Erb’s palsy is a brachial plexus injury. The symptoms include weakness and lack of sensation in the arm.
In most cases, the injury occurs during birth when the brachial plexus nerves are damaged due to excessive force. Such injuries affect only a small percentage of newborns, but they occur frequently enough that doctors should take precautions to avoid them during childbirth.
The uncomfortable truth is that your child’s Erb’s palsy may have been preventable. If you believe your child’s Erb’s palsy to be the result of medical malpractice on the part of your attending physicians, we can help you file a birth injury claim against them.
Damages in this sort of case can include the cost of your child’s treatment, recovery, pain and suffering, and more. If a doctor’s negligence caused your child’s injuries, you and your family deserve this financial support.
Call (800) 222-9529 to speak with an Evansville representative of the Birth Injury Lawyers Group. The initial consultation is free, and we work on a contingency fee basis, which means we do not get paid unless you receive a negotiated settlement or a court award. An Evansville Erb’s palsy lawyer is here to help you and your child.
For a free legal consultation with Evansville Erb's Palsy lawyer, call 1-800-222-9529
The Symptoms of Erb’s Palsy
Erb’s palsy in children affects movement and sensation in the shoulder and elbow. Infants born with Erb’s palsy may have a weakened arm that lays limply at the side, sometimes turned inward. They may have trouble lifting the arm over their head or to their mouth. They may also have difficulty moving their fingers.
If you notice any signs of Erb’s palsy in the first weeks or months of your child’s life, notify a doctor immediately. If they reach an Erb’s palsy diagnosis, they may begin treatments to start your child’s recovery.
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The Causes of a Brachial Plexus Injury
The primary cause of a brachial plexus injury in newborns is trauma from the stretching and tearing of the nerves at birth.
Certain conditions make this injury more prevalent, such as the child being larger than normal or being delivered in a breech presentation. In any situation in which the birth is prolonged, the brachial plexus may be in danger of being damaged.
Still, this injury is not always inevitable. A doctor may have allowed a dangerous childbirth to occur by failing to conduct thorough screenings of the mother and preparing a safer alternative. Even in a difficult birth situation, injury-causing force may not have been the only option to deliver the baby.
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Proving Negligence in Your Child’s Erb’s Palsy Case
Negligence does not mean your doctor intentionally meant to harm you or your child. It simply means that your doctor, your nurses, or the hospital itself failed to behave in a manner that was consistent with recognized practices. To prove negligence, your Evansville Erb’s palsy lawyer may assert the following elements:
- Duty of care: your doctor owed you and your baby a standard of care consistent with any other doctor of the same training and under the same circumstances.
- Breach of duty: your doctor failed to maintain this duty of care either by negligent action or negligent inaction.
- Causation: your doctor’s failure resulted in your baby suffering a brachial plexus injury.
- Damages: the brachial plexus injury resulted in your child’s Erb’s palsy and your family’s losses associated with treating the condition. These damages could include everything from past and future medical bills, diminished quality of life, pain and suffering, and more.
Should your case require testimony from a medical expert that your doctor’s care fell below the reasonable standard, the Birth Injury Lawyers Group can obtain this evidence. We can also gather evidence that estimates the future costs of your child’s recovery, and the injury’s impact on your family, to advocate for your full compensation.
For a free consultation, call our firm at (800) 222-9529.
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How an Evansville Erb’s Palsy Lawyer Can Help
Although you could file a claim with your healthcare providers’ insurance company on your own, an Evansville Erb’s palsy lawyer can offer you certain services to assist in your claim for compensation. These services include:
- Gathering medical records
- Consulting with medical experts
- Identifying all liable parties
- Calculating your losses
- Negotiating with the insurance company
- Pursuing compensation, even in court if necessary
We will defend your rights to the fullest extent of the law when we handle this casework on your behalf.
The Statute of Limitations
There are certain deadlines that can affect your ability to pursue compensation for your child’s injuries. Indiana places a statute of limitations, or time limit, on medical malpractice cases. If you do not take action before the statute of limitations expires in your case, it could prevent you from recovering compensation.
We can discuss which deadlines pertain to your case when you call the Birth Injury Lawyers Group. Call us even if you think your time may have run out, as special circumstances can extend the statute of limitations in some cases.
Call the Birth Injury Lawyers Group
Call the Birth Injury Lawyers Group at (800) 222-9529 for a free consultation. We operate on a contingency fee basis with no upfront fees. You only pay if and when we win you compensation.