Erb’s Palsy and other brachial plexus injuries can have a devastating impact on both children and their families. If your child has been affected by this condition, a Chicago birth injury lawyer can help you pursue damages.
Medical professionals have a responsibility to ensure safe and proper care during childbirth. When negligence occurs, they should be held accountable.
Birth Injury Lawyers Group has recovered over $750 million for families like yours. If your child has developed Erb’s Palsy due to medical malpractice, a Chicago Erb’s Palsy lawyer from our legal team can help you secure full compensation for your family.
Can You Sue for Erb’s Palsy?
Yes, you can sue for Erb’s Palsy if the condition resulted from medical negligence during childbirth. An Erb’s Palsy lawyer in Chicago can help determine whether you have a viable medical malpractice claim.
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How an Erb’s Palsy Lawyer in Chicago Can Help
If your child has developed Erb’s Palsy due to medical negligence, an Erb’s Palsy lawyer can help by:
- Investigating the circumstances of the injury
- Collecting evidence, including medical records and expert testimonies
- Establishing liability
- Negotiating with insurance companies to secure fair compensation
- Representing your family in court if a settlement cannot be reached
An Erb’s Palsy attorney in Chicago can advocate for you and pursue justice for your family.
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Types of Compensation for Birth Injuries
If medical malpractice caused your child’s Erb’s Palsy, you may be entitled to various forms of compensation, including:
- Medical expenses: You can receive compensation for surgeries, therapies, and ongoing medical care.
- Rehabilitation costs: You can be reimbursed for physical therapy and assistive devices payments.
- Pain and suffering: You can be compensated for the emotional distress and reduced quality of life caused by the injury.
- Lost wages: Parents who must leave work to care for their child after a birth injury can receive compensation for lost wages.
- Future costs: You can be compensated for anticipated long-term care and treatment costs.
A birth injury attorney can calculate your family’s damages and pursue a fair settlement.
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Is Erb’s Palsy Always Caused by Medical Malpractice?
No, Erb’s Palsy is not always caused by medical malpractice. While improper delivery techniques are a common cause, the condition can also occur naturally during childbirth due to:
- Large birth weight
- Breech deliveries
- Prolonged labor
- Maternal health conditions
A birth injury attorney can help determine whether malpractice played a role in your child’s injury by reviewing medical records and consulting experts.
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How Do I Know if I Have a Case?
Determining whether you have a viable Erb’s Palsy birth injury claim requires determining whether medical malpractice occurred. If your child’s injury occurred during delivery and you suspect that medical errors or improper techniques were involved, you may have a case.
An experienced attorney can review medical records and consult experts to assess your case’s viability.
How Is Negligence Established in an Erb’s Palsy Case?
Proving negligence in an Erb’s Palsy case requires demonstrating the following:
- Duty of Care: The healthcare provider owed you and your child a standard duty of care.
- Breach of Duty: The provider’s actions or inactions deviated from accepted medical practices.
- Causation: The breach directly caused the child’s injury.
- Damages: The injury resulted in quantifiable harm, such as medical bills or emotional suffering.
Evidence such as expert testimony, medical records, and delivery room reports can support your claim.
How Long Do You Have to Sue for Erb’s Palsy in Illinois?
In Illinois, the statute of limitations for medical malpractice cases involving minors allows parents to file a lawsuit within eight years of the child’s injury or until the child’s 22nd birthday, whichever comes first.
A birth injury lawyer can make sure you file on time.
How Does the Erb’s Palsy Lawsuit Process Work?
A medical malpractice lawsuit typically involves the following steps:
- Consultation: Meet with a specialized attorney to discuss your case and determine its viability.
- Investigation: Your attorney gathers evidence, including medical records and expert opinions.
- Filing the lawsuit: A formal complaint is filed against the negligent party.
- Discovery phase: Both sides exchange information and build their cases.
- Settlement negotiations: Most cases are resolved through negotiation, but if an agreement can’t be reached, the case proceeds to trial.
- Trial and verdict: A judge or jury hears the case and awards compensation if negligence is proven.
What Is a Brachial Plexus Injury?
A brachial plexus injury occurs when the network of nerves that sends signals from the spinal cord to the shoulder, arm, and hand is stretched, compressed, or torn.
These injuries can range from mild stretching to severe nerve damage and are a common cause of Erb’s Palsy in newborns.
What Is Erb’s Palsy?
Erb’s Palsy is a condition caused by injury to the brachial plexus, a network of nerves near the neck that controls arm movement. The injury can lead to weakness, loss of sensation, or paralysis in the affected arm.
The severity of Erb’s Palsy depends on the extent of the nerve damage.
How Common Are Brachial Plexus Birth Injuries?
Brachial plexus injuries, including Erb’s Palsy, occur in approximately 1 to 3 out of every 1,000 live births. These injuries are typically preventable with proper medical care during the delivery process.
Most Common Brachial Plexus Injuries
The most common types of brachial plexus injuries include:
- Erb’s Palsy: This injury affects the upper brachial plexus nerves, causing weakness or paralysis in the shoulder and upper arm.
- Klumpke’s Palsy: This condition impacts the lower nerves, leading to weakness or paralysis in the wrist, hand, and forearm, and may result in “claw hand.”
- Neuropraxia: This is a temporary nerve stretch injury that often heals without intervention.
