If you have received a diagnosis that your child has Erb’s palsy after a difficult birthing process in Richardson, Texas, you may be confused as to exactly what has happened.
Unfortunately, this uncommon condition can sometimes be caused due to doctor negligence. When this happens, the responsible doctor or hospital may owe the victim’s family compensation in a medical malpractice lawsuit.
If you and your baby are in this situation, a Richardson Erb’s palsy lawyer from the Birth Injury Lawyers Group may be able to help you. We represent clients on a contingency-fee basis with no up-front payment necessary. Allow us to handle all aspects of your case while you concentrate on your child’s recovery.
For a free case review, call the Birth Injury Lawyers Group today at (800) 222-9529.
How Erb’s Palsy Can Occur
Erb’s palsy is a type of damage that occurs to the brachial plexus nerves in the shoulder area of an infant. You may notice that the newborn with Erb’s palsy seems to have a weakness in the affected arm and shoulder or may be unable to move the arm and shoulder at all.
Erb’s palsy forms because of some sort of compression or trauma that occurs to the brachial plexus nerves. It could occur while the baby is in the womb, or it may occur during a difficult birthing process.
Injury in the Womb
If the baby is positioned poorly in the mother’s womb during its growth, it is possible the baby could have an injury to the brachial plexus nerves, leading to Erb’s palsy.
In a case like this, there likely is nothing a doctor could have done to avoid the formation of Erb’s palsy, meaning it is unlikely medical malpractice occurred.
Injury During Birth
Many cases of Erb’s palsy occur because of an injury during birth. Some of the most common causes of this injury include:
- Pulling of the shoulder: where medical personnel pull on the baby’s arm or shoulder, trying to help the infant through the birth canal, placing stress on the brachial plexus nerves.
- Breech birth: where the baby’s shoulders become compressed and stretched in a breech birth (or feet first birth).
- Larger than average size: where a large-sized baby may not have enough room to move through the mother’s birth canal, leading to an injury in the shoulder area and the formation of Erb’s palsy.
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When Medical Malpractice Causes Erb’s Palsy
A doctor could be found to have behaved in a negligent manner during the birth by failing to anticipate that the baby had a larger than average size or that the baby was in the breech position. Anticipating a problem like this could have allowed the doctor to handle the birth differently, reducing the chance of forming Erb’s palsy. Oftentimes doctors will recommend a C-section delivery is they anticipate a difficult birth.
Other times, a doctor may cause brachial plexus injuries by applying excessive force to the baby during delivery, either manually or with a tool such as forceps or a vacuum extraction device.
A Richardson Erb’s palsy lawyer from the Birth Injury Lawyers Group can investigate your case for medical malpractice when we represent you. Using medical reports, interviews with those in the delivery room, and other tools, we can try to figure out whether negligence on the part of the doctor, nurse, or other medical personnel likely led to the injury resulting in Erb’s palsy.
We may also be able to hire a medical expert to testify in your defense that the care you received fell below a reasonable standard, and another doctor in the same situation would have acted differently.
If you believe that medical negligence caused your child’s Erb’s palsy, call the Birth Injury Lawyers Group today at (800) 222-9529. A member of our team is standing by to provide a free review of your case.
Richardson Erbs Palsy Lawyer Near Me (800) 222-9529
Adhering to the Statute of Limitations
According to Texas Civil Practice and Remedies Code § 74.251, the statute of limitations for medical malpractice lawsuits in Texas is generally two years. However, when the victim is a child, that deadline may be extended. For babies injured during childbirth, the family may have up to 10 years to pursue compensation.
To learn more about what specific deadline applies to your case, call the Birth Injury Lawyers Group today.
"We know first-hand what you are going through."
Diagnosing Erb’s Palsy Symptoms
It is possible that the parents of the baby may be the first people to notice that something is wrong with the infant when Erb’s palsy is present. This can be a frightening thing to see, as the baby’s arm may hang limply or may almost appear to be paralyzed.
Bring your child to a doctor for an immediate evaluation if you notice any of the following Erb’s palsy symptoms:
- Lack of movement in the shoulder and upper arm
- Arm held close to the body with no bending at the elbow
- Numbness in the upper arm
- Weakness in the upper arm
- A difference in function, control, or strength between the two arms
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Working With the Birth Injury Lawyers Group on Your Case
Once you hire the Birth Injury Lawyers Group to defend your rights, our team will remain by your side from start to finish. A Richardson Erb’s palsy lawyer from our firm can build your case and negotiate with the responsible party’s insurance company for a settlement offer on your behalf.
If the insurance company refuses to provide a settlement that truly reflects the damages your family has suffered, we can take your case to trial and defend your rights before a judge or jury.
For a free case review with a member of our team, call the Birth Injury Lawyers Group today at (800) 222-9529. We work on a contingency-fee basis, where our clients do not pay us attorney’s fees unless and until they recover compensation.
"We are committed to helping families who have suffered medical negligence."