When medical negligence occurs in the delivery room, it can leave your baby with lifelong disabilities. If your child sustained a Brachial Plexus injury due to the irresponsible actions of an obstetrician or midwife, you may be able to file a medical malpractice claim against the responsible party.
An Erb’s palsy lawyer in Michigan can help you hold the at-fault practitioner liable and demand that they compensate you for your losses. The attorneys in our network have experience litigating birth injury claims like yours and know how to secure the settlement you need for your child to have a better life.
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Symptoms of Erb’s Palsy in a Newborn
Recognizing the symptoms of Erb’s palsy in a newborn is crucial for early intervention and appropriate medical care. Erb’s palsy, sometimes called brachial plexus palsy, is a condition that can occur during childbirth, resulting in damage to the brachial plexus nerves in the infant’s shoulder and arm.
Common symptoms to watch out for include:
- Weak grip: Infants with Erb’s palsy may exhibit a weakened grip in the affected hand. They may have difficulty grasping objects or holding onto them securely.
- Limited range of motion: Restricted movement is a key indicator of Erb’s palsy. The infant may have difficulty moving their shoulder, elbow, wrist, or fingers on the affected side. Their range of motion may be noticeably reduced compared to the unaffected arm.
- Arm weakness: Erb’s palsy can cause significant weakness in the affected arm. The infant may have trouble lifting or moving the arm properly.
- Lack of Moro reflex: According to MedlinePlus, the Moro reflex, also known as the startle reflex, is a normal reaction in newborns where they extend their arms and legs in response to a sudden noise or movement. In infants with Erb’s palsy, the affected arm may not fully participate in the Moro reflex or exhibit a weaker response.
- Arm positioned against the body: The affected arm may hang down by the infant’s side in a rotated inward position. This is often called the “waiter’s tip” position.
If you notice any of these symptoms or suspect that your baby may have Erb’s palsy, it is crucial to consult with a medical professional for a comprehensive evaluation. Early diagnosis and intervention can significantly improve the prognosis and treatment outcomes for infants with Erb’s palsy.
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A Michigan Erb’s Palsy Lawyer Can Help You Get Access to Treatment
If your child sustained a brachial plexus injury at birth, one of our experienced birth injury lawyers could help you navigate the legal process and obtain compensation to cover medical costs, therapies, and other necessary support.
If left untreated, Erb’s palsy can cause lifelong symptoms, including limited mobility, chronic pain, hypersensitivity, and paralysis of the arm. Luckily, there are several treatment options for your child, including physical therapy, injections, and, in some cases, surgery.
Although the parent may be able to perform physical therapy at home, you’ll need compensation to cover other treatment methods and losses associated with your child’s condition. An experienced attorney in Michigan can demand payment for your child’s treatment and any other losses you and your family have incurred.
We understand families’ challenges when dealing with birth injuries. We are dedicated to providing compassionate legal representation and fighting for the rights of those affected by Erb’s palsy.
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Damages an Erb’s Palsy Lawyer Can Fight for
An Erb’s palsy diagnosis can result in expenses and losses other than treatment bills. Although being able to pay for your child’s medical bills is the primary purpose for seeking damages, getting the most out of your claim can help relieve some of the financial pressure that comes with an Erb’s palsy diagnosis.
A lawyer in Montana can review your case and determine which damages you’re eligible to receive. Here are several of the costs and losses your attorney can help you seek compensation for:
- Past, present, and future medical expenses
- Pain and suffering
- Emotional trauma
- Wages you’ve missed out on while taking care of your child
- Therapy and other treatments
- Child’s loss of opportunities (if the condition is permanent)
- Cost of medical devices
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An Erb’s Palsy Lawyer in Michigan Can Prove Liability
In order to get you the damages you need to help your newborn, your Erb’s palsy attorney must prove that your physician failed to uphold the standard of care they owed you and your child.
Your Erb’s palsy lawyer in Michigan will gather the following pieces of evidence to hold the at-fault medical professional accountable:
- Medical records
- Medical treatment bills
- Eye-witness accounts
- Medical tools used during your delivery
- Testimony from medical experts
- Documented medical precedents
Once your attorney has investigated your case and collected sufficient evidence, they can prove that the doctor’s negligence directly caused your child’s injury. If the liable party fails to offer an appropriate settlement, your lawyer will take your case to court and use the evidence they’ve gathered to sway the jury in your favor.
An Erb’s Palsy Attorney Can Build a Claim Regardless of How Your Child Was Injured
A newborn can sustain the injuries that cause Erb’s palsy in several ways. An attorney will be closely familiar with the mistakes that cause nerve damage. They’ll also adjust their legal strategy according to the specifics of your child’s injury.
Here are several examples of the medical incidents your Erb’s palsy lawyer could build a case around:
- Breech birth: If your physician pulls too hard on your child’s feet during a footling breech (feet-first) delivery, it can damage your baby’s brachial plexus nerves and cause Erb’s palsy.
- Cephalic delivery: Your newborn’s neck and shoulder nerves can also be damaged if the doctor pulls too hard on their shoulders during a cephalic (head-first) delivery.
- Improper use of medical instruments: Some situations require assistive delivery tools like forceps or vacuum extractors. If these tools are used incorrectly, they can cause your child’s nerves to stretch and tear.
- Shoulder dystocia: If your baby’s shoulder gets stuck in the birth canal, your physician might have to pull on their head to complete the delivery process. If this isn’t done carefully, it can damage your newborn’s nerves.
Even during a difficult delivery, doctors, nurses, and midwives must follow established protocols and provide a reasonable standard of care. They can be held liable for their negligence when they fail to do so.
Statute of Limitations for Filing an Erb’s Palsy Lawsuit in Michigan
In Michigan, you have two years from the date of your child’s injury to file a medical malpractice lawsuit. However, if your child’s nerve injury is discovered later, you must file your claim within six months of the diagnosis.
If a medical professional has injured your child and you plan to seek financial compensation for your losses, you must take legal action before the deadline. That said, there are exceptions to the statute of limitations.
An experienced medical malpractice lawyer who regularly handles birth trauma cases can explain how the deadline applies to your case.
An Erb’s Palsy Attorney Can Negotiate With Insurance Companies
Insurance companies are infamous for ambushing injury victims with lowball settlement offers. If you receive an offer from the negligent party’s insurer, have a skilled birth injury attorney look it over before you sign. A qualified lawyer will be able to determine if the offer is sufficient and negotiate a higher amount if necessary.
Predatory insurers will use various tactics to deny you the compensation you are owed. Fortunately, our Erb’s palsy attorneys in Michigan know how to handle insurance companies. They are skilled negotiators and aren’t afraid to take the defendant to court if an appropriate settlement isn’t offered.
Our Erb’s Palsy Attorneys in Michigan are Ready to Help
Finances shouldn’t be a barrier to receiving first-rate legal counsel. That’s why our lawyers work for a contingency fee, which is a portion of your settlement or court verdict. This arrangement means you won’t pay a dime in out-of-pocket fees, even if your case is unsuccessful.
You’ve got nothing to lose and everything to gain from hiring an Erb’s palsy lawyer from Michigan. Your attorney will investigate the malpractice that resulted in your child’s diagnosis and hold the at-fault physician liable for economic and non-economic damages.
Call or contact us online to get your free case evaluation and start the process of filing a claim.
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