Erb’s palsy is an injury to the nervous system that can arise during birth, sometimes because of one or more errors that the doctor who delivered your child — and perhaps others — made. It is worth investigating the circumstances of your child’s prenatal care and birth to understand whether medical negligence is to blame for the onset of your child’s Erb’s palsy, and whether you may be entitled to awards as a result.
Call our team at the Birth Injury Lawyers Group today at (800) 222-9529 to speak at no cost about your potential for obtaining compensation.
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Medical Negligence is One Cause of Birth Injuries
No parent expects their child to become part of such a small minority of children born with nerve damage characterized as Erb’s palsy.
When such injury happens, you must consider that negligence by one or more medical professionals may have caused it. Erb’s palsy results from physical strain to nerves that connect the spinal column to nerves in the shoulder, arm, hand, neck, and chest. Such physical strain was likely inflicted by an individual — more specifically, the person who cared for you while pregnant and the person who delivered your child.
Consider That Your Obstetrician Failed to Take Preventative Measures
The care that you receive while pregnant is arguably just as important as the care that you receive during labor and delivery. An obstetrician has a responsibility to monitor the health of you and your child throughout your pregnancy and take preventive and precautionary measures to ensure that your delivery goes as smoothly as it possibly can.
Failures by your prenatal physician that may have contributed to your child’s Erb’s palsy could include:
- Failure to conduct thorough genetic screening.
- Failure to monitor your child for possible risk of complications throughout your pregnancy.
- Failure to evaluate you for risk factors for having a large child (which may have led to a difficult birth).
- Failure to discuss with you how the relatively large size of your child (if it applies in your case) could result in a prolonged or complicated birth, as well as the risks inherent to birthing a large child.
- Failure to thoroughly evaluate your personal health history, including any past deliveries that you have been through.
- Failure by your obstetrician to inform you and their medical staff of the procedure should a birth present possible complications.
Much of the process of administering quality medical care lies in preparation. If your obstetrician was not thorough in administering your prenatal care, they may be guilty of negligence.
With this said, the delivery of your child is also critically important to preserving the newborn’s health, and this could be a stage where negligence resulted in your child’s Erb’s palsy.
Forms of Negligence During Delivery
Erb’s palsy can also be the result of a medical error committed during the delivery of your child, though such error may be the result of inadequate preparation beforehand. Some of the forms of medical error that may occur during delivery include:
- Being unprepared for a complicated birth such as a breech or prolapsed cord. This may result in your doctor delivering your child in a way that is not composed and more likely to cause injury.
- Not ordering a C-section delivery as soon as it becomes clear that your child’s health could be compromised by the conditions of a vaginal delivery.
- Taking an action that directly results in Erb’s palsy, such as pulling on the child’s arm to free them from the birth canal or taking any other action that causes damage to the brachial plexus.
In addition to any medical professionals who contributed to your child’s Erb’s palsy, you may also have a negligence-based case for compensation from the hospital where you gave birth.
Hospitals May Be Liable for a Doctor’s Negligence
In many cases, a hospital may be liable for the negligence of those that work within its premises, such as any doctor who was negligent in causing your child’s birth injury. The medical facility may be liable based solely on its employment of a doctor who commits negligence, but it may also have pervaded negligence on its own by:
- Failing to provide all of the resources necessary for a doctor to perform a safe delivery.
- Failing to thoroughly vet employees.
- Failing to maintain a sterile environment.
- Permitting employees to work in a state that is not conducive to safety, such as being fatigued or under the influence.
A Boulder Erb’s palsy lawyer will help you decide who is liable for your child’s birth injury and then proceed with your case for awards. Call our team at the Birth Injury Lawyers Group today at (800) 222-9529 for a free consultation regarding your case.
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Possible Compensation From an Erb’s Palsy Negligence Lawsuit
The goal of your Boulder Erb’s palsy lawyer will be to prove to the court that the defendants in your case contributed to your child’s Erb’s palsy, with the ideal outcome being compensation for your losses. If they are successful, you may be able to collect awards covering:
- The cost of rehabilitation for your child’s Erb’s palsy.
- Mental anguish that you and your child have suffered because of their birth injury.
- The cost of the care that ended up being negligent, whether it was prenatal or during delivery.
- The cost of childcare for any caregiver required to assist you in managing your child’s Erb’s palsy.
Every case is different, and your Boulder Erb’s palsy lawyer will rely on the details of your prenatal care and delivery as they attempt to obtain the compensation that you deserve.
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You pay nothing unless we secure compensation for you. Call us today at (800) 222-9529 for a complimentary case review.