Erb’s palsy birth injuries can be a result of doctor negligence. If you believe that your child’s Erb’s palsy was the result of negligence by medical staff responsible for your delivery, you may be able to recover compensation in a medical malpractice lawsuit.
A Lewisville Erb’s Palsy lawyer from the Birth Injury Lawyers Group may be able to gather evidence and build a case for you. Recoverable damages may include your medical bills, lost wages, and more.
The Birth Injury Lawyers Group understands it can be challenging to coordinate a legal action against a healthcare provider if you are still preoccupied with helping your child recover. That is why we offer full legal services to the Lewisville families we represent.
For a free, no-risk review of your case with a member of our team, call the Birth Injury Lawyers Group today at (800) 222-9529.
For a free legal consultation with Lewisville Erb's Palsy lawyer, call 1-800-222-9529
Types of Erb’s Palsy Injuries
Erb’s palsy is a form of brachial plexus injury. When one or more of the nerves in the brachial plexus network are damaged during childbirth, the infant may experience weakness in the arm or be unable to move it entirely. While it can be frightening for parents to see their child with an arm hanging limply, in many cases, the child is able to recover.
In general, there are four degrees of Erb’s palsy nerve injuries that infants suffer during childbirth. They are:
- Neurapraxia: this is one of the milder forms of Erb’s palsy, where the nerves in the shoulder are stretched but not actually torn.
- Neuroma: with this type of injury, some damage happens to the nerve fibers, causing scar tissue. Complications can occur if the scar tissue puts pressure on adjacent nerves.
- Rupture: when a rupture occurs, the nerve is fully torn apart and will not be able to heal on its own. Surgery may be recommended.
- Avulsion: this is the most severe form of Erb’s palsy, as it means the nerve is torn away from the infant’s spinal cord. A surgeon may be able to repair an avulsion by splicing a donor nerve graft using a nerve from another muscle.
The type of Erb’s palsy injury a child receives, its severity, and the success of treatment may determine if a child is able to make a full recovery or if they will experience life-long symptoms of this condition.
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How Doctor Negligence Can Cause Erb’s Palsy
Doctors know that a large infant, a small mother, or other signs of a difficult delivery may warrant extra care of a C-section for a safer delivery. If a negligent doctor does not do routine screenings for this possibility, and instead allows a preventable, dangerous delivery to occur, that may be liable for the resulting injuries in a medical malpractice lawsuit.
Erb’s palsy can also occur if a doctor applies excessive force to the baby during delivery, drops the baby, or incorrectly uses forceps or a vacuum extraction device. These actions may also be deemed as medical malpractice.
Regardless of the circumstances, if you believe that your child’s injuries were a result of any form of medical negligence, you may be able to pursue the responsible parties for compensation.
Consult with a an Erb’s palsy lawyer to understand your legal options and the venues you could explore by filing an insurance claim or a lawsuit against the liable party or parties. Medical malpractice cases usually settle outside the court, but your attorney will go to trial if the circumstances require them to do so.
For a free review of your case with a member of our team, call the Birth Injury Lawyers Group today at (800) 222-9529.
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Recoverable Damages in an Erb’s Palsy Case
Every case is different, and the compensation that you may be entitled to will ultimately depend on the details of your case, such as the severity and permanency of the nerve damage your child suffered and the extent of your financial losses.
In general, recoverable damages in Erb’s palsy birth injury cases may include:
- Medical bills, including surgery, therapy, medications, and more
- Estimated future costs of medical care
- Lost wages from time away from work
- Out-of-pocket expenses related to your child’s care
- Pain and suffering
- And more
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Working With a Lawyer on Your Case
We understand how painful it can be to realize that your child’s birth injury could have been prevented. When you work with a Lewisville Erb’s palsy lawyer from the Birth Injury Lawyers Group on your case, you can concentrate on your child’s wellbeing while we handle a variety of legal services, such as:
- Answering your legal questions and guiding you through the legal process from start to finish
- Communicating with all parties on your behalf
- Gathering evidence like eyewitness statements and medical records
- Hiring medical experts to testify that malpractice occurred in your case
- Calculating the full value of your case, including the cost of your pain and suffering
- Negotiating with the insurance company for a fair settlement
- Fighting for your rights at trial, if necessary
How the Texas Statute of Limitations Could Impact Your Case
According to Texas Civil Practice and Remedies Code § 74.251, there is a general two-year limit on the amount of time that victims or their families have to pursue damages because of medical malpractice. Fortunately, when the victim is a newborn, the family may have up to 10 years from the date of the injuries to take legal action.
To discuss what specific deadlines pertain to your case, all the Birth Injury Lawyers Group today.
Call the Birth Injury Lawyers Group Today
The Birth Injury Lawyers Group wants to take the legal burden of a medical malpractice lawsuit off your shoulders. A Lewisville Erb’s palsy lawyer from our firm may be able to handle all aspects of your case when we represent you.
For a free, no-obligation review of your case, contact the Birth Injury Lawyers Group at (800) 222-9529.
We may be able to work for you on a contingency-fee basis, where you do not pay us attorney’s fees unless and until you recover compensation in a settlement offer or court awards.