Erb’s palsy is a condition that stems from injuries to the nerves in the brachial plexus. These nerves control movement and sensation in the arms and hands. Erb’s palsy can limit control and sensation in the affected side of the body.
Erb’s palsy is often associated with injuries that occur during birth, particularly if a newborn’s neck is stretched one way or the other as it makes its way into the world. While this injury is sometimes unpreventable, it can also be caused by a doctor’s negligence.
If a negligent doctor caused your child’s Erb’s palsy, they may be liable for your damages in a medical malpractice lawsuit.
A Beaumont Erb’s palsy lawyer with the Birth Injury Lawyers Group may be able to help you pursue compensation in settlement negotiations or a medical malpractice lawsuit. For a free consultation on your case with a member of our team, call us at (800) 222-9529.
For a free legal consultation with Beaumont Erb's Palsy lawyer, call 1-800-222-9529
Causes of Erb’s Palsy
During childbirth, a baby may be pulled or pushed in many ways. Babies pass through many phases and stages, often referred to as cues, before it is born. Predicting how exactly a child will clear each of these stages can be difficult, especially in cases of a birth complication. The baby’s head may exit the body of the mother one way while the shoulders are pointed in a different direction, or the arms may become stuck inside the mother. Large babies can become stuck against the mother’s pelvis as well.
Large babies, small mothers, detachment of the placenta, umbilical cord issues, delivery room errors, doctor inexperience, the incorrect use of birth devices, and a host of other factors can all cause trauma to a newborn during or soon after delivery. Serious trauma to the neck can also damage the nerves in the neck, leading to the symptoms associated with Erb’s palsy.
While some of these causes of Erb’s palsy are unpreventable, others are due to medical negligence. This is especially true in cases involving the use of excessive force or a delivery team’s failure to adequately prepare for a birth complication.
If you are able to prove that doctor negligence caused your child’s Erb’s palsy, you may be able to recover compensation for your medical bills and other expenses in a medical malpractice lawsuit. To learn more, call the Birth Injury Lawyers Group at (800) 222-9529.
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Signs of Erb’s Palsy
Erb’s palsy may not be immediately apparent after birth. Often, a parent is the first to notice a sign of Erb’s palsy as the infant grows. If you notice any of the following Erb’s palsy symptoms in your newborn, you may want to have them evaluated by a doctor this condition:
- Pain or difficulty moving the arm
- Unnaturally bending the arm at the elbow
- Difficulty grasping objects
Remember that the affected arm of the child does not have to be completely motionless or paralyzed for the child to suffer from Erb’s palsy. If it is weak, sore, or numb, this may be enough to indicate this condition.
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Available Treatments for Erb’s Palsy
Non-surgical treatments such as physical therapy can be used to improve the strength, range of motion, and healing of your child’s nerves.
Surgery may be required for serious cases of nerve damage in which the nerves are torn or uprooted from the spine. Nerve grafts and decompression procedures may be needed to restore function, blood flow, muscle, or remove scar tissue from the affected area.
While many children are able to fully recover from Erb’s palsy, it can also become a permanent condition with lifelong symptoms.
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Legal Assistance for Erb’s Palsy Malpractice Cases
It can be difficult to determine who, if anyone, caused your child’s injuries. Putting together a case and negotiating with the at-fault parties responsible for negligence can be just as hard, but we are here to help. A Beaumont Erb’s palsy lawyer from the Birth Injury Lawyers Group can handle all aspects of your case when we represent you.
This may include:
- Answering your questions and discussing possible outcomes of your case
- Handling all communications, deadlines, and legal paperwork
- Identifying the liable party
- Gathering evidence of their liability
- Hiring medical experts to testify that malpractice occurred in your case
- Collecting evidence that demonstrates the value of your damages
- Negotiating for a settlement offer with the responsible party’s insurance company
- Taking the case to trial if they are unwilling to make you a fair offer.
The Birth Injury Lawyers Group may be able to represent your case on a contingency-fee basis with no advanced payment required for our services. In this type of arrangement, we do not collect for our lawyer fees unless and until you recover compensation in a settlement or court awards.
Time Limits for Texas Medical Malpractice Cases
When it comes to medical malpractice lawsuits in Texas, the state usually imposes a two-year statute of limitations, per Texas Civil Practice and Remedies Code § 74.251. However, for minor victims under the age of 12, this deadline may be extended until their 14th birthday.
In addition, Texas Civil Practice and Remedies Code § 74.051 may require you to notify the physicians and health care providers you plan to sue at least 60 days before you file a medical malpractice lawsuit against them.
Call the Birth Injury Lawyers Group Today
You do not need to face the medical professionals responsible for your child’s Erb’s palsy alone. A Beaumont Erb’s palsy lawyer from the Birth Injury Lawyers Group may be able to represent you.
For a free case review, call the Birth Injury Lawyers Group today at (800) 222-9529.
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