When delivering your child, doctors and nurses are responsible during every step of the process. Sometimes, when something goes wrong, it’s a simple accident that can’t be avoided. Sometimes, though, your child can be injured because of medical negligence.
If your child developed Erb’s palsy after a birth injury, there’s a chance that a negligent caregiver was responsible. If that’s the case, an Erb’s palsy attorney in Kentucky can help. You should have someone representing you who knows the ins and outs of malpractice law and can get you compensation for your child’s medical expenses.
We offer free consultations with birth injury lawyers in Kentucky, so don’t hesitate to get in touch about your case. There is often a deadline to get a settlement, though, so don’t wait too long and miss your chance.
What Is Erb’s Palsy?
Erb’s palsy is a condition that affects an infant’s arm and shoulder, making it difficult to flex their elbow and restricting their movement. Erb’s palsy usually occurs when the brachial plexus is stretched or torn–the brachial plexus is the web of nerves that connects the shoulder to the spinal cord.
The condition can be scary, but parents of children with Erb’s palsy should rest assured that, with the right treatment, their baby could be able to make a full recovery. If your child is exhibiting signs like a stiff or weak arm, you should go to the doctor as soon as possible.
The most common time that Erb’s palsy develops is directly after an injury that occurs during birth. That’s why parents of children with the condition so often seek out birth injury lawyers to represent them. An infant’s Erb’s palsy could be due to an unavoidable situation, but the condition is also commonly tied to malpractice.
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How Erb’s Palsy Is Caused
The most common cause of an Erb’s palsy injury is an event called shoulder dystocia, which happens when a child’s shoulder becomes lodged in a way that makes it hard to remove from the birth canal. The March of Dimes states that shoulder dystocia happens in 0.2% to 3% of pregnancies.
Caregivers are often able to remedy shoulder dystocia by repositioning the mother’s body or calling for a preventative cesarean section. If a doctor or nurse fails to perform their duty properly, then they could be guilty of malpractice.
Other ways that medical professionals can cause Erb’s palsy through malpractice include:
- Improper use of medical tools like forceps and vacuum extractors
- Excessive force when removing a baby’s head and shoulders from the birth canal
- Pulling on a baby’s arms during delivery
- Pulling on a baby’s feet during a breech delivery
If a caregiver fails to avoid a situation where a baby’s brachial plexus is damaged or makes the situation worse, then they could be liable for your damages.
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Is Erb’s Palsy Treatable?
Yes, Erb’s palsy is often treatable and many children affected by it are able to make a full recovery. The most common and effective treatment is regular physical therapy. By performing certain exercises with the help of a physical therapist, your child’s muscles and joints can heal and un-stiffen.
In more extreme cases, your child may need surgery to heal from their brachial plexus injury. A doctor may graft or transfer nerves in your child’s muscles, either taken from another muscle in the body or from a nerve donor. After surgery, your child will still need ongoing treatment to recover their strength and range of motion.
No matter what treatment your child needs, medical procedures and therapy can become very expensive very quickly. If someone else was at fault for your baby’s injuries, then they should be responsible for your child’s treatment. By filing a medical malpractice claim and getting the help of an Erb’s palsy attorney in Kentucky, you could be able to get compensation.
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Can You Sue for Erb’s Palsy?
If a caregiver’s negligence was the cause of your child’s condition, then yes, you can sue for Erb’s palsy. For you to have a valid claim, the following needs to be true:
- The doctor or nurse owed you a duty of care. This is the standard to which any professional of their education level and location can be expected to uphold. When you’re being treated, the professional almost always owes you a duty of care.
- The caregiver breached their duty of care. Failing to recognize an avoidable problem or making a mistake that most others wouldn’t count as a breach of the duty of care. This breach is what lawyers mean when they talk about negligence.
- Your caregiver’s negligence caused you and your child specific demonstrable damages.
The truth is that, when you bring forward a medical malpractice claim, a lawsuit typically isn’t even necessary. With the right Kentucky Erb’s palsy lawyer by your side, you stand a good chance of getting a settlement before your claim goes to court.
Our Kentucky birth injury lawyers don’t charge anything upfront, so you don’t need to worry about paying for a lawsuit that won’t get you results. We know how to investigate your case and gather the evidence that proves you’re the victim of malpractice.
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Talk to an Erb’s Palsy Lawyer in Kentucky Today
After a birth injury, your child’s safety and health are your number-one priority, and they should be your lawyer’s, too. The Kentucky Erb’s palsy attorneys at Birth Injury Law Group want to make sure you have the resources you need to pay for your child’s treatment.
Call us or contact us online today to get a FREE consultation with a birth injury lawyer. We can help you hold negligent caregivers responsible.
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