An Erb’s palsy birth injury is a brachial plexus injury that can lead to muscle weakness, nerve damage, developmental delays, and many other complications. If your child’s condition resulted from medical malpractice during the labor and delivery process, you deserve compensation from the responsible party or parties. A Wichita Erb’s palsy birth injury lawyer can help you take on the doctor and facility that caused the injury.
At the Birth Injury Lawyers Group, we will build a claim on your behalf by identifying the responsible entities and collecting evidence establishing their negligence. We never charge a fee until our clients get paid. When you work with the Birth Injury Lawyers Group, you pay for results.
To speak with a member of our team and receive a free Erb’s palsy case evaluation, call the Birth Injury Lawyers Group today at (800) 222-9529.
For a free legal consultation with Wichita Erb's Palsy lawyer, call 1-800-222-9529
Causes of Erb’s Palsy
Erb’s palsy occurs when the nerves of a newborn baby’s upper shoulder are compromised during the delivery process. This damage can happen during a difficult birth when the shoulders get stuck in the birth canal. When a doctor and their staff take the proper precautions the chances of an injury leading to Erb’s palsy should be minimal, but carelessness or plain negligence can lead to an otherwise preventable injury.
While Erb’s palsy happens at birth, it can inflict damage that lasts a lifetime. As a child grows up, their parents may have to spend time and money on doctor visits, procedures, therapies, and medical equipment to accommodate the condition.
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How Erb’s Palsy Can Affect One’s Life
Erb’s palsy can unleash a torrent of symptoms on the body as it develops.
Some of these symptoms of brachial plexus injuries include:
- Pain. The damaged nerves can activate pain receptors in the body that either flare up periodically or result in chronic discomfort.
- Numbness. Nerve damage may cause a lack of sensitivity, as healthy nerves provide us with our tactile sensations.
- Muscle weakness and atrophy. Without proper feeling in certain areas of the body, it becomes difficult to build and maintain muscle tone.
- Stiff joints. Likewise, the impaired body movement that results from nerve damage can lead to stiff, immobile joints.
- Impaired movement. People with Erb’s palsy may have difficulty performing fine motor functions, including writing, typing, and lifting.
The rate of recovery for those afflicted with Erb’s palsy is promisingly high. Out of 100 patients with the condition, 80% to 96% will achieve a range of movement in the afflicted limb with the help of physical therapy and medical intervention, according to a scholarly study of Erb’s palsy. However, these services do not come cheap.
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Costs of Erb’s Palsy
Erb’s palsy can inflict more than physical and emotional tolls on the sufferer and their family. The condition can also lead to a host of financial expenses, many of which will last throughout the person’s life. Because it is a chronic ailment with no permanent cure, it often requires continuous medical care. This treatment is critical during the early childhood years when the right combination of therapy and medication can help the body adapt and can lead to fewer complications and a higher degree of autonomy down the road.
Some of the costs associated with raising a child with Erb’s palsy may include:
- Regular doctor visits
- Surgeries or medical procedures
- Physical and occupational therapy
- Special schooling or tutoring
- Assistive medical devices, such as a brace or sling
Families of children with Erb’s palsy may incur additional expenses than the ones we have listed here.
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Building an Erb’s Palsy Birth Injury Claim
If you believe your child’s condition resulted from negligence on the part of a doctor or their staff during childbirth, a Wichita Erb’s palsy lawyer from our team will investigate your situation to establish liability.
To build a compelling case, we will need to prove four things.
Duty of Care
We must show that the doctor, medical staff member, or facility owed you a duty of care by administering medical treatment. This duty is implicit in any doctor-patient relationship, and it extends to the doctor’s staff as well as to the medical facility where any procedure is taking place.
Breach of Duty
We also must demonstrate that the responsible party breached their duty of care by not behaving in a manner that one would expect from a reasonable professional in the same scenario.
We must draw a clear cause-and-effect relationship between the responsible party’s failure to uphold their duty of care and your child’s Erb’s palsy birth injury. We will call upon many forms of evidence to make this connection clear, including prenatal records.
Finally, we will tabulate the damages (both economic and noneconomic) that you incurred as a direct result of your child’s birth injury. We will file a medical malpractice lawsuit and pursue the full amount, either through an out-of-court settlement or before a judge.
Your Erb’s Palsy Birth Injury Compensation
A Wichita Erb’s palsy lawyer with the Birth Injury Lawyers Group will help you fight for fair compensation that covers expenses relating to your child’s Erb’s palsy diagnosis.
We may be able to help you recover a settlement that includes money for:
- Ongoing medical services
- Prescription drugs
- Physical and occupational therapy
- Assistive medical devices
- Lost wages due to extensive childcare
- Emotional distress
- Reduced quality of life
If you wish to seek damages for an item we have not listed here, we encourage you to share that with us during your initial consultation. Every child’s Erb’s palsy diagnosis is different and may require varying levels of care.
The Statute of Limitations
You are bound by a statute of limitations that is set by your state and may vary based on the unique circumstances of your case. A Wichita birth injury lawyer can evaluate your claim, let you know of all applicable deadlines, and take quick action to prevent the statute from expiring on your case.
Call Today for a Free Wichita Erb’s Palsy Birth Injury Consultation
The Birth Injury Lawyers Group wants to get to work on your Erb’s palsy birth injury claim today. We offer a free initial consultation and never charge a fee until you get paid. To speak with a member of our team, call (800) 222-9529.