Erb’s palsy and other brachial plexus injuries are often preventable. If your child sustained a preventable birth injury because of a doctor or another medical provider’s negligence, you may be able to take legal action on their behalf. Recovering compensation can help you cover the cost of treatment and monitoring, as well as other expenses.
For a free case review, reach out to the Birth Injury Lawyers Group now. Call (800) 222-9529 to talk to someone about the facts of your case and your rights.
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Understanding How Erb’s Palsy Affects Your Newborn
Erb’s palsy also referred to as Erb Duchene palsy is a type of brachial plexus injury, which occurs when the neck is stretched too far, and the upper nerves of the brachial plexus suffer injuries. These injuries may range from minor stretching to tearing away from the brachial plexus or tearing in two.
The upper nerves of the brachial plexus connect the spinal cord with the upper arm. A child with this type of injury may not be able to lift their arm or move their shoulder but may be able to move their hand and fingers. It is often diagnosed soon after birth when a caregiver or parent notices the symptoms.
Outcomes for Babies Diagnosed with Brachial Plexus Palsy
Most infants diagnosed with brachial plexus palsy or another brachial plexus birth injury recover fully without significant medical intervention. Doctors will observe them closely for several months while parents work with the baby to ensure they maintain range of motion. Generally, both movement and sensation return.
However, not all injuries heal completely or at all. In some cases, the baby has a lasting impairment and may need additional therapy or adaptive equipment as they grow. Surgery to repair nerves may be helpful but does not generally fully correct the damage done.
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Pursuing Damages for Birth Injuries
If your baby suffered a birth injury that caused Erb’s palsy, you may be able to file a claim or a medical malpractice lawsuit and recover compensation to pay for your related damages. Potentially recoverable compensation could pay for a wide range of economic and non-economic expenses and losses, including:
- Current and future medical care, including surgery when necessary
- Physical therapy, occupational therapy, and other prescribed therapies
- Adaptive equipment prescribed by doctors and therapists
- Out-of-pocket expenses related to your child’s diagnosis and treatment
- Pain and suffering
- Other non-economic damages
If you believe you may have a birth injury claim, reach out to a Warren Erb’s palsy lawyer with the Birth Injury Lawyers Group at (800) 222-9529. You can get help with your case today.
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Building Your Family’s Birth Injury Case
The Birth Injury Lawyers Group is here to help if your newborn suffered a brachial plexus injury during their delivery. We can explain your rights and help you understand the strength of your Erb’s palsy case.
There are several risk factors for brachial plexus stretch injuries, and doctors should consider these factors before they decide to move forward with a vaginal delivery, including:
- Large babies
- Small mothers
- Breech (bottom first) presentation
In these cases, there may have been an opportunity to perform a cesarean section delivery or take other steps to reduce the risk of birth injuries in newborns.
To recover compensation and hold the doctor or hospital responsible, you will need to show that the medical care team caused or failed to prevent your baby’s birth injuries, failing to offer an acceptable standard of care. You may have to have a qualified medical expert witness testify that you have a valid medical malpractice case.
A medical expert can:
- Review the facts of your case, including all relevant medical records
- Determine if the medical care team provided the appropriate standard of care
- Explain how your child’s injuries could have been prevented
An expert may also weigh in on topics that include the necessary treatment for your child and their prognosis. Testimony of this kind is key in documenting the possible future expenses that your family could incur.
Call the Birth Injury Lawyers Group now at (800) 222-9529 for help getting started today.
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File Your Birth Injury Lawsuit Before Time Runs Out
In Michigan, victims of medical malpractice generally have two years from the discovery of their injuries to file a lawsuit and hold the doctor or medical facility liable for their injuries under Section 600.5805 of the state Civil Code. However, there may be other factors that apply when the victim is an infant, including in Erb’s palsy birth injury cases.
You may have to pursue a case before the statute of limitations runs out (or you may be able to toll the deadline), depending on the rules that apply in your case. It is best to talk with a Warren Erb’s palsy lawyer who is familiar with Michigan birth injury laws to find out more about the deadline for acting.
Reach Out to an Erb’s Palsy Attorney Serving Warren Today
At the Birth Injury Lawyers Group, we understand how difficult it can be to know your child suffered a preventable injury at birth because of a doctor or another medical care provider’s negligence. You may have a right to take legal action on their behalf, seeking financial recovery and holding the liable parties responsible.
You can get help understanding your rights and the strength of your family’s birth injury case today. Call the Birth Injury Lawyers Group at (800) 222-9529 for a free case review and to learn more about the process of pursuing compensation.