Erb’s palsy is a neurological disorder that can affect anyone at any age. It is caused by damage to the nerves in the brachial plexus. The brachial plexus is a nerve bundle near the neck and shoulders. It is where the nerves that control parts of the torso and the arms between the hands and shoulders come together as they travel from the brain and through the spine to those terminal points. If these nerves become stretched, severed, or damaged in any other way, via a birth injury, motor accident, child abuse, or acts of violence, a patient may develop Erb’s palsy.
If your child has issues moving his or her hands or fingers or if he or she exhibits any of the other signs or symptoms of Erb’s palsy that we will discuss below, speak to an attorney. Erb’s palsy can develop as a result of nonpreventable injuries that are beyond the control of anyone, but when it develops as a result of avoidable or preventable injuries that your child’s doctor or delivery team should have prevented, you should seek damages and compensation from those parties. Contact our Massachusetts Erb’s Palsy lawyer immediately at (800) 222-9529 to learn more.
Signs and Symptoms of Erb’s Palsy
Erb’s palsy can sometimes be diagnosed as soon as a baby is born. It affects the arms, fingers, hands, and shoulders, depending on where a patient sustained damage to his or her brachial plexus. The brachial plexus consists of the upper and the lower brachial plexus. Erb’s palsy develops as a result of damage to the upper brachial plexus. The nerves in the lower brachial plexus radiate from the neck and shoulders to the chest and torso. However, even within the upper brachial plexus, there are specific spinal roots that can be affected in different ways, leading to different symptoms and issues.
For example, damage to spinal roots C5 and C6 leads to issues with the shoulders and arms. Injury sustained by root C7, however, can cause issues with the fingers. All of these issues involve weakness, sensory issues, varying levels of paralysis, or a combination of these, but the patient can exhibit a variety of issues and the symptoms and disorders that result can also change over time. This makes Erb’s palsy markedly different from other neurological disorders such as cerebral palsy which involve permanent and non-progressive–meaning unchanging–damage to the brain.
Another outcome of this fact is that treatments for permanent brain injuries usually involve lessening the life impact of the symptoms of those injuries but Erb’s palsy is directly treatable in the sense that the nerve damage that causes it can be repaired or healed using various treatments.
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Treatments and Prognosis of Erb’s Palsy
The treatment and management of Erb’s palsy usually involve a combination of physical therapy and occupational therapy to help the patient rebuild strength and learn to move his or her affected limb. Secondary issues such as social isolation and depression can also be addressed using, for example, emotional therapy and counseling.
Serious cases of Erb’s palsy that involve torn or detached nerves can be treated using surgery. Surgical procedures for nerve damage can include nerve grafts or nerve transfers as well as muscle transfers. Nerve grafts involve taking a section of a healthy nerve and using it as a bridge to bypass damaged nerves. Doing this can help the affected area regain some sensation. Nerve transfers are similar but they involve transplanting a healthy nerve in a target area. Muscle transfers can also be performed to help seriously atrophied bundles of muscle in the shoulder or arm regrow.
These treatments may or may not be available in your area and they can be very expensive as well. You must speak with your doctor about what treatment options would be best for your child within the limitations you face based on insurance cover, finances, and your ability to travel to care or treatment centers that are not in your local area.
When it comes to mild cases of Erb’s palsy, however, most patients–almost nine out of every 10–can expect to make a complete recovery as long as they receive treatment and initiate the required therapy within a few weeks of being born. Most children who suffer mild forms of nerve damage and develop a mild case of Erb’s palsy, as a result, recover the sensory and movement functionalities of their affected arm between three and six months after birth.
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Medical Negligence and the Duty of Care
Negligence in medical cases is usually determined using the duty of care. This is a standard that states that healthcare professionals owe their patients a duty of providing them with professional, knowledgeable, and competent medical services. If an accident or injury occurs that even a highly skilled and competent doctor could not have avoided, such cases are usually not classified as negligence.
However, if it can be shown that a doctor of average competence could have and would have identified issues or addressed complications differently from your child’s doctor and would have been able to prevent a birth injury from happening in the process, then that is what you need to do to show that your child’s doctor was negligent. As a result, he or she – or a team of care professionals, if the actions of the team were involved in causing a birth injury – can be held responsible for paying damages and compensating you and your family for the expenses and suffering you had to undergo.
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File a Claim Today
Statutes of limitation apply to medical malpractice cases and you must file a claim before these statutes expire if you are to have any hope of recovering damages or compensation for your child’s Erb’s palsy. Our team of experienced and knowledgeable attorneys at the Birth Injury Lawyers Group can help you initiate the process. Do not delay and call now at (800) 222-9529 to discuss your case and come up with a treatment and rehabilitation plan for your child in conjunction with our lawyers and our network of healthcare providers. Call today.
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