Erb’s palsy is a type of paralysis that can develop when a network of five nerves called the brachial plexus sustains damage or injury. In patients who suffer from Erb’s palsy, the shoulder, arm, hands, and fingers may become weak, or the affected individual may be unable to move them at all if these nerves sustain damage. Other issues and disabilities that can develop with Erb’s palsy include a loss of sensation and growth defects in the muscles of the arm.
Injury to the brachial plexus can occur during childbirth and it commonly occurs in the following situations:
- If the baby’s head or neck is stretched, pulled, or pushed sideways as the baby passes through the birth canal.
- If the baby’s head emerges whilst the shoulders are stuck behind, often against the mother’s pelvis; this can occur if the child is too large or if the mother does not dilate sufficiently for the baby to easily pass into the world.
- If, in a breech (feet-first) delivery, the baby’s arms are raised or twisted inside the birth canal.
The situations below are known as risk factors. They can increase the incidence rate of Erb’s palsy occurring in any given child:
- Infants who are larger than average, since they may press against the narrow entryway of the birth canal.
- C-section deliveries.
- Doctor inexperience.
- Clerical or administrative errors.
Health care professionals are expected to take necessary precautions to prevent the mother and her baby from sustaining an injury. They must advise the mother with regards to appropriate prenatal care and also screen the mother and her 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 Erb’s palsy, if he or she has missed key growth milestones, or if he or she has trouble using their arms or hands, speak with a lawyer to investigate the case. You must learn why the condition occurred, why it was not diagnosed or potentially misdiagnosed, how severe the case is, and what next steps you should take to provide your child with the care and therapy that he or she needs.
In many cases, Erb’s palsy is a preventable injury, and you may be entitled to compensatory damages to cover you for your financial losses that result from your child’s injury. To learn how to file a case, what evidence is needed to support your claim, and to investigate the circumstances surrounding your child’s delivery, call the Birth Injury Lawyers group for a free case evaluation at (800) 222-9529.
For a free legal consultation, call 1-800-222-9529
Treatment for Erb’s Palsy and Types of Compensation
Patients of Erb’s palsy may require surgery, physical or occupational therapy, or other long-term care and treatment depending on how severe the damage to the brachial plexus is. The patient 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.
If the actions or the inaction of your health care provider or a medical practitioner contributed to, worsened, or caused your child’s nerve damage, you may have grounds to sue for medical negligence. Medical bills for the injuries that result and for the treatment needed to help your child overcome their disabilities can be costly. We entrust 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, they may be held liable for any damages and injuries that result.
Compensable damages for Erb’s palsy cases include:
- Medical costs, including the costs of doctor’s visits, medications, ambulance costs, and the costs of assistive devices.
- Rehab costs, therapy costs, and bills paid to counselors and trainers.
- Income lost from work missed while you attended to an injured or disabled loved one.
- Punitive damages if a medical practitioner was grossly negligent in treating the mother or her child.
Treatment and rehab costs can quickly add up. You must speak with a medical specialist and legal counsel about getting the care and treatment your child needs and how to pay for it.
Lowell Erb's Palsy Lawyer Near Me 1-800-222-9529
Settlements and Trials
It is easier to settle a birth injury claim out of court than it is to take a case to trial. Your lawyer will fight for a fair settlement that you are happy with, but if an agreement cannot be reached with the defendant or at-fault parties, your case will probably go to trial. It is best to prepare beforehand since a courtroom trial is a possibility.
After conducting an evaluation of your case, your lawyer will collect the evidence and information needed to support your case and will present it to the defendants. This will give them a chance to see the evidence and arguments that are stacked up against them. In many cases, if you have a strong case, they will negotiate a settlement with you. However, if a settlement cannot be reached, you must prepare for a trial, and your claim will be assessed by a judge and/or jury based on the facts of your case.
Speak with Us Today
We offer services on a contingency-fee basis. This means we charge no up-front fees and only collect once we successfully win a settlement for you. You have nothing to lose so call today for a free case evaluation. We will tell you about the strengths and weaknesses of your case, who may be liable for damages, the kinds of compensation you may be entitled to, how and when to file, 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. Statutes of limitation apply to all injury and malpractice cases so be sure to file a claim as soon as you discover or receive a diagnosis of Erb’s palsy. Call now at (800) 222-9529.