If your infant sustained a preventable birth injury caused by medical malpractice, you might be able to take legal action to hold the doctor, medical facility, or another liable party accountable. A birth injury attorney can help you understand your rights and take legal action on your behalf.
For a free review of your child’s Erb’s palsy case, call the Birth Injury Lawyers Group today at (800) 222-9529. A Westminster Erb’s palsy lawyer can handle your case on a contingency fee basis.
For a free legal consultation with Westminster Erb's Palsy lawyer, call 1-800-222-9529
Erb’s Palsy and Brachial Plexus Injuries
Neonatal brachial plexus palsies occur when there is an issue during delivery and the nerves of the brachial plexus–the area where the nerves that provide movement and sensation to the arms connect to the spine–suffer damage. Sometimes this damage occurs because of natural forces and compression during labor. Sometimes it is because of a poor technique utilized by a doctor or other caregiver. However, these injuries are often preventable.
Some possible causes of brachial plexus injuries include:
- Natural compression on the infant’s head and neck during vaginal birth.
- Stretching of the head away from the shoulders during delivery, possibly by a doctor or other care provider.
- Pressure on the baby’s raised arms during a breech delivery.
Many of these brachial plexus injuries are preventable if the doctor identifies warning signs and opts to take certain precautions or choose to deliver the baby via cesarean section (c-section) or uses only the proper technique when delivering a baby with shoulder dystonia.
Risk factors for Erb’s palsy include:
- Breech delivery.
- Large newborn.
- Shoulder dystocia, or the shoulders getting stuck behind the pubic bone.
There are several types of neonatal brachial plexus palsies. They depend on the specific nerves damaged and include:
- Erb’s palsy (also called Duchenne-Erb paralysis) affects the shoulder and upper arm.
- Klumpke paralysis affects the lower arm and hand.
Klumpke palsy is less common than Erb’s palsy. In some severe cases, there is damage to all these nerves, leading to symptoms throughout the arm and hand.
If your child has a brachial plexus injury, you can get help today by contacting the Birth Injury Lawyers Group at (800) 222-9529.
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Seeking Legal Remedies in an Erb’s Palsy Case
Treatment for Erb-Duchenne palsy varies based on the severity of the infant’s injury. Many children improve with just physical therapy while others require surgery, and extended healing time, and physical and occupational therapy. For those with moderate or severe injuries, some permanent damage may remain, and they may need special assistance, therapy, or adaptive equipment.
The costs of this treatment and equipment can add up quickly. In addition, the emotional toll this can take on your child is immense, especially if they are learning to live with additional challenges because of the Erb’s palsy. Recovering compensation and holding the negligent doctor or hospital accountable may be possible.
If your child suffered a birth injury in Westminster, or elsewhere in Adams or Jefferson counties, a Westminster Erb’s palsy lawyer will help you build your case. A birth injury attorney will:
- Handle all communication about your case.
- Answer your questions and address your concerns.
- Gather evidence to support your claim.
- Document your related expenses and losses.
- Pursue a fair payout through settlement negotiations.
- File a medical malpractice lawsuit and take your case to trial, if that becomes necessary.
These cases can be difficult to prove, and you will need a qualified medical expert witness who can testify that the doctor or other caregiver failed to provide the proper standard of care, and this led to your child’s injuries. Your attorney can identify this expert and work with them to build your case around their testimony.
To get help today, call the Birth Injury Lawyers Group at (800) 222-9529. You can get a free case review and learn more about your rights and options for seeking financial recovery.
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Recoverable Damages from an Erb’s Palsy Lawsuit
There are two goals when you pursue a medical malpractice lawsuit:
- Recovering compensation to pay for your expenses and cover losses.
- Hold the doctor, hospital, and other liable parties accountable.
To this end, your attorney will seek documentation of a wide variety of expenses and losses your family incurred as a result of your child’s birth injuries and treatment. This will serve to support your insurance claim or medical malpractice lawsuit. You may be able to recover your documented economic expenses and non-economic losses. This could include:
- Current and future medical care, including surgery, hospitalization, and therapy.
- Prescribed adaptive equipment as needed.
- Out-of-pocket expenses related to your child’s diagnosis and treatment.
- Pain and suffering.
- Other non-economic damages.
Your lawyer can explain any limits on your recoverable damages and the factors that go into determining the value of your case.
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Time Is Limited to Recover Compensation for a Birth Injury
Colorado Revised Statute § 13-80-102.5 sets the time limit on seeking compensation through a medical malpractice lawsuit at two years from the date of discovery. However, there are also many other rules that apply in determining these deadlines. This is especially true when the victim is an infant.
There may be a rule to toll the statute of limitations for minor victims, or a statute of repose that sets an ultimate deadline. The best option for ensuring you act in time is to work closely with a birth injury lawyer who is familiar with the laws in Colorado.
Talk to an Erb’s Palsy Attorney Serving Westminster to Learn More
Get help today from the Birth Injury Lawyers Group. If your child sustained a birth injury to their brachial plexus, you may have a case against the doctor who delivered them or the hospital where they were born. A lawyer familiar with these cases in your state can help you build a strong case and pursue compensation.
Call (800) 222-9529 now to discuss your case and learn more about your rights and legal options.
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