If your newborn received an Erb’s palsy diagnosis shortly after birth, you may be eligible to pursue a payout to cover medical care, physical therapy, pain and suffering, and more. A Pueblo birth injury attorney may be able to help you hold the doctor or hospital responsible.
For a free case review, reach out to the Birth Injury Lawyers Group now at (800) 222-9529. Get help with your case and answers to your most pressing questions today. Birth injury medical malpractice attorneys serving Pueblo, Colorado handle these cases on a contingency basis.
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Erb’s Palsy Can Vary Widely in Severity and Impact
Most babies who sustain a brachial plexus birth injury recover movement and sensation within the first year of life. For this reason, doctors often employ a “watch and wait” approach, teaching the parents daily exercises that can help the child maintain muscle mass and range of motion while their nerves heal. However, these are complex injuries, and not all of them heal completely or at all without intervention.
In a brachial plexus injury, the nerves of the brachial plexus suffer stretching or tearing. These nerves provide motion and sensation in the:
- Upper arm
- Lower arm
This often occurs because of a difficult delivery and may be a sign of medical malpractice in some cases.
The most common type of brachial plexus nerve injury affects the upper nerves that connect the shoulder and upper arm to the spinal cord. This type of injury is known as Erb’s palsy. Babies are often diagnosed with Erb’s palsy quickly after birth. They generally will not move their shoulder or lift their arm, but will move their hand and fingers.
No matter how severe the injury, the symptoms are the same. This makes it almost impossible to know how significant the child’s injury is without monitoring their improvement and providing physical therapy for several months.
If the baby does not show signs of recovery during this time, your doctor will likely want to discuss running tests and considering more invasive treatment options. Surgery is sometimes necessary to provide your child with the best outcome possible.
The types of brachial plexus birth injuries include:
- Neurapraxia, a common stretching of the nerves that generally heals fully on its own
- Neuroma, a moderate injury where the nerve tears partially but not completely, allowing for some limited recovery
- Rupture, a tearing of the nerve fibers that will not heal without surgery
- Avulsion, a tearing of the root from the spinal cord that requires difficult surgical repair
Children who sustain a rupture or avulsion may live with significant limitations even after surgery.
You may be able to hold the doctor or hospital responsible for your child’s injuries accountable and recover a payout to help you cover the costs. You can get your case reviewed today for free. Call a Pueblo Erb’s palsy lawyer at the Birth Injury Lawyers Group now at (800) 222-9529.
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Damages Covered in a Pueblo Erb’s Palsy Settlement or Award
If your family has documented bills, out-of-pocket expenses, and other losses as a result of your child’s preventable birth injury, you can recover a payout that will help you pay for your child’s medical care. Every family experiences different expenses and losses—called damages—as a result of their child’s injury. Those whose children require surgery or have lasting impairments will likely be eligible for more compensation than those whose child recovers quickly.
Some common damages include:
- Current and future medical care related to Erb’s palsy
- Surgery, hospitalization, and ongoing therapy and care
- Any prescribed therapies
- Prescription medication
- Adaptive equipment
- Related out-of-pocket expenses
- Pain and suffering
- Mental anguish
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A Pueblo Erb’s Palsy Lawyer Can Build Your Birth Injury Case
If your child received an Erb’s palsy diagnosis in Pueblo, Colorado or in greater Pueblo County, you should discuss your options for legal action with an attorney who regularly takes on Colorado birth injury medical malpractice cases. Some of the laws that apply to birth injuries are specific, including laws relating to the deadline to take legal action and the actions you will need to take to prove your claim.
Your Pueblo Erb’s palsy attorney will be able to protect your right to pursue financial recovery while holding the negligent doctor or hospital administration liable. They will also work to collect evidence and identify a medical expert witness who can testify to the standard of care your baby should have received. This will allow your lawyer to seek a payout through:
- A negotiated settlement
- A lawsuit and out-of-court settlement
- A trial in civil court
If you want to learn more about how you may be able to seek damages for your family, get help today by calling the Birth Injury Lawyers Group at (800) 222-9529.
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Deadlines for Filing a Colorado Erb’s Palsy Birth Injury Lawsuit
Colorado law (Colorado Revised Statutes § 13-80-102.5) generally sets a deadline on medical malpractice cases that is two years from the discovery of the malpractice, although this cannot be beyond three years from the date the injury occurred. When it comes to birth injuries, though, some states allow for tolling the statute of limitations and apply other rules.
It is sometimes difficult to determine the deadline in a birth injury case without being an attorney who is familiar with the state laws and how the courts apply them. To learn how quickly you need to act in your family’s Erb’s palsy case, reach out to a birth injury attorney who knows Colorado laws.
Talk to a Pueblo Erb’s Palsy Lawyer About Your Colorado Case
If your child sustained a preventable injury during delivery, you may be able to hold the doctor or medical facility liable for the expenses and losses your family incurred. This includes Erb’s palsy and other brachial plexus birth injuries. You can get help today and get answers to your questions.
The Birth Injury Lawyers Group is available now by calling (800) 222-9529. You can get a free review of your Pueblo, Colorado birth injury case today.