If your child has symptoms of Erb’s palsy after an Arvada, Colorado, birth injury, you may be able to hold the doctor or hospital responsible for the injury. These injuries are often preventable and occur as a result of medical malpractice. Your family can seek and possibly secure financial recovery in a settlement or civil lawsuit.
For a free review of your Erb’s palsy case in Arvada, call the Birth Injury Lawyers Group today at (800) 222-9529. We can talk to you about your case and help you get the answers you need.
Understanding the Risks and Causes of Erb’s Palsy
Erb’s palsy is a birth injury that most commonly occurs during a vaginal delivery, when the newborn’s head and shoulder are pushed in opposite directions with too much force. The force can stretch or tear the nerves of the brachial plexus, which controls movement and sensation in the shoulder, arm, hand, and fingers.
A brachial plexus injury can occur during delivery when one shoulder becomes stuck (shoulder dystocia), and the doctor or another practitioner needs to help the baby clear the birth canal.
Risk factors that increase the chances a baby could suffer this type of injury include:
- Large infants
- Small mothers
- A delivery that requires the use of forceps or vacuum extraction
- An extended second stage of labor
- A previous newborn with shoulder dystocia or a brachial plexus injury
Often, Erb’s palsy is diagnosed relatively quickly after birth. Doctors and nurses will be evaluating the baby regularly, and the symptoms are often obvious from birth if you know what to look for. Erb’s palsy affects the baby’s shoulder and upper arm. The baby will not move their arms normally and may not respond to stimuli on the arm. The limb may appear weak or paralyzed.
A doctor can generally diagnose Erb’s palsy based on a physical examination, although they may order an electromyography (EMG) and imaging scans such as an MRI or computed tomography (CT) scan. These tests are most commonly used if the baby does not begin to show improvement after several weeks of physical therapy.
Brachial plexus birth injuries can vary widely in severity. Some babies experience only stretching of the affected nerves, some experience a partial tear, and others have a full tear or a ripping away of the fibers from the spinal cord. Minor injuries may heal on their own, but more serious injuries require surgery for any recovery to occur.
Treatment for Erb’s palsy generally includes:
- Watchful waiting
- Physical therapy exercises, often with help from the parents
- Surgical intervention during the first year, if necessary
- Ongoing therapy and recovery for those who undergo surgery or have lasting injuries
While many children who sustain a brachial plexus birth injury do fully recover, others have lasting effects and limitations. If your child sustained a birth injury and has an Erb’s palsy diagnosis, the Birth Injury Lawyers Group can help you get a free review of your case and a better understanding of your legal options. Call (800) 222-9529 today to get started.
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Potentially Recoverable Damages in an Arvada Erb’s Palsy Case
Your Arvada Erb’s palsy lawyer can help you by gathering evidence and building a case to support an out-of-court settlement or taking your case to trial. The goal of either of these efforts is to recover compensation for the expenses and losses your family experienced as a result of your child’s Erb’s palsy. These damages could include:
- Current and future medical care, including surgery and hospitalization
- Physical therapy and other prescribed therapies
- Out-of-pocket expenses related to the birth injury
- Pain and suffering
- Other noneconomic damages
While it is impossible to know how much your case might be worth before gathering the necessary documentation of your damages, your Erb’s palsy attorney can help you understand what a fair settlement or just award might look like before settlement negotiations begin. There are many factors that can play into how much you may be able to recover.
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An Erb’s Palsy Lawyer Can Help You Build Your Case
To hold the doctor, hospital, or other negligent parties liable for your child’s birth injury and secure financial recovery, you will need to have a strong case proving the birth injury was preventable and only occurred because a care provider deviated from the acceptable standard of care. The evidence necessary to prove this includes:
- Medical records relating to the pregnancy and delivery
- The baby’s medical records
- Other related information, such as imaging scans and test results
- Expert medical witness testimony
- Documentation of your related damages
The expert witness testimony is key to any medical malpractice case. Without it, the judge and jury will not know the expected standard of care and how the care providers could have prevented your child’s injuries. Your attorney will identify a qualified, respected witness to provide this testimony on your behalf.
If your child suffered birth injuries in Arvada, or elsewhere in Jefferson or Adams County, call the Birth Injury Lawyers Group today at (800) 222-9529. You can get help today.
"We know first-hand what you are going through."
Understanding the Deadlines in Your Arvada Erb’s Palsy Case
Colorado law states that the victims of medical malpractice in Colorado generally have two years from the date they learn of the malpractice or three years from the date of the injury to file a lawsuit. However, this may vary depending on several factors, including whether the victim was an infant at the time of their injury.
The best way to determine how long you have to file a lawsuit in your Arvada brachial plexus birth injury case is to discuss your case with an Erb’s palsy lawyer who handles medical malpractice cases regularly in your state. They will be familiar with the law and can explain relevant deadlines based on the facts of your case.
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Talk to the Birth Injury Lawyers Group Today
If your child sustained injuries during delivery and you believe they may have been preventable, our Arvada Erb’s palsy lawyers are here to help. If your child received an Erb’s palsy diagnosis shortly after birth, the Birth Injury Lawyers Group is ready to take your call.
Get your case reviewed for free today. Call (800) 222-9529 now to get started.
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