We trust doctors, nurses, and other medical staff to treat and manage the care of our loved ones with a high level of expertise and professionalism. These individuals undergo years of training to gather the skills, experience, and knowledge they may need to treat the illnesses and health issues their patients face. Despite this, medical errors still occur as people may make mistakes, and patients may suffer often avoidable injuries at the hands of the caregivers they went to for help. Patients may suffer long-term health problems as a result of these errors as well.
Erb’s palsy is one such injury. It may lead to weakness in the arm, an inability to move the arm in certain ways, or a lack of sensation in the arm, hand, or fingers. This condition may develop when a bundle of nerves called the brachial plexus in the upper arm sustains damage. Although the brachial plexus can become injured in many different ways, delivery room events are a common cause of this kind of injury. Families in Miami, Florida who have received an Erb’s palsy diagnosis may want to speak with a Miami Erb’s palsy lawyer. Call the Birth Injury Lawyers Group for assistance today at (800) 222-9529.
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Understanding Erb’s Palsy
Erb’s palsy is a neurological disorder that may cause issues with movement and feeling in all or parts of the arm. Stretching, tearing, or detachment of the nerves in the brachial plexus can cause Erb’s palsy, and it is often categorized as an avoidable birth injury.
Many babies born with a brachial plexus injury may be able to make a full recovery over time—but typically only if the damage sustained is minor. If so, the baby may be able to recover most, if not all of the functions and sensations of their affected arm.
Long-term or even permanent disabilities may develop if a baby sustains serious or extensive nerve damage, which is common when certain nerves are stretched far enough to tear. Complete separation from the spine may also occur. Detached nerves may lead to extreme pain and other health complications such as an inability to move, walk, or perform simple tasks independently. Such cases may require expensive treatment and therapy, not to mention specialized care, the help of assistive devices, and around-the-clock monitoring.
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Medical Negligence That Leads to Erb’s Palsy
An Erb’s palsy case or other brachial plexus injuries may occur if medical staff do not take every possible step to protect the health and well-being of their patients. They may make errors in reading medical charts or reports, forget to perform a procedure, or perform specific delivery actions incorrectly.
Consider this example: Large babies may become stuck inside the uterus, or the head of the baby may emerge while the shoulders are stuck behind the mother’s pelvic bone. Under such circumstances, the baby may not be able to receive adequate oxygen and—in an attempt to avoid brain cell death—the delivery team may pull on the baby using tools such as forceps, twist the baby’s arms, or push the neck to one side or the other in an attempt to dislodge the baby from the womb.
In cases like these, who can be held at fault for injuries that the baby may sustain? The medical team may argue that such procedures were necessary to save the life of the baby, but the family may argue that the likelihood of a complication or an emergency delivery should have been tested for and prepared for beforehand.
A Miami Erb’s palsy lawyer at the Birth Injury Lawyers Group may be able to help your family determine who is responsible in your case, and help you receive compensation you may be entitled to. Call (800) 222-9529 today for a free consultation.
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The Importance of Seeking Legal Help
Determining who, if anyone, should or could be held responsible for your child’s injuries may be tricky. A Miami Erb’s palsy lawyer can likely help with this process. First, you may need to prove that your child’s delivery team owed you a duty of care, which means they were obligated to treat your child with the skills, knowledge, professionalism, and competence expected of a delivery room doctor or caregiver.
Next, you may need to show that the duty of care was breached in some way. Examples of how this can happen include administrative errors, incorrectly reading reports, missing critical health signals that should have been noticed, or incorrectly using delivery devices or tools such as vacuum extractors or forceps.
Finally, you may need to prove that a breach in the duty of care resulted in specific injuries. This means you may need to connect a medical treatment or procedure to a specific injury or illness.
Doing all of the above may involve obtaining statements from the medical delivery team, assessing the extent of your child’s injuries, quantifying the damages you’ve suffered as a result of your child’s Erb’s palsy, and identifying specific individuals or parties who may have been responsible for the mistakes or errors in question. This can be a difficult, especially if you are faced with the challenge of caring for your child, paying for treatment, and trying to understand all of the implications that your child’s condition may have on your family.
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Contact a Miami Erb’s Palsy Lawyer Today
Call the Birth Injury Lawyers Group at (800) 222-9529 to discuss your case and learn how insurance and civil claims for birth injuries may be handled. Our team of Miami Erb’s palsy lawyers may be able to help you collect the evidence needed to prove your claim. We may also interview medical and legal specialists to use their testimony in support of a case if your child’s injuries warrant a claim.
Each state has its own statute of limitations that apply to civil claims, and each state may have its own rules allowing you to toll the statute of limitations for birth injury cases, so it is often best to speak with a lawyer familiar with the laws in your state. The sooner you initiate the legal process, the sooner you may be able to plan and prepare for the treatments and expenses that your child may need.
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