If your child has Erb’s palsy as a result of a birth injury, you may be able to hold the doctor or facility responsible and seek compensation. Financial recovery can help you pay for your child’s treatment and other related losses.
The Birth Injury Lawyers Group can review your case for free today. You may be able to take legal action on your child’s behalf with the assistance of a Sterling Heights Erb’s palsy lawyer. Call (800) 222-9529 now to get started.
For a free legal consultation with Sterling Heights Erb's Palsy lawyer, call 1-800-222-9529
Erb’s Palsy Causes and Risk Factors
Erb’s palsy occurs when the nerves that run from the brachial plexus to the arms and hands are stretched. As a birth injury, this often occurs during delivery when the shoulder gets stuck and the doctor or another care professional puts too much pressure on the head. This allows the shoulder to deliver, but can damage these nerves. In some cases, this can also occur during cesarean section deliveries.
In many cases, Erb’s palsy is preventable. It is possible to deliver a baby with shoulder dystocia (a stuck shoulder) without causing a brachial plexus injury by using recommended techniques. In deliveries with an increased risk of shoulder dystocia or other concerns, a cesarean section may be a better option, and failure to call for one may be medical malpractice.
Risk factors for a brachial plexus injury, including Erb’s palsy, include:
- Large newborns
- Mothers with a small pelvis
- Forceps delivery
- Vacuum extraction
- Older siblings who suffered a brachial plexus birth injury
The signs of Erb’s palsy are often apparent in the first hours after birth. The baby will have limited movement in the upper part of the affected arm, and the nurses, doctor, or family members will likely notice symptoms. This will prompt an exam and diagnosis based on the physical examination.
If your newborn has an Erb’s palsy diagnosis, you may be able to hold the doctor, hospital, or birth center responsible. You may be eligible for financial recovery. Call the Birth Injury Lawyers Group today at (800) 222-9529 for a free case review.
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Recoverable Damages in a Sterling Heights Birth Injury Case
In many cases, doctors choose to monitor the baby closely and watch for improvement. Your doctor may refer your child for physical therapy or teach you how to do daily exercises with your child to maintain their strength and range of motion. If they do not improve in a few months, surgery may be necessary. This will need to be done before their first birthday for the best results.
While many children do not require extensive treatment or surgery for Erb’s palsy, the costs of monitoring and therapy can add up quickly. When children have lasting effects, they may also require special equipment and other support.
Recoverable damages may include:
- Current and future medical monitoring and care
- Current and future physical therapy and other prescribed support
- Adaptive equipment as necessary for children with ongoing challenges
- Related out-of-pocket expenses
- Pain and suffering
- Other noneconomic damages
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Seeking Financial Recovery Through a Sterling Heights Erb’s Palsy Claim
If your newborn sustained a brachial plexus birth injury in a hospital or birth center in Macomb County or elsewhere in the Detroit tri-county area, you may be able to hold the doctor or facility liable.
You may be able to seek financial recovery that will pay for your child’s physical therapy, treatment, and ongoing care if needed. You may also be able to make a case for noneconomic losses, such as the pain and suffering your child endured.
Building a case to file a medical malpractice birth injury claim or lawsuit requires collecting evidence that may include:
- Both the mother and the child’s relevant medical records
- Other documentation of your child’s condition
- Expert testimony about your child’s treatment and prognosis
- Documentation of your related expenses and losses
In medical malpractice cases, your state may require a medical expert witness who reviews the facts of your case and agrees that your child has Erb’s palsy due to medical malpractice, generally because a doctor or another care provider failed to provide an acceptable standard of care.
Your Sterling Heights Erb’s palsy lawyer can help you build a compelling case, including identifying the best medical expert witnesses to support your claim. Once they have a strong case, they can attempt to negotiate an out-of-court settlement or take your case to trial.
Call the Birth Injury Lawyers Group now at (800) 222-9529 to talk to someone about your case.
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Michigan Has Deadlines on Filing Birth Injury Cases
The Michigan Legislature has a deadline for filing a medical malpractice case. However, the rules may differ when it comes to birth injury cases. In some cases, the law may allow an exception to this deadline because the victim was a newborn. You may not know how the injury will fully affect your child for a year or more, but you will still need to take legal action before time runs out.
To learn more about the time limits that apply in your Sterling Heights Erb’s palsy birth injury case, you may want to reach out to a Metro Detroit or Macomb County birth injury lawyer. They will be familiar with the laws in Michigan.
Seek Assistance From a Sterling Heights Erb’s Palsy Lawyer
If your child has Erb’s palsy, it could take months before you know if their condition will heal or if they will live with related impairments for the rest of their life. The Birth Injury Lawyers Group understands that this is stressful and frustrating. We can offer support and information to help you navigate the legal process.
The Birth Injury Lawyers Group can help you with your case today. Call (800) 222-9529 for a free evaluation of your case and to learn more about the process of filing a claim or building a case for a birth injury lawsuit.
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