Medical errors and negligence are a common source of injury. This is especially true for babies and young children. Erb’s palsy is one example of how a baby or an infant can sustain an injury during birth.
Families of children diagnosed with this illness should investigate who was at fault for the injuries in question and should seek compensation and justice if medical negligence was involved. A Dallas birth injury lawyer can help, so call the Birth Injury Lawyers Group today.
About Erb’s Palsy
Erb’s palsy affects the shoulder, arms, hands, and fingers. According to the American Academy of Orthopaedic Surgeons, an estimated two out of every 1,000 babies suffer from this condition.
Erb’s palsy is a condition that is caused by damage to the brachial plexus, which is a bundle of nerves near the neck. Because of where it is located, this nerve bundle is susceptible to damage during and soon after delivery.
If a baby’s neck, head, or shoulders are stretched too far to either side during delivery, the nerves in the brachial plexus may become damaged. Also, if a delivery team does not properly screen the mother for health issues or if they make other errors while delivering or treating the baby, the baby may sustain a nerve injury and suffer from Erb’s palsy.
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What Is the Brachial Plexus?
The brachial plexus contains the nerves that control sensation and movement between the shoulder and the fingers, which is why damage to these nerves causes issues in those parts of the body.
The location of brachial plexus damage will determine the symptoms that the patient exhibits, and the severity of the injury will determine whether the patient will probably recover. Some patients, especially those who suffer only mild injuries, recover from their injuries within a few months.
Those who suffer more serious forms of damage such as torn or stretched nerves may need surgery and years of therapy to make a recovery. Even then, a complete recovery is not guaranteed. Our Dallas Erb’s palsy lawyers will speak with medical professionals to get an expert opinion on your child’s prognosis.
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Damages and Compensation in an Erb’s Palsy Case
There is more to handling a birth injury than simply undergoing medical tests and starting treatments. You may need to help your child through a daily routine of physical therapy and take them to the doctor for regular checks of the progress of your child’s healing. You also need to manage the schedules of caregivers and pay for treatments and therapy.
All of this can take a substantial toll on the financial and emotional well-being of a family. You are not alone during this traumatic time, however. The Birth Injury Lawyers Group can assist you during this difficult time, and you should seek compensation for damages if it can be determined that medical negligence caused, contributed to, or aggravated your child’s birth injuries.
To do this end, we will:
- Investigate your child’s case to determine the location and severity of your child’s injuries.
- Gather the evidence needed to determine whether or not negligence was involved.
- Interview the doctors and medical staff that delivered your child.
- Build a case that may allow us to pursue a payout for your family.
- File a claim or lawsuit to hold those responsible for your child’s injuries legally accountable.
Our Erb’s palsy lawyers in Dallas will also help you seek compensation for any damages you may be entitled to. These generally include some or all of the following:
- Surgery, treatment, and therapy costs
- The costs of medications and assistive devices
- Doctor’s visits and specialist fees
- Diagnostic tests
- Pain and suffering
- Lost income
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Treatment and Care of Erb’s Palsy
The first step to take, even before initiating treatments for your child, is to determine the extent and location of your child’s nerve injuries. You must discuss your child’s case with his or her doctor so they can monitor your child’s progress. The following tests can help diagnose your child’s birth injury:
- Imaging studies such as an MRI or CT scan
- Blood tests to rule out infections
- Nerve impulse tests to measure electrical impulse transmission along the nerves
- A thorough physical and, depending on the child’s age, flexibility, strength, or sensation tests
Once the location and extent of nerve damage are accurately diagnosed, treatments can be started. Common treatments for Erb’s palsy include:
- Physiotherapy and exercise to build strength, flexibility, and range-of-motion
- Occupational therapy to develop fine motor skills
- Surgery if a nerve graft, nerve transplant, or scar tissue removal procedure is required
These procedures can be expensive, and some of them, such as physiotherapy, may be required regularly for several years for serious injuries. Our lawyers can help you determine the best course of action based on your child’s diagnosis, the circumstances of their injury, and the legal laws that apply to your case.
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How Much Could My Child’s Erb’s Palsy Case Be Worth?
The treatment and care of Erb’s palsy can be the work of a lifetime, so your case may be worth a substantial amount of money. However, until we can look at your evidence and get a medical opinion from one of our experts, we cannot give you an accurate estimate of how much your case could be worth.
Some factors that affect case costs include how severely your baby was injured, how well they can heal from what happened, financial complications to the family related to care like lost wages and transportation time to specialists, and much more.
This is also why you shouldn’t trust any offer from an insurer that comes to you with a settlement before you speak with a Dallas Erb’s palsy attorney. The insurers don’t really know how much your case is worth either, and it’s in their best interest to pay you as little as they can get away with.
Other Laws about Texas Malpractice Cases to Know
Texas has a cap on the amount of non-economic damages like pain and suffering in cases. The cap is $250,000 per person sued and a maximum of $500,000 per claimant. If the mother also suffered malpractice along with the baby, these would be doubled. There are no caps on economic damages.
Texas also requires lawyers to notify defendants they will be sued at least 60 days before the case is filed for malpractice. There is also an expert report requirement. A medical expert has to make a report detailing that there is probable malpractice in your case before you can sue.
Laws like these make it extremely difficult for people to make malpractice claims on their own in Texas. You need the help of our Dallas Erb’s palsy attorneys before you confront them. We will make sure your case complies with all legal requirements.
Contact an Erb’s Palsy Lawyer in Dallas Today
Several months can pass between when a birth injury is identified and when the case is resolved. During this time, you will probably have to pay for treatment yourself and will also have to deal with insurance agents, hospital staff, doctor’s representatives, and more. This can be very difficult to do, especially while you nurse an injured baby back to health.
Our Dallas Erb’s palsy lawyer team is here to help. We focus on helping families stricken by a birth injury adapt to and overcome the life changes they are forced to make to deal with an injury to a loved one.
However, we can only help after you take the important first step of having your case evaluated. We provide free case evaluations, so call the Birth Injury Lawyers Group today so that we can manage your case for you.
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