Erb’s palsy can cause your child to experience total or partial paralysis of his or her arms and shoulders. If your child sustained Erb’s palsy during delivery, it may be the result of medical negligence.
Speaking with a New Orleans Erb’s palsy lawyer can help you understand the facts of your situation while establishing what you can claim for compensation. Contact the Birth Injury Lawyers Group for a free consultation with our legal team at (800) 222-9529.
Our office takes claims on a contingency-fee-basis, which means you do not have to make any up-front payments for us to represent you. Instead, we only receive our attorneys’ fees if and when we make a financial recovery for you.
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The Brachial Plexus and Erb’s Palsy
If your child’s brachial plexus is injured during birth, the injury may result in an Erb’s palsy diagnosis. The brachial plexus is a nerve fiber network that begins in the spinal cord. When it is damaged, your child may experience paralysis in his or her hands, arms, or shoulder.
There are four types of Erb’s palsy injuries, including:
- Rupture: the brachial plexus is torn but still connected to the spinal cord
- Avulsion: the brachial plexus is torn from the spinal cord
- Neuroma: the brachial plexus has healed, but scar tissue remains
- Neuropraxia: there is localized nerve trauma on the brachial plexus
Erb’s palsy may occur when the baby’s shoulder is lodged behind the mother’s cervix during childbirth. Pulling on his or her head and neck can stretch the brachial plexus and cause a temporary or permanent injury.
Depending on the severity of the injury, treatments for Erb’s palsy can range from physical therapy to surgery. While many babies with Erb’s palsy are able to make a full recovery, some may experience symptoms of this condition permanently.
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When Erb’s Palsy Injuries Are Preventable
While there are some situations in which an injury was not preventable, there are other situations in which your doctor may have been able to take a different, safer course of action during prenatal care, delivery, and post-delivery care. This could entail screening the mother and child for a difficult labor or recommending a Cesarean section, or C-section, delivery.
If a doctor neglects to take these precautions, a child may be injured during a difficult delivery when:
- The child becomes stuck during delivery
- Forceps or a vacuum extraction device are used incorrectly
- Excessive force is applied
A competent physician may have been able to anticipate problems during labor adequately. There are governing laws to protect patients like you and your child by ensuring that doctors meet the medical standard of care.
If your doctor negligently or carelessly violates this standard, he or she may be liable for medical malpractice.
A delivery involving medical malpractice gives you the green light to go after the hospital or physician to receive compensation for you and your child’s physical, financial, and emotional harm.
If you believe that your child’s Erb’s palsy could have been caused by doctor negligence, contact the Birth Injury Lawyers Group. We represent New Orleans families in medical malpractice lawsuits. For your free consultation, call (800) 222-9529. There is absolutely no obligation when calling our office. We are here to offer legal help.
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Proving Medical Malpractice
Your medical malpractice case may focus on proving that your doctor or hospital acted with negligence during childbirth.
This may require producing evidence that:
- A doctor-client relationship existed
- The doctor owed you a medical duty of care
- He or she breached this duty with negligence
- The breach resulted in an injury to your child
- The injury resulted in a financial loss to you
Your case may also require testimony from a medical expert that the level of care you received fell below a reasonable standard and that another doctor in the same situation would have acted differently.
When you hire the Birth Injury Lawyers Group, we can investigate your case for malpractice and preserve the evidence available that speaks to malpractice. We can hire a medical expert to testify in your defense, if necessary.
Once we have sufficient evidence of malpractice, our New Orleans Erb’s palsy lawyers can work toward negotiating an insurance settlement or fighting for a civil court award on your behalf.
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Compensation for Erb’s Palsy Birth Injuries
Although the compensation in each case is different, you may be able to recover damages in an Erb’s palsy medical malpractice case. Your Erb’s Palsy attorneys will explain all your legal options and opportunities regarding the compensation you can receive depending on your case’s specificities. The following list is not complete, but it can give you a clearer picture on the economic and noneconomic damages you could seek:
- Reimbursement for medical care deemed negligent
- Medical bills and costs of treatment for your child’s Erb’s palsy
- The estimated future costs of treatment
- Lost work wages if either parent most stop working
- Pain and suffering
- And more
A representative of our firm may be able to discuss what compensation could be available in your case when you call the Birth Injury Lawyers Group for a free consultation.
Our New Orleans Erb’s Palsy Lawyers Can Fight for You
The Birth Injury Lawyers Group invites you to contact our office for a free case evaluation right now to inquire about your options. Request your evaluation by calling (800) 222-9529.
Do not delay in taking legal action if you believe you may be eligible for a medical malpractice lawsuit. Louisiana imposes a statute of limitations, or legal time limit, on how long you have to sue. We can discuss what time limits pertain to your case when you call us for a consultation.
The Birth Injury Lawyers Group operates on a contingency-fee-basis, meaning you pay us nothing to work for you unless you recover a settlement or court awards at the end of your case.