoidable Injury

Erb’s Palsy is viewed as being potentially preventable, and an avoidable injury that is typically the result of the baby’s position immediately before delivery. It is more common in babies with higher birth weights, mothers who have gained weight during their pregnancies, and mothers who have a petite stature.

Medical professionals can assess the baby’s size and position in the womb during prenatal visits but cannot predict how difficult a birth may be. If they suspect that a baby will have a breech birth, they may suggest that the mother have a C-section to avoid excessive pulling on the baby’s shoulders. Injuries to the baby can also occur if the doctor misuses tools, such as vacuum extraction forceps, during delivery.

Why File a Lawsuit Against the Healthcare Providers Who Delivered Your Baby

If you are the parents or legal guardians of a child with Erb’s Palsy, you have the right to file a lawsuit against the party responsible for the injury. In an Erb’s palsy compensation claim, you can pursue economic damages including, but not limited, to:

The cost of existing medical care and treatment
The cost of future medical care and treatment
The cost of medications
The cost of rides to and from medical appointments
Surgical costs
Physical therapy
Occupational therapy
Lost wages

In some states, the claim may also cover ‘pain and suffering’ and loss of enjoyment of life. You may also want to hold medical professionals accountable and prevent future cases of Erb’s Palsy from happening by raising awareness among medical professionals.

How to Determine if Your Baby’s Erb’s Palsy Was Caused by Medical Malpractice

If it is difficult for you to remember the details of your child’s delivery, an attorney can help you determine if the doctor’s behavior may have caused or contributed to your child’s condition. Medical professionals are required to provide a standard quality of care. If they did not, and their negligence resulted in injuries to you or your baby, you are entitled to pursue compensation for your damages.

Erb’s Palsy Lawsuits

If you think that the medical care you received when you delivered your child was substandard and your child is showing signs of Erb’s Palsy, contact the Birth Injury Lawyers Group today at 1-800-222-9529. We can connect you with a birth injury lawyer in your state who can help you determine if medical negligence or malpractice played a role in your child’s condition. You have a limited time to file a claim in your state; call today to get started right away with a lawyer near you. Your claim can help your child’s Erb’s Palsy diagnosis by potentially securing a settlement that would help pay for medical costs and other similar complications related to your child’s condition.

What Kind Of Financial Support Is Available For Children With Erb’s Palsy?

Children with Erb’s palsy may require specialized medical treatment for months following their birth or initial diagnoses. In some cases, their medical care can go on for years. When you are faced with those types of medical bills, you need to be fully aware of what financial support is available for children with Erb’s Palsy.

Filing a lawsuit for medical malpractice is one way to ensure you can afford the ongoing medical expenses for your child’s Erb’s palsy treatment plan. If your child’s birth injury leads to a disability, they may also be eligible for financial support from the government.

Available Compensation in an Erb’s Palsy Lawsuit

The compensation available depends on the severity of your child’s Erb’s palsy and whether the injury will continue to affect your child. Damages might include:

Medical bills (current and future)
Pain and suffering
Lost wages if you needed to take off time to care for your child
Mental anguish
Disfigurement

The Steps You Must Take to File a Medical Malpractice Claim

Filing a medical malpractice claim means you must be able to demonstrate that the physician treated you (or the child you are filing on behalf of) with negligence that resulted in an injury. You must be able to prove all four of the following important legal elements:

Your treating physician had a duty to uphold the standard of care
Your treating physician breached their professional duty
An injury occurred as a result of that breach of duty
Damages resulted from that breach of duty

Monetary damages are important when your chief concern centers around providing the best prognosis and outcome for your child. That means ensuring they get the best care available for as long as they need it.

Be Aware of Your State’s Deadline for Filing a Medical Malpractice Claim

Financial support is available for children with Erb’s Palsy when you hold the right people responsible for your child’s birth injury. When you file a claim for a birth injury your child suffered due to physician error, medical negligence, or neglect, your state imposes certain restrictions on the time you must file your lawsuit.

The statute of limitations determines the amount of time you must file a claim.
The statute of repose enacts an absolute deadline, regardless of the circumstances.

