If doctors diagnosed your child with Erb’s palsy shortly after birth, this type of brachial plexus birth injury could support a medical malpractice case. You could hold the Lakewood, CO doctor or hospital accountable for your family’s related medical bills, ongoing therapy costs, and other damages.
Call the Birth Injury Lawyers Group now at (800) 222-9529 to get a free case review based on your child’s diagnosis. You may qualify to take legal action and seek compensation with the assistance of a Lakewood Erb’s palsy lawyer.
For a free legal consultation with Lakewood Erb's Palsy lawyer, call 1-800-222-9529
Erb’s Palsy Cases Can Vary Widely in Severity
Erb’s palsy occurs as a result of an injury to the top portion of the brachial plexus, generally around the nerve roots C5 and C6, and sometimes C7. The damage to the nerves that causes Erb’s palsy can range from relatively mild to catastrophic. This scale includes:
- Least Severe Injuries: Neuropraxia, a stretching or bruising of the nerve fibers, allows for a complete recovery over the child’s first few weeks or months.
- Intermediate Injuries: Axonotmesis, a partial tear or injury to the nerve fibers, generally allows for a gradual recovery.
- Severe Injuries: Neurotmesis, when the nerve is completely torn in two or ripped away from the spinal cord, causes permanent injuries. Surgery may help regain some motion or sensation, but full recovery is unlikely.
There are also other types of brachial plexus birth injuries, although Erb’s palsy is by far the most common. These other injuries occur in the same way and may also support a birth injury medical malpractice case. These include:
- Klumpke’s palsy, an injury to C8 and T1
- Total plexus palsy, an injury that affects all nerve roots from C5 to T1
Treatment for Erb’s palsy and other brachial plexus birth injuries begins as soon as the child is diagnosed. The first week, the affected shoulder and arm are usually immobilized in a splint or brace to reduce swelling and stop additional damage. Then, physical therapy begins. The therapist or doctor will teach the parents a number of active and passive exercises to help the baby maintain range of motion during healing.
The doctor will likely monitor the baby for three to six months to see if they recover or show significant signs of improvement. If not, surgery may be necessary.
Surgery to identify the problem and repair or replace the nerves is not a guaranteed fix. According to case studies, about two out of every three children who underwent surgery show improvement in their sensation and movement once the nerves heal. However, this also requires:
- Regular monitoring every 8-12 weeks for up to two years
- Ongoing physical and occupational therapy
- Learning to adapt to doing things in non-traditional ways as their abilities allow
It is also important to note how a permanent Erb’s palsy injury can affect the child’s life in other ways, such as their self-esteem, socialization, quality of life, sports, activities of daily living, gaining independence, and more.
Call the Birth Injury Lawyers Group now at (800) 222-9529 to learn how a Lakewood Erb’s palsy lawyer from our team can help.
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Damages Recoverable in an Erb’s Palsy Settlement or Award
If you secure a negotiated out-of-court settlement or award in your Lakewood Erb’s palsy case, you will not only get justice for your child who suffered injuries because of someone else’s negligence, but you will also be able to recover compensation for your damages. This could include:
- Current and future medical care related to the birth injury
- Physical therapy, occupational therapy, and other therapies
- Adaptive equipment as recommended by therapists
- Out-of-pocket expenses
- Pain and suffering
- Other noneconomic damages
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Pursuing Compensation Based on My Child’s Lakewood Erb’s Palsy Diagnosis
Your birth injury lawyer will help you gather evidence to support your claim and build a case to present during settlement negotiations or in court. This evidence varies somewhat from case to case, but almost always includes:
- The relevant medical records
- Other records related to the pregnancy, delivery, and diagnosis
- Expert medical witness testimony about the acceptable standard of care
- Proof of losses, such as medical records, receipts, and other documentation
Your Lakewood Erb’s palsy lawyer will walk through the process of filing a medical malpractice claim on your family’s behalf, including satisfying the requirements for having a qualified medical expert review the case and agree you have a case. Many of these cases settle out of court without ever having to file a lawsuit. However, if a lawsuit is necessary, your attorney will represent you at trial and fight for an award based on your expenses and losses.
Reach out to the Birth Injury Lawyers Group now at (800) 222-9529 to learn more about how an attorney can help you seek financial recovery.
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Act Quickly to Pursue a Colorado Birth Injury Legal Case
If you believe you have a legal case against a doctor, hospital, birthing center, or another medical care provider in Lakewood, you will need to file a lawsuit before time runs out. Each state sets its own deadlines for filing this type of case. Your attorney will need to help you build a case, file a claim, and attempt a settlement before you file a lawsuit against the liable party or parties. This takes time.
It is important to discuss the facts of your family’s Erb’s palsy birth injury case with a lawyer who handles these cases in Colorado. This is the best way to understand the time restraints that apply to your case.
Reach Out to a Lakewood Erb’s Palsy Attorney to Learn About Options
The Birth Injury Lawyers Group is here to help if your child was diagnosed with Erb’s palsy or another brachial plexus birth injury in Lakewood or greater Jefferson County, Colorado. These birth injuries are often preventable. You may be able to file a medical malpractice birth injury claim or file a lawsuit to hold the liable parties accountable and recover compensation based on your family’s damages.
Call (800) 222-9529 today for a free review of your Erb’s palsy birth injury case. Initial consultations are always free for Lakewood families who believe their child was a victim of a medical malpractice birth injury.