Erb’s palsy is a neurological disorder that affects about two out of every 1,000 live births in the United States. It affects the central and peripheral nervous system, which means it can affect the ability of the injured individual to move, feel, and control certain parts of the body. It is commonly referred to as a brachial plexus injury since it is caused by injury to the brachial plexus, which is a system of nerves in the neck. This nerve system controls sensation and movement in the shoulders, arms, wrists, and fingers.
Brachial plexus injuries are a common birth injury. Depending on how the brachial plexus is injured, it can lead to mild or severe Erb’s palsy, and it can manifest in many ways. Some patients can recover with regular therapy, while others may require surgery.
If you need a Nashua Erb’s palsy lawyer, we are here to help. At the Birth Injury Lawyers Group, we work exclusively on birth injury cases. Call (800) 222-9529 today for a free case evaluation and to learn more about your legal rights.
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The Benefits of Professional Legal Assistance
The addition of a new member to the family should be a happy time, but if your child suffers from—or is diagnosed with—a birth injury such as Erb’s palsy, that happiness can quickly turn to worry and despair. You may be faced with challenges in finding the care and treatment that your child needs, arranging caretakers, working out family schedules, and paying for therapy or other interventions such as surgery, some of which can be very expensive.
You may want to consider speaking with a Nashua Erb’s palsy lawyer as soon as you confirm or suspect that your child may have Erb’s palsy so that you can receive legal guidance on the following:
- Connecting to medical professionals who can assess your child’s condition.
- Obtaining your child’s medical history and that of the mother to ascertain the cause and extent of your child’s injuries.
- Pinpointing how, when, and where nerve damage leading to Erb’s palsy was sustained.
- Obtaining a formal medical assessment as to whether or not medical malpractice or negligence played a part in your child’s injuries. This is a legal requirement in many states.
- Determining whether or not you have a case for medical malpractice.
- If a claim for malpractice is warranted, obtaining any additional evidence to help support your case.
- Identifying the damages you may have grounds to claim, such as lost income, rehabilitation or treatment costs, doctor’s visits, or other related costs.
- Quantifying these damages to arrive at a fair damages amount that you should seek.
- Representing you in court should your case go all the way to trial.
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Causes of Erb’s Palsy
Damage to the brachial plexus at any time or at any age can result in Erb’s palsy. However, infants and newborns are highly susceptible to this type of injury, especially in cases that involve emergency delivery procedures or childbirth problems. Stretching, severing, or bruising of the nerves that originate between sections C5 and C6 of the spinal cord can lead to Erb’s palsy, and this can commonly occur in the following scenarios:
- Vehicle accidents
- Physical activity accidents
- Child abuse
- Wounds from knives, weapons, or dangerous objects
- Large infant size
- Excessive weight gain by the mother
- The incorrect use of assistive devices during delivery
- Medical negligence or malpractice
It is on the basis of the last two points above that many birth injury medical malpractice cases are filed. If an emergency delivery required the use of assistive devices to extract a child from the womb, and if the incorrect use of these devices stretched, bruised, or severed the nerves in your child’s neck or shoulder, your child may be left with long-term or even permanent injuries.
Under such circumstances, the questions that we will help you find answers to include:
- What caused the birth-related emergency that necessitated the use of assistive delivery equipment?
- Did the delivery team have the requisite training and experience to use such equipment?
- Was the delivery team aware of risk factors that led to the emergency delivery?
- Does anyone on the delivery team have a history of medical errors or negligence cases on file?
- Was the mother and/or the child screened for potential risks, such as infections, high blood pressure, or breech birth (which is when the child is not aligned in the uterus correctly for a head-first birth)? If not, how were these clear risk factors missed?
The failure to screen an expectant mother for potential risk factors, a failure to act on the results of diagnostic tests, incorrectly reading the results of tests, or improperly using assistive devices to deliver a baby can all be classified as negligence. If this negligence results in a birth-related injury to the child, whether in the form of Erb’s palsy or otherwise, you may be entitled to compensation. Call (800) 222-9529 to speak with the Birth Injury Lawyers Group to find out more about which case may apply to you.
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Take Action Now by Calling a Nashua Erb’s Palsy Lawyer
The sooner you are able to diagnose your child, assess his or her injuries, and put him or her on a treatment or rehabilitation plan, the sooner they can begin on the road to recovery, whatever form that may take for your child. Some Erb’s palsy cases can improve with physical therapy, and some cases may require surgery, but identifying your needs and understanding your child’s illness are the first steps in getting the treatment he or she needs.
Treatments can be expensive, and if your child’s injuries were caused by medical malpractice, you may have grounds to seek compensation and damages from the party or parties responsible for causing those injuries. Statutes of limitation apply to birth injury cases, and cases can take months or years to be decided, so the sooner you start the process, the better.
We are here to help you navigate the complex landscape of birth injury and insurance law in this challenging time. Call a Nashua Erb’s palsy lawyer with the Birth Injury Lawyers Group today at (800) 222-9529 to learn about the important next steps you should take now.
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