Erb’s palsy is a neurological disorder that affects the shoulders, arms, hands, and fingers. It is most commonly associated with brachial plexus injuries, a system of nerves near the neck. These nerves can sustain damage in many different ways, including contact sports, vehicle accidents, and childbirth. Medical negligence and malpractice during childbirth are common causes of Erb’s palsy.
Was your child diagnosed with Erb’s palsy? If yes, we are here to help. We help families in Winston Salem understand their rights and responsibilities when it comes to medical malpractice cases. We also help them determine when and how nerve damage leading to Erb’s palsy occurred, the various financial and developmental challenges that the illness causes, and how to pursue compensation for damages. Call the Birth Injury Lawyers Group today at (800) 222-9529 to schedule a consultation with a Winston Salem Erb’s palsy lawyer.
For a free legal consultation with Winston Salem Erb's Palsy lawyer, call 1-800-222-9529
Understanding Erb’s Palsy
Before rushing toward filing a medical malpractice claim with a Winston Salem Erb’s palsy lawyer, it is important to understand the underlying factors that can cause Erb’s palsy.
Erb’s palsy can occur naturally if, for example, a baby is inordinately large and sustains excessive pressure on its neck while within the womb. Furthermore, the mother may not dilate enough, placing additional pressure on the baby. These cases are sometimes categorized as unpreventable causes of Erb’s palsy and brachial plexus damage. The same can be said if a baby’s head emerges while the shoulders are stuck behind it, in which case the neck can become stretched, or the head may be pushed or pulled a certain way, resulting in injury.
Common symptoms of Erb’s palsy are listed below:
- An inability to move the arm, the wrist, the hand, or the fingers in certain ways
- A lack of sensation in the affected arm
- Weakness or paralysis in the affected arm
- Pain in certain parts of the affected limb
- Muscle loss in the shoulder or the affected arm
These symptoms can be used to identify the presence or absence of Erb’s palsy, but they are not enough to determine how or why the nerves that control the arm and hands were damaged.
This is where the assistance of a Winston Salem Erb’s palsy lawyer can help.
It is possible that a medical team could have or should have performed tests that would have identified the size of the baby as a potential source of complication, or that they failed to perform an emergency C-section when such a procedure was medically warranted, or that they improperly used delivery tools, such as vacuum extractors, to remove the baby from the mother. Under these circumstances, they may be held liable for any damages that result.
The issue with medical cases such as these is that it can be very difficult to connect a specific symptom or disability with a specific type of damage. Furthermore, proving the cause of that damage can be even more complicated.
For an additional layer of complexity, the delivery team could have had a good reason to perform an emergency procedure, even if it caused a birth injury. Consider the case of a feet-first or breech delivery in which it may be medically necessary to raise, press, or twist the baby’s arms or neck inside the birth canal in order to remove the baby from the mother, causing damage to the baby’s delicate nerves in the process. In these situations, a Winston Salem Erb’s palsy lawyer can help answer the important question: who should be held responsible for the birth injury in these circumstances?
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The Duty of Care
Answering this question will come down to determining whether or not your child’s doctor or delivery team fulfilled the duty of care. We expect medical professionals to be skilled, well-trained, and knowledgeable. They must make every effort to protect their patients from injury. When it comes to delivery cases, they must prepare for unexpected circumstances and screen the mother and her baby for infections and other issues that may cause or lead to a birth complication.
Doing all of the above is known as the duty of care—it is everything that a reasonably competent medical practitioner would have done under similar circumstances. Not performing an important action, improperly performing one, or altogether neglecting to perform one can be medical negligence, and your doctor or health care provider may be held liable for all damages that result from that action or inaction.
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How Birth Injury Cases Should Be Handled
Whether your child exhibits mild or severe symptoms, it helps to know how and why a birth injury or delivery complication caused nerve damage leading to Erb’s palsy. You should not have to pay for your child’s treatment if the injuries that he or she sustained were a result of the negligence of the medical staff responsible for delivering your baby.
If you are not sure what to do, call the Birth Injury Lawyers Group at (800) 222-9529 to get in touch with a Winston Salem Erb’s palsy lawyer office. We will walk you through everything you need to know about filing a case and collecting the evidence to support your claim. We will also investigate the circumstances surrounding your child’s birth.
We will also help you by:
- Identifying everyone involved in the treatment of your child, interviewing them, and using the testimony of malpractice experts to support your case
- Quantifying the value of your claim by adding all of the costs you have suffered directly or indirectly as a result of your child’s condition
- Ensuring that you meet all administrative, legal, and procedural deadlines and that you file on time, within the defined statutes of limitation, with the right courts
If you suspect that your child suffered a birth injury or has Erb’s palsy, give us a call. Whether he or she has a disability, missed key growth milestones, or has trouble using his or her arms or hands, call the Birth Injury Lawyers Group at (800) 222-9529. Our case evaluation. We also provide services on a contingency-fee-basis at no upfront cost. You pay nothing unless we win a compensation payout for you, or you receive a court award, so do not delay. Call today to initiate the legal process.