The birth of a baby is supposed to be a joyous occasion. It can be devastating to discover that your baby was injured during delivery.
If you are a mother and your baby’s upper arm or shoulder was injured during childbirth, medically known as Erb’s palsy, you may be entitled to claim compensation for the financial burden associated with this condition. Erb’s palsy settlements typically depend on individual circumstances.
Learn more about filing an Erb’s palsy malpractice lawsuit.
What is Erb’s Palsy?
Erb’s Palsy is a condition that attacks the nerves and muscles in the arms and shoulders.
Erb’s palsy can occur when a nerve is accidentally severed during surgery or trauma. However, most Erb’s palsy cases happen when infants are injured during delivery. This condition affects one to two out of every 1,000 babies.
Erb’s Palsy causes pain, weakness, and numbness in one or both of the baby’s arms. In some cases, people with Erb’s palsy may have difficulty with fine movements like writing or typing.
What Causes Erb Palsy?
Erb’s palsy is caused by damage to the Brachial plexus group. These nerves control the movements of your arms, shoulders, and hands. It can also be caused by stretch injury affecting the plexus root from the spinal cord.
This condition is different from cerebral palsy, which is caused by abnormalities in or damage to the brain. Erb’s palsy, which is the most common type of Brachial plexus palsy, can happen during pregnancy, labor, or when shoulder dystocia occurs during delivery or birth.
Typical risk factors for a child’s brachial plexus injury include
- Cesarean section
- Breech delivery, where the arms pull over the baby’s head
- Excessive weight increase in the mother.
- High birth weight
- Diabetes in mothers.
- Excessively long labor
- Small or unusually shaped maternal pelvis
- Forceful delivery (Rough handling of the baby’s head, neck, or arm}
- Injury to part of the plexus at the spinal cord.
What are the Symptoms of Erb’s Palsy?
The symptoms of Erb’s palsy vary depending on the severity of the paralysis. However, common signs and symptoms include:
- The affected arm tends to dangle from his shoulder.
- The newborn cannot move their shoulder but may be able to move his or her fingers.
- The newborn may be unable to lift the affected arm above his head.
- The infant’s arm is partially or fully paralyzed.
- The hands may feel tingly or numb.
- The infant has trouble gripping the affected hand.
While many babies born with Erb’s palsy may recover, some will require daily physical therapy, surgery, and rehabilitation, and perhaps adapted equipment to manage this nerve injury for the rest of their lives. All of these cost money.
If you or someone you know is a victim of Erb’s palsy as a result of medical negligence, an Erb’s palsy lawsuit may help you get the financial settlement you need to care for your child.
Who is Responsible for Erb’s Palsy in Newborns?
Erb’s palsy typically happens during the birthing process if the baby’s head or shoulder gets stuck in the birth canal. The condition can also occur when the doctor pulls hard or twists the baby during delivery.
There are a variety of factors that can contribute to Erb’s palsy, but ultimately it is the responsibility of the medical professionals to prevent and treat the condition. When it happens, the doctors, the hospital, in fact, the entire delivery team can be held liable and the hospital may be compelled to provide financial compensation.
You can see if your baby suffered nerve damage because:
- Erb’s palsy risk factors weren’t identified by the medical professional.
- The doctor failed to take precautions to prevent traction damage.
- Although the infant was positioned awkwardly or there were indications of shoulder dystocia, the doctor did not address these problems.
- The doctor missed warning indications of fetal distress.
- A cesarean section, which is occasionally required to ensure a safe birth, was not scheduled by the doctor.
- The person helping with the delivery used excessive force when pulling the child out of the birth canal.
If you believe that your child has Erb’s Palsy, you should contact a law firm that specializes in birth injury cases.
Your Erb’s palsy attorney can assist with an investigation to identify the degree of potential wrongdoing on the part of the medical team. They will be able to help you determine if you have a medical malpractice case and what your legal options are for getting help for your child’s injury.
Is It Possible To File an Erb’s Palsy Lawsuit?
If your child has been diagnosed with Erb’s palsy, you may be wondering if you have any legal recourse. The simple answer is yes.
The damage caused by Erb’s palsy can have a lifelong impact on the child’s health and quality of life, and it is important that victims explore every legal option for Erb’s palsy settlements.
It is important to point out, however, that while it is possible to file a brachial plexus lawsuit if your child has been diagnosed with Erb’s palsy, you should understand that these cases can be complicated. If you are considering taking legal action, it is important to speak with an experienced birth injury lawyer to discuss your options.
Why Take Legal Action for Your Child’s Erb’s Palsy
There are a number of reasons why you may want to file an Erb’s palsy lawsuit.
First, you may be entitled to financial compensation for your child’s medical expenses. These can include the cost of doctor’s visits, medical treatment, and physical therapy. You may also be able to recover damages for your child’s pain and suffering.
Another reason to file a palsy lawsuit is to hold the responsible party accountable. And finally, it can help prevent other families from going through the same ordeal. Successful brachial plexus lawsuits can help protect other children by drawing attention to these negligent medical facilities.
If you’re considering an Erb’s palsy lawsuit, be sure to contact a reliable law firm to discuss your case so that you can get the best legal advice.
What is The Best Time To File an Erb’s Palsy Lawsuit?
In general, it is best to speak with an experienced Erb’s palsy lawyer as soon as possible to get started on your case. Some medical malpractice state laws define statutes of limitations on filing a medical malpractice lawsuit after the injury occurs, so it is important to act quickly.
An experienced lawyer will be able to advise you on the best course of action for your Erb’s palsy case and help work towards helping you get the compensation you deserve.
