Even though the majority of babies diagnosed with Erb’s palsy have a good prognosis and heal fully, you as a parent can have some anxious weeks and months waiting for the outcome. If the prognosis is poor or if the injuries do not heal properly, your baby could end up with a lifelong disability.
Because most injuries that lead to Erb’s palsy are preventable, you may have some feelings of frustration mixed with your anxiety. Count on a South Fulton Erb’s palsy lawyer to help you work through these feelings, digging through the facts to figure out who is responsible for your newborn’s injury. We will protect your right to receive compensation.
Contact the Birth Injury Lawyers Group at (800) 222-9529 as soon as possible for a free consultation.
For a free legal consultation with South Fulton Erb's Palsy lawyer, call 1-800-222-9529
Determining Medical Negligence
If you have received a diagnosis of Erb’s palsy after your son or daughter’s birth, it is probable that the baby suffered a birth injury in the group of nerves between the shoulder and the neck, called the brachial plexus nerves. These nerves control both sensation and movement in the shoulders, arms, and hands.
Some of the common causes of injuries to the brachial plexus nerves during the birthing process include:
- Breech birth: when the baby enters the birth canal feet first, which can cause the shoulders to become wedged, leading to a stretching or tearing of the brachial plexus nerves
- Large baby size: when the baby’s size is too large for the mother’s birth canal, causing the baby’s shoulders to become wedged
- Previous delivery with Erb’s palsy: when the mother previously delivered a baby who later was diagnosed with Erb’s palsy
- Prolonged labor: when the baby spends too much time in the birth canal, which could lead to an injury in the nerves in the brachial plexus area
- Trauma: when the birthing team uses instruments improperly or applies too much force to the baby while attempting to help it exit the birth canal, leading to the brachial plexus injury.
Preventing Erb’s Palsy
It is important that the medical personnel assisting in the birth communicate with each other and have as much information as possible to aid in birth. This includes running tests before labor begins to seek out any potential problems, such as a larger than average baby, so the doctor can take steps to prepare for all eventualities.
Doctors have a duty of care to protect the baby during and after birth. If the medical personnel involved in the birth deviated from the standard course of care, or if they made a mistake in judgment or a physical mistake during delivery, they could be found negligent in causing the injury to the newborn.
A South Fulton Erb’s palsy lawyer will study the facts in your particular case to determine whether negligence occurred and to determine exactly who is liable. At the Birth Injury Lawyers Group, we will call in medical experts as needed to strengthen your case. Contact us at (800) 222-9529 today, and we will be ready to begin working on your behalf as soon as you hire us.
South Fulton Erb's Palsy Lawyer Near Me 1-800-222-9529
Common Erb’s Palsy Nerve Injuries
In an Erb’s palsy case for a newborn, the brachial plexus injuries usually involve either stretching or tearing of the nerves in the area.
Stretched Nerves Injury
When the brachial plexus nerves stretch too much during the birthing process, Erb’s palsy may form. This, also called neurapraxia, is the most common reason Erb’s palsy appears in a newborn.
Stretched nerves may heal on their own in a few weeks or months after birth. Doctors may recommend that the baby undergo physical therapy to help the muscles and tendons remain strong and flexible while waiting for the nerves to heal, as the baby will be unable to move their arm.
If the baby’s arm rotates unnaturally while healing, a doctor may recommend the use of a splint to hold the arm in the correct position. The splint may be worn continuously or a few hours a day.
Torn Nerves Injury
If the brachial plexus nerves tear or are ruptured during the birthing process, the case of Erb’s palsy becomes far more serious. In a case like this, the doctor may choose surgery for the baby, repairing the damaged nerves or transplanting nerves from other parts of the body.
A doctor may order an MRI or CT scan to determine whether the nerves have been torn or just stretched.
If the baby undergoes surgery, it may take several months or even several years to determine if the surgery was fully successful. The baby may need extensive physical therapy after surgery to aid in healing and recovery.
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Recovering Damages in an Erb’s Palsy Case
If you bring a birth injury lawsuit against the medical personnel who are liable for your baby’s injuries in the Erb’s palsy case, you may receive compensation for a variety of items, including:
- Costs for medical treatment
- Estimated future costs for treatment
- Pain and suffering awards
- Emotional trauma for the family
- Long term reduction in quality of life
The exact amount that you may receive will depend on the facts in your particular case and on the severity of the injuries your baby suffered during the birthing process.
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Helping You Receive a Fair Settlement
During the birthing process, the parents may not be able to see everything that is happening in the delivery room, so you may not know exactly how the injury occurred. At the Birth Injury Lawyers Group, our team of attorneys knows how to read medical reports and how to interview witnesses to your case, determining just what happened in the birthing suite to cause the injury to your baby.
As trusted South Fulton Erb’s palsy lawyers, you can count on our team to stand by your side throughout the entire case. We work on a contingency fee basis, which means we do not accept any payment upfront. Our fee is paid from the settlement in the case. Call us at (800) 222-9529 today.