Any birth can carry complications, and sometimes accidents can be corrected before anything happens. Sometimes, though, negligent doctors or nurses fail to fix a problem and end up harming your child during delivery.
One such complication is Erb’s palsy, which causes partial or total paralysis in a child’s arm. Often, the condition means expensive treatment and possible years of physical therapy. A Maine Erb’s palsy attorney could be able to get your compensation for your child’s injury and hold negligent caregivers accountable.
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What Is Erb’s Palsy?
Erb’s palsy is a condition like cerebral palsy caused by a brachial plexus injury. The brachial plexus is a web of nerves in the body that connect the hands, arms, and shoulders. Damage to the brachial plexus can result in complications for mobility and use of the elbow and shoulder.
It can be hard to detect Erb’s palsy in infants, but it is possible. Some symptoms include:
- Lack of movement in the arm
- An absence of reflexes on the affected side
- Extending the affected arm and holding it close to the body
- Decreased grip
- Weakened arm muscles
If your child has Erb’s palsy, it doesn’t necessarily mean malpractice is to blame, but it is not uncommon. If you believe your child has the condition, you should first go to a medical professional to have it diagnosed. Once you’re sure, you can meet with an Erb’s Palsy lawyer in Maine to see what your options are for getting compensation.
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How Does Erb’s Palsy Happen?
Erb’s palsy occurs when there is a tearing or stretching of the brachial plexus nerves. There is a number of ways that this can happen, but the most common is shoulder dystocia.
Shoulder dystocia occurs when an infant’s shoulders become stuck in the birth canal during delivery, possibly causing undue force on the brachial plexus. According to the March of Dimes, shoulder dystocia occurs in 0.2 to 3% of pregnancies.
Often, shoulder dystocia is a random, unavoidable occurrence. What is avoidable, though, is Erb’s Palsy–even if a child’s shoulders are stuck, with the correct application of force and the right use of medical tools, there does not have to be any injury.
When a medical professional rushes the birth along too fast or misuses tools like forceps or vacuums, it can create an excessive force on the child and result in a brachial plexus injury. If that happens, the doctor or nurse who delivers your child could be guilty of malpractice.
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Can You Sue for Erb’s Palsy?
Yes, in many cases, the injuries that lead to Erb’s Palsy are grounds for a medical malpractice lawsuit. When a caregiver treats you, they owe you a duty of care, which is the standard to which any professional can be reasonably expected to treat you. If someone fails to meet that standard, they are negligent and possibly liable for any damages that they cause.
The majority of medical malpractice claims never make it to a lawsuit, though. Most of the time, claims are settled between parties before they ever go to court. In those cases, the injured party’s lawyer is able to negotiate a fair settlement with the other side’s attorney and the insurance company.
If you are thinking about filing a malpractice claim for your child’s birth injury, you should get a free consultation with an Erb’s palsy attorney in Maine. They will be able to assess your case and tell you what the best course of action would be for you to get compensation.
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How Can a Medical Malpractice Lawyer Help You?
You may be tempted to try to sue for malpractice by yourself, but there’s a good chance that it would not work out in your favor. Many people who try to represent themselves find that the challenges presented by Maine’s legal system and the other party’s lawyers are too difficult to overcome.
Having a skilled Erb’s palsy lawyer by your side could mean the difference between paying for your child’s medical expenses out of your own pocket and getting compensated for your damages. A medical malpractice attorney will be able to:
- Investigate your case and gather evidence of your caregivers’ negligence
- Calculate your damages so you can get compensation for all of the expenses stemming from your child’s birth injury
- Negotiate with the insurance company so they don’t take advantage of you
- Fight for you in court in the rare occurrence that your claim goes to trial
With our firm, there’s no risk of paying for the services of a lawyer if your claim is unsuccessful. That’s because our Maine lawyers work on a contingency-fee-basis, meaning they don’t get paid unless you get compensation.
At your initial consultation, your malpractice lawyer will listen to your story and look at the details of your case. When you agree to hire them, they’ll get to work to make sure you can provide everything your child needs for their health and comfort.
Talk to a Maine Erb’s Palsy Lawyer Today
When your child is injured, the last thing that you need to do is worry about a stressful lawsuit. You should be focused on meeting their every need while they recover. When your child is injured, turn to Maine Erb’s palsy lawyers Birth Injury Law Group.
Call us or contact us online for a FREE consultation with a malpractice attorney in Maine. We want to make sure your child gets the care that they need.