The birth of your child should be a happy day, but those happy moments may be affected if your child suffers a birth injury during delivery. It is especially devastating to learn that the injury could have been avoided were it not for the negligence of one of your healthcare providers.
If your child and family is suffering because of an Erb’s palsy diagnosis that was caused by a healthcare practitioner’s negligence in Mesquite City, Texas, you may be entitled to compensation for your losses. A Mesquite City Erb’s palsy lawyer can help you investigate your case and gather evidence to prove negligence. You do not have to go through this alone.
The team at the Birth Injury Lawyers Group has worked on many Erb’s palsy cases. For a free case review, call the Birth Injury Lawyers Group at (800) 222-9529.
For a free legal consultation with Mesquite City Erb's Palsy lawyer, call 1-800-222-9529
Understanding Erb’s Palsy
Erb’s palsy, a form of injury to the brachial plexus, occurs if the nerves in an infant’s upper arm are damaged during delivery. The brachial plexus is the network of nerves located near the neck. If these nerves are damaged, the infant may experience weakness in the arm, forearm, or shoulder. They may even be unable to move their arm at all.
This injury only occurs in one or two of every 1,000 babies that are delivered according to the American Academy of Orthopaedic Surgeons (AAOS). If it does occur, it may not be serious, and could heal on its own with time and treatment. However, in some cases the stretching may be more severe and lead to long-term damage.
There are, in general, four types of nerve injuries under the umbrella of Erb’s palsy:
- Neurapraxia: the most common type of Erb’s palsy injury. Even though the nerves are stretched, there is no actual tear, and the injury may heal on its own within three months.
- Neuroma: some damage does occur, and scar tissue may form. If the scar tissue presses against the nerves that remain, this is considered a “neuroma.” Injured parties may experience some recovery, although often not total.
- Rupture: a more extremely serious form of Erb’s palsy resulting from a complete tear in the nerve. If a baby experiences a rupture in the nerves, they will not heal on their own.
- Avulsion: the most serious form of Erb’s palsy; occurs if the nerves tear away from the spinal cord. The torn nerve is irreparable, although some mobility may be able to be restored using a donor nerve from another muscle.
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Treatment for Erb’s Palsy
There are several treatment options available for Erb’s palsy victims, depending on the degree of the damage to your child’s brachial plexus.
This is the most common form of treatment, as most babies who develop Erb’s palsy only experience stretching in the nerves. Some infants may require treatment, and your physician can teach you how to do daily physical therapy on your child’s arm to maintain its range of motion and prevent the joint from becoming permanently stiff in a condition known as “joint contracture.”
If your child’s nerve is torn during delivery, or if there is no change in your child’s condition within three to six months, surgery may be necessary. However, it is important to note that even surgery may not restore full function to your child’s arm. Two common types of “microsurgery” treatments are nerve grafts or nerve transfer. In either surgical treatment, it may take months or even years for the nerves to recover, and your child may need daily physical therapy to increase the arm’s range of motion and strength.
A Mesquite City Erb’s palsy lawyer can help you pursue compensation you may be entitled to cover the extensive medical costs you could be facing because of your child’s condition. For a free case review, contact the team from the Birth Injury Lawyers Group at (800) 222-9529.
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Possible Causes of Erb’s Palsy
There are a number of circumstances that may cause your child to develop Erb’s palsy during delivery:
- Having a large infant and/or a small mother
- Vacuum extraction being used during delivery
- Low or mid-forceps being used during delivery
- A long labor time
- Delivery of a previous child with Erb’s palsy
While Erb’s palsy is common in vaginal births, there are documented cases where babies delivered via cesarean section were diagnosed with a brachial plexus injury, according to the American Association of Neuromuscular & Electrodiagnostic Medicine (AANEM).
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Possible Recoverable Damages After an Erb’s Palsy Claim
Some damages that your family may be entitled to recover could include:
- Hospitalization fees
- Surgical treatment fees
- Consultations with specialists
- Examinations by physicians
- Out-of-pocket costs related to the injury
- Medication costs
- Lost wages
- Pain and suffering
- Missed opportunities from time away from work
- Travel expenses to and from doctor’s appointments
How the Statute of Limitations Could Impact Your Claim
The state of Texas places a limit on the amount of time that families have to pursue compensation in healthcare liability claims. According to Texas Civil Practice and Remedies Code § 74.251, you have two years from the date of your child’s injury to file a lawsuit. If you do not file within two years, you may be barred from recovering any damages.
How the Birth Injury Lawyers Group can Help
A Mesquite City Erb’s palsy lawyer can help you begin the process of holding a negligent healthcare professional responsible for your losses. Even if your child did not suffer a severe nerve tear, your family may face months of costly rehabilitation. If the injury was severe, you may also face costly surgical treatments on top of rehabilitation. Your child may never regain full functionality of their arm, which can lead to long-term costs as well.
You do not have to go through this alone. The team from the Birth Injury Lawyers Group can take some of the burden so you can focus on helping your child recover while we pursue the compensation you may be entitled to.
For a free, no-obligation case review, contact the Birth Injury Lawyers Group at (800) 222-9529.