The birth of your child is supposed to be a joyous occasion. Yet it can be tarnished by learning that your child is suffering from Erb’s palsy, an injury that occurred during birth. While these injuries are sometimes unavoidable, in other cases, a physician may have exerted too much force in removing the baby from the birth canal and caused the injury.
If you suspect that your child’s condition was caused by the negligence of a healthcare provider, you are not alone. You have options. An Irving Erb’s palsy lawyer from the Birth Injury Lawyers Group may be able to investigate your case, gather evidence, and pursue compensation for your losses.
For a free review of your case with a member of our team, call the Birth Injury Lawyers Group today at (800) 222-9529. We represent clients on a contingency-fee basis with no advanced payments necessary.
For a free legal consultation with Irving Erb's Palsy lawyer, call 1-800-222-9529
Understanding Erb’s Palsy
Erb’s palsy is an injury that occurs when the nerves in the brachial plexus are stretched, strain, or torn during delivery. Erb’s palsy can cause weakness or a loss of motion in the affected shoulder, arm, or hand.
In general, there are four types of damage that can occur to the brachial plexus nerves during delivery:
- Neurapraxia: with this injury, the nerve stretches but does not actually tear.
- Neuroma: with this injury, some of the nerve fibers are damaged, potentially causing scar tissue. This can actually cause further complications by pressing on the healthy nerve.
- Rupture: the damage to the nerve is far more extensive with this type of injury, as the nerves are torn apart. This injury may require surgery, as it will not heal on its own.
- Avulsion: this is the most severe injury, where the nerve tears from the spinal cord. Surgery may be necessary for this type of injury.
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Signs of Erb’s Palsy
Erb’s palsy is not always apparent at childbirth. It may take some time for you to recognize Erb’s palsy symptoms in your child. These may include:
- Weakness in an arm
- Partial or total paralysis of that arm
- Loss of sensation in the arm
If you notice these signs or any other evidence of missed developmental milestones, bring your child to a doctor for an evaluation. A pediatrician may perform a physical examination and may also order an ultrasound, x-ray, or another type of diagnostic test. They may also order an MRI to evaluate whether there is damage to the joints or bones in the neck or shoulder as well as to the nerves.
Oftentimes, especially in cases where the stretching of the nerves was mild, and no lasting damage occurred, Erb’s palsy can heal with time and physical therapy exercise.
In more severe cases, such as cases where avulsion occurred, surgical treatments or therapy may be necessary. Some children may experience life-long symptoms of Erb’s palsy.
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Medical Malpractice Can Cause Erb’s Palsy
Although some cases of Erb’s palsy are unpreventable, other times, this condition occurs as a direct result of doctor negligence.
Negligence can cause Erb’s palsy if a doctor:
- Does not screen the mother or infant for a difficult birth
- Fails to order a C-section as a safer delivery method
- Applies excessive force to the infant during delivery
- Harms the infant with forceps or a vacuum extraction device
Regardless of the severity of your child’s injuries, if a doctor’s negligence was the cause, they may be liable to your family in a medical malpractice lawsuit.
If you believe that doctor negligence caused or contributed to your child’s Erb’s palsy, call the Birth Injury Lawyers Group for a free case review at (800) 222-9529.
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How an Iriving Erb’s Palsy Lawyer May Be Able to Help You
An Irving Erb’s palsy lawyer from the Birth Injury Lawyers Group may be able to handle all aspects of your case when we represent you.
We can answer your questions and provide you with legal advice. If you have a valid claim, we can gather evidence like witness statements and medical records to pursue compensation for all of your family’s losses. We can also hire a medical expert to testify in your defense, if necessary.
Once we have built your case, we can negotiate with the responsible party’s insurance company for a settlement offer. If they are not willing to make you a fair offer, we can take your case to trial.
Recoverable Damages in an Erb’s Palsy Case
While the types of recoverable damages may ultimately depend on the details of your case, such as the extent of your financial losses and permanency of your child’s injuries, some common types of recoverable damages for Erb’s palsy birth injuries include:
- Hospitalization
- Doctor’s examinations
- Surgical procedures and physical therapy
- Estimated future costs of medical treatment
- Lost wages for time away from work caring for your child
- Out-of-pocket costs related to caring for your child
- Pain and suffering
- And more
How the Statute of Limitations Could Impact Your Case
Every state has a limit on the amount of time that people have to pursue compensation after any kind of personal injury accident. According to Texas Civil Practice and Remedies Code § 74.251, there is a general two-year statute of limitations for medical malpractice claims filed in the state of Texas. However, in a situation where the victim was a newborn, the family may have until 10 years after the injuries occurred to file a lawsuit.
To discuss what specific deadlines pertain to your case, call the Birth Injury Lawyers Group today.
The Birth Injury Lawyers Group is Here for You
If your family is suffering or has suffered because of an Erb’s palsy birth injury, you are not alone. An Irving Erb’s palsy lawyer from the Birth Injury Lawyers Group may be able to pursue compensation on your behalf while you focus on caring for your child.
For a free, no-risk review of your case with a member of our team, contact the Birth Injury Lawyers Group at (800) 222-9529.
Call or text 1-800-222-9529
or complete a Free Case Evaluation form