In some cases, the statute will toll (i.e., pause) for minors until they turn 18. An attorney can help you successfully navigate the time restrictions set by your state and ensure your lawsuit is filed on time.

Determining the Parties Liable for Your Child’s Birth Injury

Responsibility for your baby’s birth injury can be difficult to determine without professional intervention. Liability hinges on several factors as well as a review of the medical records for you and your baby.

Responsibility could fall to the OBGYN who treated you during your pregnancy and delivery. It might also fall to other members of the health care team, drug manufacturers, laboratories, or the hospital where your baby was born. Your attorney can help you successfully assign liability and fault in your birth injury claim. Assigning fault can help you determine what financial support is available for children with Erb’s palsy.

Determining Other Sources of Financial Support

In addition to filing a medical malpractice lawsuit, your child might be eligible for governmental programs that help support their daily needs and ongoing care.

The Social Security Administration has programs for which your child might be eligible—Social Security Disability Insurance and Supplemental Security Income. In most cases, you can find eligibility requirements, important contact info, and even full applications for these programs and benefits online.

A diagnosis of Erb’s palsy is only the beginning of the road for you and your child. When you are ready to discover what financial support is available for children with Erb’s Palsy, call the Birth Injury Lawyers group at (800) 222-9529 to get connected with a lawyer in your area.

Discuss Your Case with an Attorney Near You Today

If your child has Erb’s Palsy and requires surgery or experiences lasting effects, you should consider discussing your legal options with a birth injury attorney near you today. Call the Birth Injury Lawyers Group at (844) 907-0759 today to get started right away.

Delivery is an inherently risky event and some instances of Erb’s palsy are not preventable. However, the majority of cases result from a medical professional’s lack of competence during delivery. Experienced birth injury attorneys should have successfully handled many cases where an obstetrician or other medical professional did not order the appropriate tests, failed to identify a mother’s increased risk for shoulder dystocia, or used excessive force on a child during delivery.

Erb’s Palsy Litigation

When a doctor you trust acts erratically and diverts from the accepted standards of care for delivery, he or she can be held legally responsible for the brachial plexus injury that results. Your attorney will need to obtain detailed information about your legal rights to financial compensation and your child’s condition, including Erb’s palsy diagnosis, symptoms, and causes.
To talk to a skilled legal team about your Erb’s palsy questions, please contact the Birth Injury Lawyers Group.

File a Lawsuit on Behalf of Your Child

A birth injury lawyer for infant surgery malpractice can help you understand the complexities of a birth injury or medical malpractice lawsuit. Medical malpractice is defined as negligence on the part of a doctor, nurse, or other health care provider. It forms the basis for your lawsuit. An attorney can help you prove your physician or other hospital personnel failed to provide the standard of practice you and your baby were entitled to.

If you believe you have a birth injury claim, speak to an attorney who can help you successfully navigate the ins and outs of the legal system. Make sure your attorney knows the details of your labor and delivery because these details play a significant role in your case. When you call the Birth Injury Lawyers Group at 1-844-908-0346 to schedule your free consultation, discuss them with your attorney to help bolster your lawsuit.

Meet Important Filing Deadlines

Like every state in the US, yours has a statute of limitations that governs the time you have to file your lawsuit and meet other important deadlines and time restrictions. Your state may also have a statute of repose and a legal principle known as tolling for minors that could play a significant role in your case.

The birth injury lawyer for infant surgery malpractice who takes on your case can explain how these time constraints might affect your lawsuit. Your attorney can also help you understand the data and documentation you need for your birth injury lawsuit. You and your son or daughter may be entitled to a monetary award for current and future medical costs. Your attorney can help you receive it.

Contacting a Birth Injury Lawyer to Explore Your Legal Options

If your child is the victim of a birth injury that requires surgery to improve their daily functionality and future prognosis, a birth injury lawyer for infant surgery malpractice can help you understand your legal options. Your attorney can also help you determine your possible financial recovery options. Explore the merits of your case when you complete the brief form on this page or call the Birth Injury Lawyers Group at 1-844-908-0346 today.

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