If your child sustained a brachial plexus birth injury such as Erb’s palsy (also referred to as Erb palsy) during or shortly after their birth in a metropolitan Detroit area hospital or birthing center, you may be able to take legal action on their behalf. It may be possible to hold the liable doctor or facility responsible and recover damages, including your family’s medical care costs and pain and suffering.
You can get a free case review today by calling a Detroit birth injury lawyer at the Birth Injury Lawyers Group at (800) 222-9529. You can get answers to your questions and a better understanding of your rights.
Getting a Diagnosis For Your Newborn With Erb’s Palsy
Brachial plexus birth injuries occur when the baby’s neck is stretched too far, and the nerves that connect the shoulder and arm to the spinal cord suffer damage. The uppermost nerves allow sensation and movement in the shoulder and upper arm. Damage to these nerves creates a condition known as Erb’s palsy.
This type of birth injury is most common when:
- The baby is unusually large, or too large for the mother’s pelvis.
- The baby’s shoulder gets stuck behind the pelvic bone (shoulder dystonia).
- The baby is in a breech position (bottom first).
- There is an extended second stage of labor.
- There is a reason to deliver the baby quickly.
If there were risk factors, the care team may screen your child for brachial plexus injuries. Even without specific screening, these injuries are usually fairly recognizable shortly after birth.
The doctor or other health care provider will observe how the baby moves the affected arm, examine the arm and hand visually, and test for sensation. This may be enough to diagnose the condition, although some doctors may refer the infant for imaging scans. The doctor may also refer the infant to a nerve conduction study, electromyogram (EMG), or electrodiagnosis test. This will confirm the diagnosis and help you and the care team understand the baby’s injuries.
A Detroit Erb’s palsy lawyer can help you understand your legal options during this difficult time. To learn more about building an Erb’s palsy birth injury case, call the Birth Injury Lawyers Group now at (800) 222-9529.
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Damages Recoverable in a Detroit Erb’s Palsy Case
Babies frequently make a complete or nearly complete recovery from Erb’s palsy. However, this is not always the case. For some babies, the prognosis is not as good. They may require surgery to repair nerves or graft nerves from elsewhere, and the results are generally not perfect. The child may regain some movement and sensation but may have lasting impairment.
When you pursue damages in an Erb’s palsy case, you can seek damages that consider your child’s prognosis and accounts for both current and future expenses and losses. These may include:
- Current and future medical monitoring
- Surgery or other interventions, as necessary
- Current and future physical therapy
- Adaptive equipment if necessary
- Related out-of-pocket expenses, such as parking during doctor’s appointments
- Pain and suffering
- Other noneconomic damages
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Seeking a Payout in Your Metro Detroit Erb’s Palsy Case
If your child has an Erb’s palsy diagnosis, you may be eligible to take legal action against the doctor or medical facility to hold them responsible for their negligent actions. You may be able to recover a payout to help with your child’s medical bills and other losses. Your Detroit Erb’s palsy attorney can help you build your case and take action on behalf of your child and your family.
Your state may require medical malpractice victims to have a medical expert witness testify on their behalf. In Erb’s palsy cases, this is often a doctor who regularly delivers babies or has similar experience, and who can confirm that the mother and baby did not receive an acceptable standard of care, and this led to a brachial plexus injury.
In addition to finding an expert witness to testify on your behalf, your Detroit birth injury attorney will also take additional steps to build your case, including:
- Reviewing all relevant medical records
- Collecting other documentation of your child’s condition, treatment and outcome, and prognosis
- Identifying and working with additional experts as necessary
- Collecting evidence to document future care expenses
- Gathering documentation of your related expenses and losses
After they have enough evidence to support your claim, they can attempt to negotiate a settlement agreement or file a lawsuit on your family’s behalf.
The Birth Injury Lawyers Group can help the families of babies with Erb’s palsy in the metropolitan Detroit area, including counties such as Macomb, Oakland, and Wayne. Call (800) 222-9529 today and receive a free review of your case.
"We know first-hand what you are going through."
Your Detroit Birth Injury Lawyer Can Explain The Time Limit in Your Erb’s Palsy Case
When it comes to time limits for filing an Erb’s palsy birth injury case in Detroit, there are several factors that may play a role. The statute of limitations in your state will determine how long you have to file a lawsuit. For example, Michigan Statute § 600.5805 discusses the limitations for various cases such as injuries to persons or property. In some cases, your time limit may be longer. The following may affect how long you have to take legal action:
- When the victim discovers the malpractice and their injuries
- The age of the victim and if there are rules that allow tolling of the time limit when the victim is an infant
- If there is a statute of repose that sets a firm time limit for filing a birth injury lawsuit
Discussing your case with Detroit Erb’s palsy lawyer may be the best way to get a good understanding of the rules that apply to your family’s birth injury case. A Detroit Erb’s palsy attorney will be able to determine how long your family has to take legal action.
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Talk to a Detroit Erb’s Palsy Lawyer
A doctor or another medical care provider’s negligence during delivery can cause Erb’s palsy and other brachial plexus injuries to a newborn. If your child has Erb’s palsy, you may be able to take legal action and recover damages to help pay for treatment, physical therapy, your child’s pain and suffering, and more.
You can get help with your case today. Get a free case review and learn more about your legal options by calling the Birth Injury Lawyers Group now at (800) 222-9529.
"We are committed to helping families who have suffered medical negligence."