The joy of welcoming a new life into the world can be overshadowed by the discovery of a medical condition in your newborn. Erb’s Palsy, although treatable, can stir a whirlwind of emotions for parents, from sorrow to anger, especially if it’s a result of medical negligence.
At such times, the importance of having a Philadelphia birth injury lawyer to navigate these emotions and ensure justice can’t be overstated. At the Birth Injury Lawyers Group, our dedicated attorneys are here to offer insights, help you seek rightful compensation, and provide the assistance you need to move forward.
This article is tailored to offer clarity on Erb’s Palsy, its causes, and how a Philadelphia Erb’s Palsy lawyer can help.
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Symptoms of Erb’s Palsy
A noticeable lack of movement in the affected shoulder and upper arm is one of the main symptoms of Erb’s Palsy. This speaks to a paralysis in the shoulder joint and several crucial muscles. Further, there’s often a loss of sensation in the area.
As the child grows, if there isn’t a full recovery, more symptoms might manifest:
- Weakness in the affected arm
- Impaired growth of that arm
- Discomfort or pain
- Atrophy of the affected muscles
- Limitations in the range of motion
The early signs of Erb’s Palsy can be apparent right after birth. For those who know what to watch out for, symptoms might include:
- The infant’s upper arm and shoulder do not move.
- Reflexes on the afflicted side are absent.
- Arm held near to the body with the elbow extended.
- In some cases, a weakened grasp in the hand of the affected arm.
For an accurate diagnosis, a doctor will conduct an examination, ensuring no other underlying issues. This can involve checking the baby’s Moro reflex and ruling out a fracture in the collarbone.
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Causes of Erb’s Palsy
The chief cause of Erb’s Palsy is often a difficult birth or, tragically, medical negligence. Most commonly, Erb’s Palsy emerges from complications during delivery. When active labor stretches out longer than usual, the risk for this condition jumps significantly.
Factors like a large baby, a breech presentation, or irregularities in the mother’s birth canal can put the baby at risk. Sometimes, medical professionals can predict these issues and adapt. For instance, if a baby is too large for a typical delivery, a C-section might be the answer.
However, problems arise when force gets used inappropriately during delivery, potentially stretching the baby’s neck too far. This force could come from hands, forceps, or even a vacuum extractor.
How Medical Negligence Can Lead to Erb’s Palsy
In many scenarios, trained medical professionals can foresee and adapt to these challenges.
For example, if a baby is too large for a standard vaginal delivery, opting for a C-section might be the safest approach. However, Erb’s Palsy becomes a real concern when excessive force is used improperly during the birthing process.
Such force, whether applied by hands, forceps, or vacuum extractors, can stretch the baby’s neck excessively. When such negligence occurs, it can lead to the development of Erb’s Palsy, emphasizing the need for careful decision-making and best practices during delivery.
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How a Philadelphia Erb’s Palsy Lawyer Can Help
When faced with the reality of Erb’s Palsy, the maze of medical opinions, bills, and potential legal routes can be dizzying. That’s where our attorneys step in. We’re equipped to navigate these waters, ensuring no stone goes unturned. From the moment you partner with us:
- We evaluate your case’s specifics, identifying potential negligence or oversights.
- We consult with medical professionals, building a robust case that speaks the language of both medicine and law.
- Our dedicated team explores every avenue for rightful compensation, ensuring your child’s current and future needs are addressed.
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Compensation for Erb’s Palsy: Knowing Your Rights
The reality is that as children grow and develop, the needs arising from Erb’s Palsy might evolve too. This can mean continuous therapies, periodic treatments, and even unexpected surgeries down the line.
When considering an Erb’s Palsy case, it’s crucial to know that families might be entitled to:
- Immediate Medical Expenses: These are the costs that have already been incurred, from the initial diagnosis to any treatments or procedures that have taken place.
- Future Medical Care: Erb’s Palsy might require ongoing medical attention. This provision considers the potential expenses that will arise as the child grows and their needs change.
- Rehabilitation and Therapy Costs: Physical therapy, occupational therapy, or even speech therapy might be necessary. These sessions, often regular and long-term, can quickly become a significant expense.
- Non-economic Damages: Beyond the tangible costs are the intangible impacts. The pain and suffering endured by the child, and the emotional toll on the family, deserve recognition and compensation.
- Compensation for Future Challenges: It’s hard to predict the future, especially when dealing with medical conditions. But some challenges can be anticipated, like limitations in activities or potential career paths. Compensation here seeks to address those future hardships.
Remember, the goal is to secure a stable future for the child and to ensure they have every resource available to thrive.
Pennsylvania’s Statute of Limitations for Erb’s Palsy Cases
Legal matters adhere to specific timeframes. For birth injuries, including Erb’s Palsy, in Pennsylvania, the statute of limitations is set at two years following the child’s 18th birthday.
While it might seem that families have until the child turns 20 to take action, navigating through medical documentation, expert consultations, and prioritizing the child’s immediate health can make these years pass rapidly.
Seeking early guidance from our knowledgeable attorneys can ensure that families are well-prepared and don’t overlook this essential legal timeframe.
Contact a Philadelphia Erb’s Palsy Attorney Today
No parent should walk the Erb’s Palsy journey alone. While our primary role is legal representation, our core mission is support. We’re here, ready to listen, advise, and act. To find a brighter tomorrow, sometimes all it takes is that first step.
Time is of the essence. The longer you wait, the more challenging it can be to build a formidable case. If you believe your child’s Erb’s Palsy resulted from medical negligence, don’t hesitate. Secure a future where your child’s needs are met and your family finds justice.
For a comprehensive consultation, we invite you to contact us at the Birth Injury Lawyers Group today.