It can be devastating to discover that your infant suffered a serious birth injury during delivery. However, it can be even more tragic to find out that the birth injury could have been avoided were it not for the negligence of one or more healthcare providers.
If your family is supporting a child whose Erb’s palsy was caused by a negligent doctor, you have the right to pursue them for compensation. A McKinney Erb’s palsy lawyer from the Birth Injury Lawyers Group may be able to help you investigate the case, gather evidence, and pursue compensation when we represent you.
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. We may be able to represent you on a contingency-fee basis with no up-front payments necessary.
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Understanding Erb’s Palsy Nerve Injuries
Erb’s palsy is a specific type of nerve damage that involves injury to the brachial plexus, a group of nerves located close to the neck that controls arm movement. Although many children with Erb’s palsy are able to make a full recovery, some children may experience permanent damage to the nerves.
There are, in general, four degrees of Erb’s palsy nerve injuries:
- Neuropraxia: with this type of injury, the nerve is damaged because of the stretching that occurred during delivery, but the nerve is not torn.
- Neuroma: here, the nerve has been torn, but it healed on its own. However, the scar tissue from the injury can cause complications by putting pressure on other nerves nearby.
- Rupture: with this injury, the nerve is completely torn apart and will not heal without surgery.
- Avulsion: this is the most serious damage that could occur, where the nerve root is torn away from the spinal cord. A surgeon may be able to restore some arm functionality using a nerve from another muscle.
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Ways That Medical Negligence Can Cause Erb’s Palsy
Although some cases of Erb’s palsy are impossible to prevent, other times, doctor negligence can allow this injury to occur needlessly.
Erb’s palsy is more likely to occur in difficult deliveries where the baby has trouble passing through the birth canal. Doctors are supposed to screen for signs of a difficult birth, such as a large child or small mother, and plan accordingly. One such contingency may be ordering a C-section, which could be a safer form of delivery for the infant.
If a doctor does not take these precautions and allows a dangerous delivery to occur when a safer alternative was available, the resulting injuries could qualify as medical malpractice.
If a doctor applies excessive force to the baby either manually or with a tool such as forceps or a vacuum extraction device, and causes injury, this may also qualify as medical malpractice. Should you consider filing a claim or a lawsuit for your child’s Erb’s palsy and hold a doctor or a hospital liable, your attorney will most likely review everything that happened before, during, and after delivery and call-in medical experts to testify on your behalf if they find that medical negligence indeed caused your baby’s condition.
If you suspect that any form of doctor negligence caused or contributed to your child’s birth injuries, call the Birth Injury Lawyers Group today at (800) 222-9529. A member of our team is standing by to give you a free, no-obligation consultation on your case.
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Recoverable Damages After a Birth Injury
While we cannot estimate your damages without first examining the details of your case, some common types of recoverable damage in birth injury medical malpractice lawsuits may include:
- Costs of all medical care and treatments
- The estimated future costs of all medical care
- Lost wage for either parent that must stop working to care for the child
- Pain and suffering
- And more
When you work with a McKinney Erb’s palsy lawyer from the Birth Injury Lawyers Group, we can collect evidence that demonstrates the value of your losses to present in settlement negotiations or on trial.
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How the Statute of Limitations Could Affect Your Claim
Every state places a limit on the amount of time that victims or their families can pursue compensation for personal injury cases. In Texas, there is generally a two-year statute of limitations for medical malpractice claims, according to Texas Civil Practice and Remedies Code § 74.251.
Fortunately, this deadline may be extended up to 10 years when the victim is a newborn. If you would like to discuss the specific deadlines that apply to your case, call the Birth Injury Lawyers Group today.
How the Birth Injury Lawyers Group Can Help
If your child’s birth injury happened recently, you may not fully understand yet how much it can cost to help your child recover from Erb’s palsy. However, between expensive diagnostic testing, medication, physical therapy, consultations, specialists, and follow-up appointments, the medical costs can quickly add up. You may also be missing significant amounts of work as a result of the birth injury, which can make the medical bills even harder to pay.
If you can prove that medical malpractice caused your child’s birth injuries, you may be able to recover these damages, and more, in a medical malpractice lawsuit.
When a McKinney Erb’s palsy lawyer from the Birth Injury Lawyers Group represents you, we may be able to:
- Guide you through the legal process from start to finish, answer all of your legal questions, and communicate with the insurance company on your behalf
- Investigate the case and gather evidence like eyewitness statements and medical records
- Consult with medical professionals who can offer their insight about whether the physician behaved negligently based on your child’s medical records
- Negotiate with the insurance company for a fair settlement for your case
- Take your case to trial if we cannot reach an agreeable settlement
You do not have to go through this alone. For a free review of your case with a member of our team, contact the Birth Injury Lawyers Group at (800) 222-9529.
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