After a child has received a diagnosis of Erb’s palsy, it can be difficult as a parent to know exactly what to do. You want your child to feel better and heal, but you also want to make sure that the doctor or nurse who caused the injury is held responsible for his or her behavior.
You may want to reach out to a Plano Erb’s palsy lawyer to discuss your case during a free consultation. Our team of attorneys can help you determine whether the facts in your case warrant legal action and whether you can win a judgment for your child’s pain and suffering and medical bills.
Contact the Birth Injury Lawyers Group as soon as possible at (800) 222-9529. We are ready to work tirelessly on your behalf, defending your right to receive compensation for your child’s injuries. Texas Civil Practice and Remedies Code § 74.251 has a short statute of limitations regarding medical malpractice actions, so it is in your best interest to act as quickly as possible.
For a free legal consultation with Plano Erb's Palsy lawyer, call 1-800-222-9529
Diagnosing Erb’s Palsy
Erb’s palsy involves an injury occurring to the nerves in the brachial plexus, which are near the shoulder. When these nerves suffer an injury, the resulting complications may include:
- Stiffness
- Weakness in the shoulder and upper arm
- Muscle atrophy
- Numbness in the shoulder and upper arm
- Paralysis in the affected area
- Permanent impairment
Severity of Erb’s Palsy Injury
Depending on the level of injury to the nerves inside the baby’s shoulder, healing from this injury can be difficult. Some babies never recover from the injuries related to Erb’s palsy.
The four levels of nerve damage related to Erb’s palsy include:
- Neurapraxia: the brachial plexus nerves stretch, but they do not tear, which gives the infant the best chance of a full recovery.
- Rupture: some of the nerves tear in the shoulder, but they may heal after several weeks or months.
- Avulsion: the brachial plexus nerves tear at the root, separating from the spinal cord, which results in a serious injury that will not heal properly.
- Neuroma: scar tissue forms in the area of the nerves as they heal, which prevents a full recovery and leads to additional pain that may never go away.
Options for Therapy
A study from Paediatrics & Child Health shows that between 80% and 96% of children make a full recovery from Erb’s palsy. However, it is important for the child to begin treatment within the first two weeks of life to have the greatest chance of a recovery, according to the report.
Treatment can include immobilization of the area initially. A doctor may then recommend light physical therapy as part of the treatment, using a range of motion exercises. Should the infant fail to show improvement after a few months, the doctor may recommend surgery.
As your child moves through the treatment process, you may want to hire a Plano Erb’s palsy lawyer to discuss your options. The Birth Injury Lawyers Group is ready to defend your rights. Call us at (800) 222-9529. We work on a contingency fee basis, which means you do not pay any fees up front to hire us. Our payment comes from the final settlement in the case.
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The Prognosis When Erb’s Palsy Does Not Heal
If, after physical therapy and surgery, the child does not heal from Erb’s palsy, he or she could be facing a lifetime of problems. As the child ages, you may see continued problems with motor function in the affected arm and shoulder, making it difficult for the child to handle simple personal grooming tasks.
With the weakness in the arm, the child may not be able to participate in some activities and sports.
Determining a Fair Settlement
While the child suffering from permanent disability from Erb’s palsy should be able to live independently when he or she becomes an adult, many tasks will be more difficult to complete than for someone who did not have Erb’s palsy as a baby.
Any settlement amount you and your child receive in a medical malpractice lawsuit related to Erb’s palsy should take into account any lasting effects of the palsy. Your attorney will work on your behalf, seeking to generate a fair settlement that truly reflects the situation your child is facing now and will face in adulthood.
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Services an Erb’s Palsy Attorney May Offer
Hiring an attorney to represent your interests in a medical malpractice lawsuit regarding Erb’s palsy can give you and your family a variety of benefits, including:
- Judging the strength of your case: your lawyer will discuss the facts of the case with you during an initial consultation, determining the strength of your claim, while also informing you of your rights.
- Studying the facts: the attorney will look at your baby’s medical records and interview those present during the birth to determine exactly what happened in your case.
- Staying on task: your lawyer will precisely meet all deadlines regarding the filing of paperwork and claims, such as meeting the statute of limitations required for this type of case.
- Representing you: the attorney will negotiate on your behalf with the insurer and will represent you in a court case if it reaches that point.
Usually, Erb’s palsy attorneys do much more than that. When they take your case, they will most likely conduct a parallel investigation into the case’s facts and key-players, consult with medical experts to validate your claim (many of these professionals will probably testify on your behalf), talk to witnesses, initiate, and supervise discovery, negotiate with the defendant’s insurers and attorneys, etc. In other words, you can focus on your family’s recovery and child’s health while your attorneys go through all the motions of winning your case.
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Healing from Erb’s Palsy
The good news is the symptoms of Erb’s palsy should heal over time as the child ages in the majority of cases. Sometimes, though, the nerves will not heal on their own, resulting in a permanent disability.
Either way, you have the right to seek damages for the errors the medical personnel committed during the birthing process that led to the Erb’s palsy diagnosis. A Plano Erb’s palsy lawyer will be able to look at the facts in your case, helping you receive the fairest possible settlement, whether your infant’s injuries heal after a few months or whether they will never heal.
The team at the Birth Injury Lawyers Group is ready to take on your case as soon as you hire us. Call us today (800) 222-9529 for a free review of your case.
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