Erb’s palsy is a fairly common birth injury that is often preventable if the doctor identifies the risk factors early and follows proper procedures if complications arise. If your newborn has an Erb’s palsy diagnosis, you may be able to pursue a medical malpractice claim based on their birth injury. You could recover compensation for the expenses and losses your family incurred.
For a free review of your case and to discuss your options for seeking a settlement, call the Birth Injury Lawyers Group at (800) 222-9529 today. You can learn a lot about your options by talking to a South Bend Erb’s palsy lawyer familiar with Indiana birth injury law.
For a free legal consultation with South Bend Erb's Palsy lawyer, call 1-800-222-9529
Understanding Erb’s Palsy Causes and Treatment
There are generally three types of palsies resulting from brachial plexus birth injuries:
- Erb’s Palsy: Affects the nerve roots at C5 and C6, with C7 involvement in some cases, leading to concerns about movement and sensation in the upper arm and shoulder.
- Klumpke’s Palsy: Movement in the lower arm and hand is affected because of injury to the lower brachial plexus, including the nerve roots at C8 and T1.
- Total Plexus Injury: Movement and sensation in the entire arm are jeopardized because of injury to the nerve roots at C5 through T1.
Erb’s palsy is the most common brachial plexus injury; the other two types are relatively rare. Any of these conditions can result from the baby’s head and neck being forced away from the shoulder as the baby passes through the birth canal. This injury can occur because of natural forces, but it can also occur because of the technique used by a doctor or another care provider assisting with delivery.
It can also occur because of the:
- Stretching of the baby’s shoulders during a difficult vertex, or head first, delivery.
- Pressure on an infant’s raised arms during a feet- or bottom-first, or breech, delivery.
- Utilization of improper techniques with forceps or vacuum extraction devices.
Shoulder dystocia is one of the most common concerns linked to this birth injury, so doctors should take stock of the risk factors, such as the size of the infant in relation to the size of the mother, before proceeding with a vaginal birth. Failure to do so could lead to a birth injury.
Brachial plexus injuries affect babies in different ways. Some children will heal within a few months on their own, and the only required intervention is occupational therapy to ensure they maintain a normal range of motion in the affected joints. Others suffer more serious injuries to the nerves and may require surgery to regain as much movement and sensation as possible.
If your child sustained a brachial plexus injury during delivery, you should talk to a South Bend birth injury attorney about your case. Contact the Birth Injury Lawyers Group now for help.
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Proving Your Erb’s Palsy Birth Injury Case and Seeking Compensation
Even for babies who fully recover from their Erb’s palsy, rehabilitation can take three to nine months. During this time, 80 to 96 percent of infants will fully recover. Parents will need to continue with the prescribed physical therapy exercises throughout this period.
For those who do not begin to regain sensation and movement in the first few months, the outlook is not positive. They likely sustained a complete tear in the nerve or an avulsion, meaning the nerve root was torn from the spinal cord. Surgery may be necessary, though this still does not guarantee a complete recovery.
Treating Erb’s palsy and learning to adjust to any lasting impairment is a long, tedious, and sometimes expensive process, which includes:
- Medical care costs, possibly including surgery
- Therapy appointments and ongoing support as necessary
- Adaptive tools for children who do not recover full use of their arm
- Out-of-pocket expenses related to the diagnosis and treatment
- Your child’s pain and suffering
- Other non-economic costs
You may be able to recover compensation to help pay for these expenses and losses. Your South Bend Erb’s palsy lawyer will collect evidence to support your claim and handle the legal aspects of your case while you focus on helping your baby heal. This service includes recruiting and securing a medical expert witness to testify on your behalf.
Your attorney may be able to negotiate an out-of-court settlement on behalf of your family or present your case at trial and receive a court award. Call the Birth Injury Lawyers Group at (800) 222-9529 to learn more or get started today.
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There Are Deadlines on Filing an Indiana Birth Injury Lawsuit
Indiana puts a deadline on when your right to file a medical malpractice birth injury case expires. However, these rules are not clear cut when it comes to birth injury cases since the victim is a newborn. Each state has its own rules about how this may alter the timeline and what the new deadline might be.
For help determining how long you can wait to get a true picture of your child’s lasting injury before taking legal action, talk to an attorney who is familiar with birth injury cases in Indiana.
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Discuss Your Case With a South Bend Erb’s Palsy Lawyer
If your child has an Erb’s palsy birth injury that occurred in South Bend or elsewhere in St. Joseph County, you can get help today by hiring a South Bend Erb’s palsy lawyer who will review your case for free. You might be able to take legal action to hold the doctor, another care provider, or the facility where the baby was born responsible. You could secure a financial recovery, possibly without filing a lawsuit.
Call Birth Injury Lawyers Group at (800) 222-9529 now to get started right away.