According to studies by the National Center for Biotechnology Information (NCBI), Erb’s palsy is a paralysis of the arm that varies in severity according to the extent of the injury. It is one of the most common neurological birth injuries. In fact, the disorder occurs in roughly one to two children out of every 1,000 live births. However, the condition is unique in that it is almost always caused by unnecessary trauma to the infant’s neck during childbirth.
Medical professionals are tasked with keeping newborns safe during the childbirth process, so malpractice in these cases can result in legal action from their victims. If found liable, they may owe the family damages. If you have had a loved one diagnosed with Erb’s palsy after childbirth, a Pasadena Erb’s palsy lawyer can be there to help hold the liable parties responsible for every bit of pain and suffering they have put you through.
Here at the Birth Injury Lawyers Group, our team of attorneys work with birth injury victims across the state of Texas and beyond, fighting to protect their rights. For a free case review, contact a representative at Birth Injury Lawyers today at (800) 222-9529 to receive your free consultation.
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Root Causes of Erb’s Palsy
Most commonly, Erb’s palsy occurs where nerve roots from the trunks of the brachial plexus, between the neck and the shoulder. When this delicate area suffers damage, even slightly, it can render the nerves useless, thereby leading to partial or full paralysis of the affected region. Although it is commonly treatable after a rehabilitation period, Erb’s palsy can do severe damage to a child’s early development. Unfortunately, some may never fully recover.
According to studies from the American Academy of Orthopaedic Surgeons (AAOS), there are four root causes that can lead to varying degrees of Erb’s palsy. These include:
Neurapraxia. This injury stretches the nerve without tearing it. This is the most frequent cause of Erb’s palsy and the injuries are often the most minor, as they typically heal within a matter of months. Additionally, this injury can occur in adults who hit the area in a strange way, most often in traumatic accidents.
Neuroma. This is also a stretch of the nerve, but it damages some of the fibers, resulting in scar tissue. This scar tissue may present other medical problems as it hits against the healthy portions of the nerve. Many sufferers will also recover from this injury.
Rupture. In this case, the nerve is ripped apart and it will need medical intervention if a recovery is to be possible.
Avulsion. These injuries occur when the nerve is ripped loose from the spinal cord. This is the most critical injury and recovery will be difficult. In some cases, the nerve can be grafted from a healthy nerve in an attempt to heal it, but a traditional repair is not possible.
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Negligent Causes of Erb’s Palsy
Countless Erb’s palsy cases arise in the United States each year after medical staff harm the child during the birthing process. While their intentions may have been good, common practices like handling the baby’s head too roughly can cause the condition to appear. Common acts of negligence resulting in Erb’s palsy include:
- Pulling the baby’s shoulders during birth.
- Using forceps to grip the head, neck, or shoulders.
- Failing to call for a caesarean section soon enough.
- Not advising the mother against a traditional birth even though she has a small pelvic region.
Further, medical staff may be liable for the injury if they did not exercise caution before the child was born. This includes if they knew the baby was overweight and they still opted to go with a traditional birth. In some cases, the inaction of medical staff may be just as liable for the ensuing injuries as negligent actions would be. Even if a victim recovers from Erb’s palsy after their injury, they may still be entitled to damages for what they have been wrongfully subjected to.
In some instances, symptoms of Erb’s palsy may not appear for several months. If you are beginning to think your child may have the condition, you will need to seek medical intervention to help facilitate their recovery. If you decide to take legal action, a Pasadena Erb’s palsy lawyer can investigate your claim and help prepare it to move through the legal system.
To learn more about your legal options in these cases, contact the Birth Injury Lawyer Group today at (800) 222-9529 for your free consultation.
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Erb’s Palsy Lawyers Serving Pasadena Victims and Their Families
In line with Texas Statute §74.251, medical malpractice victims have two years from the date of the injury to file action against the healthcare provider they deem responsible. This starting date can also begin when the injury is first discovered in a medical setting. As every Erb’s palsy case is unique, we would love to learn more about your case today so we may be able to better assist you.
Here at the Birth Injury Lawyer Group, our Pasadena Erb’s palsy lawyer services are here to make sure our clients do not have to feel alone during their legal proceedings. We will proudly stand by your side and fight to protect your right to compensation, so you and your family can move past this medical injustice and start a new chapter.
For a free case review and consultation, contact the Birth Injury Lawyer Group today at (800) 222-9529.