Erb’s palsy is a disorder that affects an individual’s ability to move the shoulder, arm, hands, fingers, or wrists. It is caused by damage to the brachial plexus, which is a system of nerves in the neck. Erb’s palsy can not only lead to serious sensory and motor issues, but also emotional trauma, stress, a lack of independence, and high treatment and therapy costs.
If your child missed certain growth milestones or has trouble using their arms or hands, they may suffer from Erb’s palsy. One of the causes of brachial plexus damage is birth injuries. The Birth Injury Lawyers Group has years of experience in medical malpractice law, and we help families in Clearwater understand how Erb’s palsy can result from medical errors and how to manage the costs and disabilities your family may face. Call us today at (800) 222-9529 for a free case evaluation and consultation with a Clearwater Erb’s palsy lawyer.
For a free legal consultation with Clearwater Erb's Palsy lawyer, call 1-800-222-9529
Causes and Symptoms of Erb’s Palsy
Large babies are at increased risk of Erb’s palsy because of a birth injury. If a baby must be pulled out quickly because of an emergency or comes out in a breech position, they are more likely to suffer a brachial plexus injury during childbirth.
Erb’s palsy affects how sensory signals travel between the spinal cord and the shoulders, arms, hands, wrists, and fingers of the affected individual. It is sometimes referred to as a brachial plexus injury—the brachial plexus is the bundle of nerves that controls movement and sensation in the arm. Stretching, tearing, or bruising of these nerves can lead to irreversible damage and long-term complications such as paralysis.
The main types of brachial plexus injuries such as Erb’s palsy are:
- Avulsion: A nerve from the brachial plexus tears out from the spinal cord.
- Rupture: A nerve tears but not at the spinal root.
- Neuroma: Scar tissue presses on a nerve, affecting the nerve’s ability to transmit signals.
- Neuropraxia: A nerve is stretched. This is considered the least severe type of injury.
How are these injuries caused? There are many different factors that can cause them, including physical activities and vehicle accidents that result in damage to the brachial plexus. However, when it comes to birth injuries, the brachial plexus typically sustains damage in one of the following ways:
- Prolonged or complicated labor
- Breech births (when the child is born feet-first or bottom-first)
- The incorrect use of assistive devices to extract the baby from the mother
- The administration of incorrect dosages of medications such as labor-inducing drugs
- Large babies that become stuck against the mother’s pelvis
- High maternal blood pressure
At the Birth Injury Lawyers Group, we work exclusively on birth-related medical malpractice. If your child was diagnosed with Erb’s palsy, we are here to help. Call us today at (800) 222-9529 for a free case evaluation and consultation with a Clearwater Erb’s palsy lawyer.
We will walk you through what you need to know about Erb’s palsy, the types of evidence your Clearwater Erb’s palsy lawyer needs to build a case, sources of compensation you may be able to file for, and your rights and responsibilities.
Clearwater Erb's Palsy Lawyer Near Me 1-800-222-9529
Medical Malpractice and the Duty of Care
If your child was diagnosed with Erb’s palsy, there are many questions you should seek answers to:
- Were the injuries that caused your child’s condition the result of medical malpractice?
- Who was responsible for the injuries and when did they occur?
- Which specific issues can be connected to specific injuries?
- What costs and damages have the affected individual and their family faced as a result?
Answering these questions comes down to determining whether your child’s doctor or delivery team fulfilled their duty of care. Medical professionals are expected to be skilled, well-trained, and knowledgeable. They must make every effort to protect their patients from injury. When it comes to delivery cases, they must prepare for unexpected circumstances and should screen the mother and her baby for infections and other issues that may cause or lead to a birth complication.
Doing all the above is known as the duty of care—it is everything that a reasonably competent medical practitioner would do under similar circumstances. Not performing an important action, improperly performing one, or neglecting to perform one can be classified as medical negligence, and your doctor or health care provider may be held liable for all damages that result from that action or inaction.
If it can be established that a duty of care existed, you will then need to show that:
- A breach in the duty of care resulted in injury
- The injuries led to specific costs
This is where a Clearwater Erb’s palsy lawyer can help you pursue a malpractice claim in an effort to secure your family’s financial well-being.
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Handling Birth Injury Cases
You should not have to pay for your child’s treatment if the injuries they sustained were a result of the negligence of the medical staff responsible for delivering your baby. At the Birth Injury Lawyers Group, we can walk you through everything you need to know about filing a claim and collecting the evidence to support your claim. We can also investigate the circumstances surrounding your child’s birth.
A Clearwater Erb’s palsy lawyer can also help you by:
- Establishing whether a breach in the duty of care occurred.
- Identifying who was responsible for that breach.
- Quantifying the value of your claim by adding all the costs you have suffered directly or indirectly because of your child’s condition.
- Ensuring that you meet all administrative, legal, and procedural deadlines and that you file on time, within the defined statute of limitations (in Florida, § 95.11 sets it at four years for personal injury lawsuits) and with the right courts.
If you suspect that your child suffered a birth injury or has Erb’s palsy, give us a call. Whatever your child’s symptoms may be, if they missed key growth milestones or have trouble using their arms or hands, we can help.
Call the Birth Injury Lawyers Group today at (800) 222-9529 for a free case evaluation and consultation with a member of our team. We provide our services on a contingency fee basis with no upfront costs, so you pay nothing unless we win a compensation payout for you or you are awarded a settlement.