Erb’s palsy, also known as a brachial plexus injury, can have a serious impact on your child’s life. This nerve injury can require a lengthy rehabilitation process and can cause paralysis or other debilitating effects.
Sometimes, Erb’s palsy is caused by a negligent physician during the delivery of a newborn. If this happened to your child, the institution where you gave birth could owe you compensation for your child’s injuries.
Call an Atlanta Erb’s palsy lawyer from the Birth Injury Lawyers Group today at (800) 222-9529 to learn more about what you can do if your child has been diagnosed with Erb’s palsy. Consultation calls are free and can get you answers right away.
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Understanding Erb’s Palsy
Erb’s palsy is an injury to the nerves that connect the spinal cord to the arm and hand, a critical passageway for signals that prompt your upper extremities to do what your brain commands. There are degrees of injury to these nerve passageways, and Erb’s palsy could result in paralysis of your child’s extremities.
Erb’s palsy can occur during childbirth. While there are risks to almost all medical procedures, if a judge determines that your practitioner’s negligence caused Erb’s palsy during your child’s delivery, they may be liable for the injuries.
Many children with Erb’s palsy recover from the nerve injury, but some do not. Even if your child does recover, you could be owed compensation for your medical expenses, costs of rehabilitation, and more.
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Medical Error Is More Common Than Many People Realize
Doctors are human, which means that they are prone to making mistakes and errors in judgment. Unfortunately, a recent study suggests medical errors are now the third leading cause of death in the U.S., responsible for more than 250,000 deaths per year.
If your child was diagnosed with Erb’s palsy, you should not rule out errors by doctors or nurses as the possible cause.
How Medical Malpractice May Cause or Contribute to Erb’s Palsy
During delivery, Erb’s palsy can be caused by:
- A failure by your attending doctor to prepare for the possibility to shoulder dystocia
- Pulling on the head, neck, or arm in a manner that puts excessive force on your child’s nerves and joints
- A failure to test and plan for a long or complex labor, and the resulted need for excessive force during the delivery
Even if a doctor made the decision to deliver your child via C-section delivery, they may have caused your child’s Erb’s palsy.
If you believe that the doctor or any other medical professionals who participated in your child’s birth caused or contributed to your child’s damaged nerves, then the facility where you gave birth may also hold a degree of liability.
For a free review of your case, contact the Atlanta Erb’s palsy lawyers at the Birth Injury Lawyers Group today at (800) 222-9529.
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Evidence in an Erb’s Palsy Case
When your family pursues a medical malpractice case for your child’s Erb’s palsy, you will need to gather evidence that the medical personnel acted in a negligent manner.
This can include:
- Photos or video from the childbirth
- Medical records from the childbirth
- Medical records of the Erb’s palsy diagnosis
- Second opinions from outside doctors
- Witness statements
- Hospital records
Some states require an additional layer of proof for medical malpractice. In these states, it may be necessary for the defendant to produce testimony from a medical expert that says that they care their family received fell below the reasonable standard and that another medical professional would have acted differently in the same circumstances.
A lawyer from the Birth Injury Lawyers Group can help you understand what evidence is required for medical malpractice in your state. We can help you secure expert testimony when needed.
Call us at (800) 222-9529 to discuss your case today. Our team is standing by to answer questions about your case and to help you may legal decisions. Consultation calls are complimentary.
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I May Have Significant Expenses Related to My Child’s Erb’s Palsy
The intent of any civil case is to restore financial justice for those who have suffered harm. This category may include you and your child if someone is responsible for their Erb’s palsy.
If your lawyer is successful, you may be able to collect compensation for:
- The cost of the delivery that harmed your child
- The cost of rehabilitation to get your child’s nervous system back to normal function
- Awards covering any permanent damage that your child sustains as a result of Erb’s palsy
- Pain and suffering that you and your child have endured because of their birth injury
- Other costs associated with the injury and recovery process
Every case is different, but our team will do everything in our power to secure the compensation that you are eligible for.
Call Our Team at the Birth Injury Lawyers Group Today
Keep in mind that most states have a statute of limitations, or deadline, for medical malpractice cases. If you allow this deadline to pass, you may lose your right to recover compensation for your child’s injuries.
Call the Birth Injury Lawyers Group today at (800) 222-9529 for a complimentary case evaluation. We can discuss your state’s statute of limitations and your deadlines for legal action.