Erb’s palsy is a specific type of nerve damage that affects a network of five nerves that are called the brachial plexus. These nerves are located near the neck. Injury to the brachial plexus can occur during childbirth. If these nerves sustain damage, the shoulder, arm, hands, and fingers may become weak, or the child affected by it may be unable to move them at all. Other issues and disabilities in the injured baby include a loss of sensation, growth defects in the muscles of the arm, and even paralysis.
Birth-related Erb’s palsy can occur in the following situations:
- If baby’s head and neck are pulled or pushed sideways as the baby passes through the birth canal.
- If the baby’s head emerges whilst the shoulders are stuck behind.
- If the baby’s shoulders become unnaturally stretched as he or she passes through the birth canal.
- If, during a feet-first or breech delivery, the baby’s arms are raised, pressed, or twisted inside the birth canal.
Beyond the above, a number of risk factors can also lead to Erb’s palsy. These risk factors include:
- Infants who are larger than average, since they may press against the narrow entryway of the birth canal.
- C-section deliveries may result in nerve damage that leads to Erb’s palsy.
- The skills and experience – or lack thereof – of a doctor, nurse, or other caregivers responsible for assisting during delivery may cause, contribute to, or aggravate damage to the brachial plexus.
Skilled, well-trained, and knowledgeable health care professionals must take necessary precautions whenever faced with a difficult or unexpected delivery circumstances. These professionals are also responsible for taking preemptive steps to avoid risks and injury to the mother and her baby, take appropriate neonatal steps to ensure the baby is safe and healthy during and after delivery, and advise a mother with regards to appropriate prenatal care. They must also screen the mother and baby for infections or other issues that may cause or lead to a birth complication.
If your child or that of a loved one suffers from a disability, has missed key growth milestones, or has trouble using their arms or hands, they may suffer from Erb’s palsy and you should speak with a lawyer to investigate the cause of the illness, why it was not diagnosed, how severe it is, and what next-steps you should take in the event that the child does indeed have Erb’s palsy.
In many cases, Erb’s palsy is a preventable injury, and you should not have to pay for your child’s treatment yourself if the injuries that led to it were a result of the negligence of medical staff responsible for delivering your baby. To learn how to file a case, what evidence is needed to support your claim, and to conduct an investigation of the circumstances surrounding your child’s birth, call us today at (800) 222-9529.
For a free legal consultation, call 1-800-222-9529
Treatment for EB and Types of Compensation
Depending on how severe the damage to your child’s brachial plexus was, he or she may require surgery, physical or occupational therapy, or other long-term care and treatment. He or she may suffer from extensive impairment in his or her ability to use their arm and, in some cases, they may suffer permanent weakness or paralysis.
Medical bills for these treatments and to help your child overcome their disabilities can be costly. If the actions – or a lack thereof – on the part of your health care provider or a medical practitioner contributed to, exacerbated, or directly caused your child’s nerve damage, you may have grounds to sue for medical negligence. We trust medical caregivers to provide our loved ones with the care and treatment they need and deserve, and these caregivers are held to a high standard. If they fail to meet this standard by, for example, incorrectly using medical equipment or improperly executing basic procedures during delivery, misdiagnosing an illness, failing to perform remedial actions or identifying potential sources of birth complications, they may be held liable for any damages and injuries that result from such oversight.
Compensation and damages are usually provided for the following, depending on the unique circumstances of your case:
- The costs of medical treatment: Doctor’s visits, medications, ambulance costs, and the costs of assistive devices.
- Therapy costs and bills paid to counselors and trainers.
- Lost income that accrued as a result of missing work while attending to an injured or disabled loved one.
- Punitive damages if a medical practitioner was grossly negligent or was responsible in the past for similar mistakes.
Whatever treatments your child may need to undergo, the costs can quickly add up, and you need to speak with primary care providers, medical specialists, and legal counsel about how you can get the care and treatment your child needs and how to pay for it.
Cambridge Erb's Palsy Lawyer Near Me 1-800-222-9529
Speak with Us Today
Whatever the cause of your child’s injuries, and whatever expenses you may be reeling from as a result, we are here to help. We specialize in birth injury-related litigation and we can help you investigate the circumstances surrounding your child’s delivery, interview medical staff responsible for providing the mother and child with care, identify when, where, and how a breach of the duty of care occurred (if any), quantify the damages you may be entitled to, and file a claim on time with the right courts and within the right jurisdictions.
We charge no up-front fees and work on a contingency basis. This means we only collect fees and coverage for our expenses once we successfully win a settlement for you. You have nothing to lose and only have a potential compensation payout to gain, so call today for a free case evaluation. We will walk you through everything you need to know: the strengths and weaknesses of your case, who may be liable for damages, what kinds of compensation you may be entitled to, how to file, the kinds of records to keep, and what to expect if your case goes to trial. We are the leading birth injury experts and we are here to help you get your life back on track. Call now at (800) 222-9529.