A Pittsburgh Erb’s Palsy lawyer can help families if a healthcare provider’s actions during childbirth caused this injury. Birth injuries can place an emotional and financial toll on families, especially when a preventable condition like Erb’s palsy affects a newborn. Often linked to nerve damage during childbirth, Erb’s palsy can leave a child with long-term disabilities.
At Birth Injury Lawyers Group, we focus only on birth injury cases, offering families in-depth knowledge and legal experience to handle these difficult situations with care and professionalism.
Our firm has recovered more than $750 million for families like yours. Seek support from a Pennsylvania Erb’s palsy lawyer to begin taking the right legal steps.
Erb’s Palsy Explained by a Birth Injury Lawyer
Erb’s palsy is a birth injury caused by the brachial plexus nerves being stretched, torn, or injured during childbirth. This network of nerves controls muscle movement and feeling in the shoulder, arm, and hand. While both are brachial plexus injuries, it is important to understand the difference between Erb’s and Klumpke’s palsy.
When a baby’s shoulders have trouble passing through the birth canal, there is a higher risk of shoulder dystocia, which can cause nerve damage. A difficult delivery, excessive traction, or a delayed decision to perform a C-section can all raise the chance of a brachial plexus injury.
In many cases, Erb’s palsy results from medical negligence during labor and delivery. A birth injury lawyer can review medical records and work with medical experts to understand if a medical malpractice claim may be possible.
Common Delivery Mistakes Leading to Erb’s Palsy
Medical negligence during the delivery process can increase the chances of brachial plexus injuries like Erb’s palsy. Healthcare providers must meet the standards of care expected during childbirth. Some common errors that can cause Erb’s palsy include:
- Failure to Perform a Timely C–Section: If the baby is too large or shows signs of distress, a cesarean section may be necessary. Delayed decision-making can result in a difficult birth and nerve damage.
- Improper Handling of Shoulder Dystocia: Mismanagement of shoulder dystocia can stretch or tear the brachial plexus nerves. A history of shoulder dystocia in previous deliveries should alert medical personnel to the risks.
- Excessive Traction: Pulling too hard on the baby’s head or arm during childbirth can harm the shoulder area and damage nerves.
- Improper Use of Birth–Assisting Tools: Vacuum extraction tools and forceps must be used with care. Improper monitoring and use can contribute to birth injuries.
- Failure to Monitor Fetal Heart Rate: Careful monitoring of vital signs during the delivery process can identify warning signs of distress that require immediate action.
Medical professionals are expected to recognize birth complications like breech presentation, large birth weight, and umbilical cord problems that could lead to a higher risk of childbirth injuries. Failure to act within the standards of care could be grounds for a medical malpractice claim.
Symptoms and Long-Term Effects of Erb’s Palsy
Newborns with Erb’s palsy may show early signs of nerve injury, such as:
- Lack of movement in the arm or hand
- Loss of feeling or abnormal sensations in the affected limb
- Involuntary movements or weak muscle tone
- Decreased grip strength
- Positioning of the arm close to the body without active motion
Long-term effects can include loss of muscle function, abnormal movement patterns, or ongoing medical expenses related to surgeries, physical therapy, or 24-hour nursing care. Severe cases may lead to permanent brain damage if a lack of oxygen occurs during a complicated delivery.
"If your child was born with a birth injury, or cerebral palsy, we can help."
Legal Process for Erb’s Palsy Claims
The legal process for an Erb’s palsy lawsuit usually begins with an initial consultation with birth injury attorneys who have legal experience in handling medical malpractice cases.
These early meetings allow families to share medical records, discuss the birth circumstances, and review the possible signs of negligence during the delivery process.
Determining Liability
One of the first steps an Erb’s palsy attorney in Pittsburgh takes is determining who is legally responsible. Depending on the events leading to the injury, liability can involve multiple healthcare professionals or facilities.
Key factors reviewed during this stage include:
- Actions of delivery doctors, nurses, and hospital staff during childbirth
- Whether there was mismanagement of shoulder dystocia or delayed C-section decisions
- If medical personnel used excessive traction or improperly handled shoulder dystocia
- Whether there were preventable errors, such as failure to monitor vital signs or improper use of medical tools
Medical malpractice lawyers often work with accident reconstruction experts and medical experts to understand what went wrong. Failure to meet standards of care or a mistaken diagnosis can be considered medical malpractice.
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Statute of Limitations for Erb’s Palsy Claims in Pittsburgh
Every state has laws that limit the time families have to file a birth injury claim. In Pittsburgh, the statute of limitations for filing an Erb’s palsy lawsuit is usually two years from the date of the injury. However, when the injury involves a minor, special rules may extend the filing period until after the child turns 18.
Important points about the statute of limitations include:
- Early filing allows better access to important evidence like medical records and testimony from healthcare professionals.
- Delays can lead to lost evidence, faded memories, and a harder time proving negligent actions.
- Filing within the legal deadline is necessary to maintain the right to pursue financial compensation for medical treatment, ongoing therapy, and other damages.
Because deadlines can be strict, families are encouraged to seek legal advice soon after an injury diagnosis. Initial consultations with experienced attorneys can help families understand their rights without financial risk.
"We know first-hand what you are going through."
Consult a Pittsburgh Erb’s Palsy Lawyer at No Cost
Families facing the challenges of an Erb’s palsy diagnosis deserve support and guidance. Pittsburgh birth injury lawyers from Birth Injury Lawyers Group offer free case evaluations, allowing you to explore your family’s rights without adding financial strain to an already difficult situation.
Choosing to take legal action can help hold healthcare providers accountable when negligence during labor causes lasting harm. A Pittsburgh Erb’s palsy lawyer can review birth circumstances, the medical treatment provided, and healthcare professionals’ decisions to determine whether a medical negligence claim can move forward.
"We are committed to helping families who have suffered medical negligence."