Erb’s palsy is a neurological illness that can affect movement and sensation in the shoulder, arms, and hands. Certain nerve injuries during childbirth could cause infants to develop Erb’s palsy. This could occur when if the baby is large, or if the shoulders of the baby get stuck behind the mother’s pelvis during delivery.
However, not all cases of Erb’s palsy are natural. Some cases occur due to a doctor’s excessive force to the child’s arm, shoulder, or head during delivery. Other times, doctors fail to properly screen for a complicated birth and allow a dangerous delivery to occur instead of taking a safer alternative. When doctor negligence causes Erb’s palsy, the victim’s families may be able to sue them for medical malpractice.
If your child was diagnosed with Erb’s palsy in Austin, and you believe a doctor’s negligence caused this condition, the Birth Injury Lawyers Group may be able to help. An Austin Erb’s palsy lawyer from our firm may be able to investigate your case for medical malpractice and pursue compensation on our behalf.
For a free consultation on your case, call the Birth Injury Lawyers Group at (800) 222-9529
For a free legal consultation with Austin Erb's Palsy lawyer, call 1-800-222-9529
Erb’s Palsy Types and Treatments
Erb’s palsy is an illness that refers to the health issues and disabilities caused by damage to the upper brachial plexus. The brachial plexus is an important bundle of nerves near the neck. It controls movement and sensation between the shoulders and fingers. Damage to it usually takes the form of one of the following:
- Neuropraxia, in which a nerve is stretched
- A rupture, in which a nerve tears
- An avulsion, in which the nerve separates from the spinal cord
- A neuroma, which is pinching of a nerve by scar tissue
Treatments for Erb’s palsy can range from physical therapy to surgery. While some children may be able to make a full recovery from Erb’s palsy, others may experience permanent symptoms.
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Causes of Erb’s Palsy
Erb’s palsy can occur to newborns during deliveries characterized by:
- A complicated labor
- Prolonged labor or inadequate dilation of the mother
- When the child is born bottom-first or feet-first in a breech birth
- Delivery team errors in the use of assistive devices that are used to remove the baby from the mother
- Misdiagnosis or delayed diagnosis of health issues or injuries
- Large babies that become stuck behind the mother’s pelvis
In some cases, these injuries may be natural and unavoidable. In other instances—such as when a doctor applies excessive force or fails to screen the mother adequately—these injuries may be the result of medical negligence.
Doctors whose negligence harms their patients may be liable for medical malpractice.
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Working With the Birth Injury Lawyers Group on Your Case
In order to pursue compensation in a medical malpractice case, you may need to collect evidence that doctor negligence caused your injuries. In some cases, this may require testimony from a medical expert witness that the care you received fell below a reasonable standard, and that another doctor in the same situation would have acted differently.
An Austin Erb’s palsy lawyer from the Birth Injury Lawyers Group may be able to produce evidence and expert testimony on your behalf when we represent your case. Our team can also:
- Answer your questions and provide legal advice
- Communicate with all parties on your behalf
- Gather evidence of the value of your damages
- Negotiate for a settlement offer with the responsible party’s insurance company
- Take your case to trial if they do not make you a fair offer
If you have questions about our services or your case, call the Birth Injury Lawyers Group at (800) 222-9529
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Damages in an Erb’s Palsy Case
You may be able to recover the following damages in a medical malpractice case for an Erb’s palsy birth injury:
- Cost of medical care deemed negligent
- Costs of all treatments, therapies, and medical care required to treat your child’s condition
- Estimated costs of all future medical care
- Mobility assistance devices and modifications to the home
- Lost wages for a parent that stops working to care for the child
- Pain and suffering
- And more
To discuss what this compensation may resemble in your case, call the Birth Injury Lawyers Group.
Deadlines on an Erb’s Palsy Medical Malpractice Case
Texas places a statute of limitations, or legal time limit, on certain types of lawsuits. For medical malpractice cases, the statute of limitations is generally two years, per Texas Civil Practice and Remedies Code § 74.251. When the victim is a minor under the age of 12, this deadline may be extended until their 14th birthday.
You may also have a requirement to notify the doctors or hospitals you are planning to sue at least 60 days before you file a medical malpractice lawsuit against them, in accordance with Texas Civil Practice and Remedies Code § 74.051.
The Birth Injury Lawyers Group can handle all deadlines and legal tasks in your case when we represent you.
The Birth Injury Lawyers Group Offers Free Case Reviews
If you would like support with your Austin Erb’s palsy medical malpractice lawsuit, call the Birth Injury Lawyers Group. An Austin Erb’s palsy lawyer from our firm may be able to represent you in settlement negotiations or on trial while you concentrate on your child’s wellbeing.
We offer representation on a contingency-fee basis with no advanced payments required of our clients. In this type of arrangement, we do not collect payment for our lawyer services unless and until you recover compensation.
For a free case review, call the Birth Injury Lawyers Group today at (800) 222-9529.
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