If your newborn received a diagnosis of Erb’s palsy or another brachial plexus injury after delivery in a Carmel hospital or birthing center, you may have a medical malpractice case against the doctor, another medical care professional, or the facility. A birth injury lawyer familiar with medical malpractice laws can help you understand your rights and take legal action on your behalf.
To learn more about your options, call the Birth Injury Lawyers Group at (800) 222-9529 for a free consultation. You can discuss the facts of your case, your child’s prognosis, and your family’s related damages.
For a free legal consultation with Carmel Erb's Palsy lawyer, call 1-800-222-9529
Erb’s Palsy May Be a Lifelong Condition for Some Children
While most babies who have Erb’s palsy related to a birth injury will recover fully within three to nine months after birth, some show little progress during this observation period. These infants may have a more severe injury, such as a complete tear of the brachial plexus nerve or the nerve has severed from the spinal cord (avulsion). Nerve graft surgery or a nerve transfer may be necessary for these babies.
However, it is important to note that surgery does not often lead to a complete recovery. Instead, it is one part of a larger plan to manage the condition and help the child reach their full range of abilities. Children with this type of severe brachial plexus injury may require:
- Ongoing monitoring of nerve healing for several years following surgery
- Ongoing physical and occupational therapy to preserve a range of motion
- Additional support and assistance with daily tasks when compared to peers
- Assistive devices to help them gain independence as they grow
Unfortunately, it is impossible to tell which newborns will recover completely and which will have a lasting injury during the initial diagnosis or monitoring period. In general, these injuries are apparent to doctors, nurses, and parents shortly after birth because of the numerous signs, including:
- No movement in the affected shoulder or upper arm of a newborn with Erb’s palsy
- No Moro reflex in the affected arm
- A telltale arm position with the arm straight at the elbow and held closely against the body
Following diagnosis, the diagnosing doctor will likely prescribe a “watch and wait” plan to monitor the baby’s progress. This plan combines regular at-home physical therapy with frequent visits to the doctor to check for signs of improvement. If there are no signs of sensation or movement in several months, the infant will likely receive a referral for a surgical consult.
To learn more about your options for pursuing a payout based on your child’s Erb’s palsy diagnosis, contact the Birth Injury Lawyers Group today for a free consultation. Our Carmel Erb’s palsy lawyers are here to help your family.
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Building a Strong Case to Support My Carmel Erb’s Palsy Case
If your child sustained a brachial plexus birth injury in Carmel or elsewhere in Hamilton County, Indiana, you may be able to pursue financial recovery by holding the doctor or another liable party responsible in a medical malpractice lawsuit. Doctors and other medical care providers have a responsibility to provide a certain standard of care to all patients, including pregnant mothers and their babies.
Medical malpractice can lead to this type of birth injury when the care provider:
- Fails to consider the risk factors for shoulder dystocia
- Fails to call for a cesarean section (c-section) when the risks are too high
- Uses improper techniques to free a baby’s shoulders during delivery
- Uses improper techniques with forceps or a vacuum delivery device
To prove a medical malpractice birth injury case and secure compensation for your family, your Carmel Erb’s palsy lawyer will enlist a medical expert witness to testify on your behalf. They will review the facts of your case and determine the acceptable standard of care based on those facts.
If they find your care team did not provide an acceptable standard of care, you will be able to file a medical malpractice claim or lawsuit. Your lawyer will gather additional evidence to support your case and handle the pursuit of a settlement or court award on behalf of your family. This service allows you to continue to focus on your child’s care and healing.
Call the Birth Injury Lawyers Group today at (800) 222-9529 for a free consultation.
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Damages Available in a Carmel Erb’s Palsy Settlement or Suit
When you receive a settlement or court award in a Carmel Erb’s palsy case, the compensation will represent the documented expenses and losses your family sustained because of the birth injury, treatment, and any permanent damage, which may include:
- Current and future medical care costs related to Erb’s palsy treatment
- Prescribed therapy and ongoing care
- Adaptive tools as needed because of the child’s injuries
- Out-of-pocket expenses related to the diagnosis or treatment
- The child’s pain and suffering
- Other non-economic costs
It is important to note that each state sets its own deadlines for filing birth injury lawsuits. There is no universal rule for how long you have to take action. In fact, there are many factors that play a role in setting these deadlines, and it can be difficult to determine.
To ensure you do not lose the right to file a medical malpractice lawsuit based on your child’s birth injury, you should talk to a Carmel Erb’s palsy lawyer who is familiar with the state’s birth injury laws as soon as possible.
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Talk to a Carmel Erb’s Palsy Attorney About Your Case
You can get help today if you believe your child’s Erb’s palsy occurred as a result of a preventable birth injury. You may be able to file a claim or medical malpractice lawsuit to hold the responsible parties liable and recover a payout.
Call the Birth Injury Lawyers Group today at (800) 222-9529 to learn more.