The Erb’s Palsy Lawsuit Process
The process of filing an Erb’s palsy lawsuit is not simple, and it can take months to get all the information you need. To help you get started, we’ve put together a checklist.
Get a Case Review
The first step in pursuing an Erb’s palsy lawsuit is to get a case review from an attorney to determine if your case has merit.
If there’s very little chance of winning, then filing the palsy lawsuit may not be necessary. However, if there are reasonable chances of winning and getting Erb’s palsy compensation for your suffering, then this might be worth pursuing.
Gather Evidence
Once you know there is value in Erb’s palsy case, gather any evidence you can. This could include pictures, medical records, x-rays and other evidence you can lay your hands on that relates to your case.
If you can get all of this information together in one place, it will be easier for the attorney to review it when meeting with you and your family members involved in the case.
File the Lawsuit
The next step in any Erb’s palsy lawsuit is to file the lawsuit. The court clerk will issue a summons and complaint, which you’ll use to initiate your case against the defenders, who are usually the medical team involved in the birth of your baby.
Discovery
Discovery allows both sides to obtain information, including expert reports, professional medical advice, interrogatories, and depositions so help with the trial. Discovery can also help resolve potential conflicts between parties before they become an issue during trial proceedings.
Trial vs Settlement
Once discovery is complete, you will have the opportunity to negotiate an Erb’s palsy settlement with the hospital, their insurance company, or their attorney.
If you don’t reach an agreement, then it will go to trial where your attorney will present the argument as to why you deserve Erb’s palsy compensation from the hospital for injuring your baby.
Compensation from an Erb’s Palsy Lawsuit
You have a strong chance of being awarded a medical malpractice settlement if you decide to proceed with a palsy lawsuit and you and your counsel can demonstrate that medical negligence was a factor in your child’s injury.
Your potential compensation will be based on the severity of the brachial plexus damage, the actions or inactions that led to your child’s birth injury, and his or her future outlook.
The average payout for a medical malpractice claim for a newborn is $936,843. One of the earliest Erb’s palsy case verdicts was $1.25 million in a settlement.
Your potential Erb’s palsy settlement payment may be sufficient to ensure that your child won’t have to worry about future bills. You might even get compensated for your child’s injuries, missed earnings, and even emotional distress.
If you want to secure an Erb’s palsy settlement for your child, make sure you take the appropriate first step. Hire a reputable Erb’s palsy lawyer who will review your case, determine if it falls within the Erb’s palsy statute of limitations, and help you determine the appropriate way to proceed.
Why You Need a Medical Malpractice Attorney
If you or someone you love has been injured by medical professionals, it’s important to take legal action. The medical profession is full of mistakes and missteps. Doctors are not perfect and neither are the hospitals where they work. Birth injuries are serious issues that can be costly for victims in terms of medical expenses and lost wages.
But suing a hospital is not something you can do by yourself. Regardless of the kind of damage you are dealing with, it is crucial to have a knowledgeable partner law firm that can defend your legal rights.
When it comes to Erb’s palsy cases, there is a very good possibility that the harm was caused by the doctor pulling on the infant during an extremely challenging birth. There is undoubtedly the possibility of legal consequences in such a situation, and you will need the assistance of an experienced attorney to guide you through this legal process.
Find an Experienced Erb’s Palsy Lawsuit Attorney Near You
If you have a child or know someone whose child is living with Erb’s palsy that was caused by medical problems during delivery, there is a good chance of getting justice and financial compensation for this medical negligence.
The Erb’s palsy settlement can help secure a healthy and productive future for the child. The first step though is to find an experienced Erb’s palsy lawsuit attorney that can help your case. This is where we come in at Justpoint.
Justpoint is an innovative AI-powered platform that uses predictive analytics to connect lawyers with clients. It provides a superior, intuitive user experience for clients to search for a lawyer, receives a profile of that lawyer’s background and experience, and connect with the lawyer for a free consultation.
If you’re looking for a lawyer anywhere in the USA, JustPoint.com is your go-to platform for finding experienced personal injury lawyers and taking legal action against an unreliable medical facility.
Final Thoughts
Erb’s palsy is a very serious condition. Although the symptoms of Erb’s palsy may look simple at first, the effects can be debilitating, and in some cases, long-lasting. If your child is affected by Erb’s palsy, you may be entitled to an Erb’s palsy settlement.
Developing an attorney-client relationship with a reliable lawyer is the best possible starting point for an Erb’s palsy lawsuit. An Erb’s palsy lawyer will be able to explain your rights and options and let you know if your case has merit.
Search for an experienced Erb’s palsy attorney on Justpoint today and get started towards getting help for yourself and your baby after this avoidable birth injury.
FAQs
Is Erb’s palsy negligence?
In most cases, yes. Erb’s palsy, just like cerebral palsy, is often caused by negligence/ careless mistakes during the delivery process. It usually qualifies as medical negligence, and you might be entitled to file a palsy lawsuit to recover damages.
Is Erb’s palsy considered a disability?
According to the Social Security Administration, a child must suffer from a physical or mental condition that significantly affects their capacity to engage in normal activities. Most children who live with the severe effects of Erb’s palsy and reside in low-income homes meet this requirement.
Can Erb’s palsy get worse?
Yes. In the absence of therapy, symptoms of nerve damage related to the brachial plexus group will worsen and are more likely to result in permanent paralysis in the affected area.
Is Erb’s palsy a birth defect?
No, it is not. Erb’s palsy is a type of brachial plexus injury and usually happens during delivery, but it can also affect adults. This birth injury limits the mobility of the baby’s shoulders and arms and, if left untreated, may result in paralysis.
