Erb’s palsy is a type of brachial plexus injury that sometimes occurs because of negligence during the labor and delivery process. If your child suffered a birth injury, you may be eligible to file a medical malpractice case against the liable doctor or facility.
For a free review of your family’s Erb’s palsy case, call the Birth Injury Lawyers Group today at (800) 222-9529. Medical malpractice attorneys handle birth injury cases based on contingency, so your family will not have to pay any out of pocket fees.
For a free legal consultation, call 1-800-222-9529
You Can Pursue Damages for Incurred Losses
If your child sustained a preventable injury during or shortly after delivery, you may have a case to hold the doctor or hospital responsible for their condition. If your case is successful, you may be able to recover economic and noneconomic damages. Your Thornton Erb’s palsy lawyer will likely enlist the help of a medical expert witness and work to support your claim. By entrusting your case to the care of a legal professional, you will be able to focus on your family and child’s wellbeing.
Common evidence in these cases include:
- Medical records relating to the pregnancy and birth
- Your child’s medical records
- Other documentation of the pregnancy, delivery, and your child’s diagnosis, including medical imaging and test results
- Expert witness testimony
- Your medical bills, receipts, and other proof of your expenses and losses
Your lawyer will use this evidence to support an out-of-court settlement negotiation or to argue on your behalf before a judge.
To get started today, reach out to the Birth Injury Lawyers Group by calling (800) 222-9529. You can get a free review of your child’s Thornton Erb’s palsy case.
Thornton Erb's Palsy Lawyer Near Me 1-800-222-9529
Erb’s Palsy Treatment Varies Depending on the Child’s Injury
Erb’s palsy occurs because of an injury to the brachial plexus. This is an area in the neck where the nerves that control movement and sensation in the shoulders, arms, chest, hands, and fingers connect with the spinal cord. During a difficult delivery, the doctor or another medical care provider may forcefully extract the baby from the birth canal, either by excessive force or using medical tools. This stressful motion causes these nerves to become stretched, injured, or torn.
The result is a temporary or permanent paralysis of the area connected to the damaged nerves. Erb’s palsy affects the shoulder and the upper arm, generally only on one side.
Generally, brachial plexus injuries affect either:
- The upper brachial plexus, C5, C6, and sometimes C7
- The lower brachial plexus, C7, C8, and T1
Erb’s palsy is an injury to the upper brachial plexus. It causes weakness, numbness, and paralysis of varying severity in the shoulder and bicep, down to the wrist of the affected arm.
Treatment of Erb’s palsy generally begins with immobilizing the arm for several weeks. Around the baby’s third week of life, they will begin physical therapy. Often, the physical therapist will teach the parents how to manage this therapy. It will include movements and exercises that can help prevent muscle atrophy and maintain range of motion.
During this period, your doctor will monitor your baby’s healing closely. In some cases, Erb’s palsy requires surgery to repair feeling and movement in affected limbs. With proper procedures, the rate of recovery for Erb’s palsy can range between 80% to 96%. However, some children have lifelong disabilities related to this condition.
If your child has an Erb’s palsy diagnosis, the Birth Injury Lawyers Group can help. Call (800) 222-9529 today.
Damages Available in a Thornton Erb’s Palsy Birth Injury Case
When your attorney identifies and gathers evidence in your case, it will include proof of the expenses and losses your family has experienced because of your child’s injury, treatment, and ongoing concerns. The value of your case and type of damages may vary dramatically from other families with similar claims. This is why you will need to document your specific losses.
Recoverable damages could include:
- Current and future medical bills
- Surgery and ongoing care, if needed
- Physical therapy, occupational therapy, and other necessary therapies
- Adaptive equipment and other medical devices
- Related out-of-pocket expenses
- Pain and suffering
- Mental anguish
If you recover compensation in your case, whether through a settlement or court award, your Thornton Erb’s palsy lawyer will receive the check. They will then take out the pre-agreed fees and give the remaining portion to your family. This lowers your financial risk while you focus on your family and child during the legal process.
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You May Have a Limited Time to Act
The state’s statute of limitations for filing a civil action for a birth injury is not clear. It can be difficult to understand which rules apply to your case. The best way to learn more about the deadline for taking legal action is to discuss your case with an attorney who is familiar with birth injury law in your state.
Under Colorado Revised Statutes § 13-80-102.5, most medical malpractice injury victims have two years to file a lawsuit, and there is a three-year statute of repose. How these work when the victim is an infant, though, is not always clear. Your attorney will need to learn more about the facts of your case to determine if you still have time to file a lawsuit.
Talk to a Thornton Erb’s Palsy Lawyer About Your Child’s Case
In Colorado, the family of a child who sustains a preventable birth injury and receives an Erb’s palsy diagnosis has the right to pursue financial recovery. You may be able to possibly secure compensation based on the economic and noneconomic damages your family has endured. If your child suffered a birth injury at the hands of another party’s negligence, you can get help understanding your options today. Call Birth Injury Lawyers Group now at (800) 222-9529.