- Neuroma: This injury occurs when scar tissue forms around a healing nerve and often requires surgical treatment.
- Rupture: This injury involves a torn nerve that remains attached to the spinal cord, typically requiring surgical repair.
If your child has suffered one of these injuries, a Chicago Erb’s Palsy lawyer can help you pursue financial compensation.
Risk Factors for Erb’s Palsy
Certain factors increase the likelihood of Erb’s Palsy, including:
- High birth weight: Babies over eight pounds are at greater risk.
- Prolonged labor: Lengthy deliveries can lead to complications.
- Breech presentation: Babies positioned feet-first during delivery face higher risks.
- Maternal diabetes: Diabetes can lead to heavier-than-average babies.
How Is Erb’s Palsy Diagnosed?
Erb’s Palsy is typically diagnosed shortly after birth. Doctors look for signs such as:
- Limited movement in one arm
- Weak grip on the affected side
- Asymmetry in arm positioning
Imaging tests like X-rays, MRIs, or ultrasounds can be used to assess the extent of the nerve damage.
Symptoms of Erb’s Palsy
Common symptoms of Erb’s Palsy include:
- Weakness or paralysis in one arm
- Loss of sensation
- Abnormal arm positioning
- Difficulty gripping objects
Symptoms of Erb’s Palsy can vary depending on the severity of the injury. Some are mild, while some can be debilitating.
Causes of Erb’s Palsy
Erb’s Palsy often results from complications during delivery, such as:
- Excessive pulling on the baby’s head or shoulders
- Use of forceps or vacuum extraction devices
- Shoulder dystocia (where the baby’s shoulders become stuck)
These situations can put undue pressure on the brachial plexus nerves, leading to a birth injury.
Is Erb’s Palsy Painful?
While every Erb’s Palsy case is different, the nerve damage associated with the condition may cause pain. Physical therapy and medical care can help mitigate this pain.
Treatments for Erb’s Palsy
Treatment for Erb’s Palsy typically depends on the severity of the condition. It can include:
- Physical therapy: This involves exercises designed to improve muscle strength and mobility in the affected areas.
- Occupational therapy: This entails activities that help enhance daily functioning and foster independence.
- Surgery: In severe cases, surgical interventions such as nerve grafts or transfers may be necessary to restore function.
- Botox injections: In some cases, Botox injections may be used to relax tight muscles and reduce discomfort.
Caring for a Child With Erb’s Palsy
Caring for a child with Erb’s Palsy requires a combination of medical support and emotional care. Parents can help by:
- Following therapy plans: Physical and occupational therapy sessions are essential for improving a child’s strength and mobility.
- Providing emotional support: Encouraging your child to overcome challenges and celebrating their achievements can boost their confidence and resilience.
- Educating yourself: Learning about the condition and available treatment options will help you better understand and address your child’s needs.
Long-Term Effects of Erb’s Palsy
While some children recover fully from Erb’s Palsy, others may face lifelong challenges, including:
- Chronic weakness or limited mobility in the affected arm
- Decreased coordination
- Psychological challenges stemming from physical limitations
The impact of your child’s Erb’s Palsy will depend on the severity of the initial injury and the success of their treatment.
Prognosis for Erb’s Palsy
The prognosis for Erb’s Palsy depends on the severity of the nerve injury and the timeliness of the child’s treatment. Mild cases can be resolved with therapy, while severe injuries may result in permanent weakness or limited mobility.
Early intervention and a tailored treatment plan are essential to achieving the best possible outcome for your child.
Can Erb’s Palsy Get Worse Over Time?
Erb’s Palsy generally does not worsen over time if treated appropriately. However, severe or untreated cases can lead to complications such as muscle atrophy, joint stiffness, or reduced arm functionality. Early intervention and regular therapy are crucial to minimizing the condition’s long-term effects.
Can Erb’s Palsy Be Cured?
Yes, mild cases of Erb’s Palsy can heal with early intervention. However, cases involving severe damage may require surgery and result in long-term limitations.
Outcomes can vary based on the severity of the injury and the timeliness of its treatment.
Is Erb’s Palsy Considered a Disability?
Yes, Erb’s Palsy can be considered a disability if it significantly impairs the individual’s ability to perform daily activities. Depending on the severity of the injury, children may qualify for special education services or disability benefits.
Is Erb’s Palsy a Neurological Condition?
Yes, Erb’s Palsy is considered a neurological condition because it involves damage to the brachial plexus, a network of nerves that originates in the spinal cord and controls arm movement.
Steps to Take if Your Child Is Diagnosed With Erb’s Palsy
If your child is diagnosed with Erb’s Palsy, it’s important to take the following steps:
- Seek medical advice: Ensure that your child receives appropriate care and medical treatment.
- Document the injury: Keep detailed records of medical visits, diagnoses, and treatments.
- Consult an attorney: Speak with an experienced medical malpractice attorney to learn about your legal options.
Taking prompt action can improve your child’s medical outcome and strengthen your birth injury lawsuit.
Contact a Chicago Erb’s Palsy Attorney Today
If your child has been diagnosed with Erb’s Palsy due to medical negligence, you have the right to seek justice and compensation. A dedicated Chicago Erb’s Palsy attorney from Birth Injury Lawyers Group can guide you through the legal process and help you secure the resources you need to care for your child.
Don’t wait to take legal action. Schedule a free consultation today to begin pursuing justice.
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