Many different factors may come into play when a mother goes into labor and a child is delivered. There are many pre-delivery factors that may also affect the health and wellbeing of the mother and her baby. These include maternal diabetes, the mother’s blood pressure level and dilation, the position of the baby in the womb, the health of the placenta, and the expertise of the delivery team.
Unfortunately, the unexpected may happen, as things sometimes go wrong and delivery complications or emergencies may require the forceful removal of a baby from the mother. For example, the baby may become stuck inside the womb or may be born prematurely. Multiple births and C-section deliveries may also pose risks to the health of the baby. If you live in Lakeland, Florida and your child sustained a birth injury or was diagnosed with Erb’s palsy, and you believe this diagnosis to be a result of medical negligence, call the Birth Injury Lawyers Group at (800) 222-9529 for a free consultation.
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Understanding Erb’s Palsy
The brachial plexus is a large bundle of nerves around the neck that runs from the spine and through the shoulders, and is responsible for controlling the muscles in the arm. It is also responsible for sensation between the shoulder all the way down to the fingers. Damage to the upper nerves in the brachial plexus via a birth complication may delay a child’s development or result in permanent damage.
Between 0.9 and 2.6 of every 1,000 babies in the United States are born with Erb’s palsy. It is sometimes confused with cerebral palsy because both neurological disorders involve paralysis and nerve damage of some sort.
While cerebral palsy is a more serious illness, Erb’s palsy may be no less traumatic. It may be caused when a baby’s neck is stretched too far to one side or the other during delivery, causing nerve damage of varying degrees. If the patient suffers impairment in performing voluntary movements in the upper arm or in rotating the lower arm, such conditions may be a result of Erb’s palsy.
Depending on the severity of the injuries in question, the nerve damage may resolve on its own over a few months, but serious cases may require longer-term treatments such as therapy and surgery.
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Symptoms of Erb’s Palsy
Nerve damage as a result of birth injuries may be recognizable as soon as a child is born, but determining the extent of your child’s nerve damage may involve an assessment of his or her mobility, and this may not be possible until he or she is at least three months old.
Your child’s symptoms may vary depending on the type and severity of his or her paralysis. The symptoms he or she exhibits may range from weakness and soreness in the arm to complete paralysis.
Some commonly occurring symptoms of Erb’s palsy include:
- Weakness in one arm
- A loss of sensation in one arm
- Inhibited circulatory, nervous, and/or muscular development in one arm
- Partial or total paralysis of one arm
If your child was diagnosed with Erb’s palsy, you may be able to speak with a lawyer to initiate the process of determining whether or not medical malpractice contributed to your child’s injuries. If it did, you may be able to file a lawsuit against any negligent parties that treated your child.
Doing this may involve proving that your child’s doctor or care team performed actions or made decisions that did not meet the accepted standard of care while treating your child as established by the medical community. Call the Birth Injury Lawyers Group at (800) 222-9529 to possibly learn more about your rights and legal options under such circumstances with a free consultation.
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Establishing Malpractice and Negligence
There are many factors beyond the control of a doctor that may lead to a birth injury. These include genetic disorders and preexisting conditions such as maternal diabetes. However, Erb’s palsy may be caused by negligence and injuries as a direct result of the action or inaction of the child’s medical care team. Here are a few examples of how negligence may lead to nerve damage and Erb’s palsy:
- If the delivery team fails to order a specific test during pregnancy or right before delivery
- If tests that were performed were not read or interpreted correctly
- If the delivery team fails to perform an emergency C-section if one is required
- If the delivery team fails to properly monitor the baby before, during, and soon after delivery
- If the delivery team does not have the tools or the experience to deliver a baby during a complicated procedure or an emergency delivery
These issues and their causes may be identifiable, and this means your child’s care team should have tested and prepared for them beforehand. Once an injury occurs, it may lead to long-lasting issues, not to mention substantial care costs, and the child and the family may be faced with the fallout. A lawyer may be able to help your family seek damages and compensation you may be entitled to.
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Our Commitment to You
It is important that your child’s Erb’s palsy is correctly diagnosed so proper treatments may be initiated. However, you should also think about financing or covering the costs of those treatments. The Birth Injury Lawyers Group was founded on the idea that no family should have to face the financial ramifications of otherwise preventable birth injuries their child should never have had to experience.
Our team may be able to:
- Identify the cause and type of your child’s Erb’s palsy
- Gather and maintain records as proof of your child’s injuries and the costs that you incurred as a result
- Collect additional evidence such as the testimony of malpractice experts and your child’s care team to ascertain when, where, and how birth injuries leading to Erb’s palsy were sustained
An Erb’s palsy lawyer may be a great source of help to you with each step of the legal process. Call the Birth Injury Lawyers Group at (800) 222-9529 for a free case evaluation and to learn more about your legal options.
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