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Common Causes and Risk Factors of Erb’s Palsy
Erb’s palsy is a condition characterized by arm weakness and loss of motion–it may occur in both infants and adults.
It’s typically caused by a physical injury during newborn delivery or by traumatic force downward on the upper arm and shoulder, damaging the brachial plexus.
The brachial plexus is a network of nerves near the neck that provide movement and feeling to the shoulder, arm, hand, and fingers.
Erb's palsy symptoms may vary depending on the type of injury to the brachial plexus nerve–symptoms in babies and adults include:
- Loss of feeling in one arm
- Partial or total paralysis of one arm
- Weakness in one arm
- Numbness in one arm
- Limited motion of the arm
Many birth injury cases such as Erb's palsy stem from medical malpractice, which is any type of failure on the part of medical personnel to keep their patients safe.
Doctors who use excessive force during delivery may be to blame if the child develops Erb’s palsy–for example, if a doctor pulls on a baby’s head, neck, or limbs during delivery, it may cause the nerves to stretch or tear.
If the baby is larger than usual or in the incorrect position in the weeks leading up to the due date, advanced planning by the obstetrician to prevent Erb’s palsy should include ensuring qualified personnel is present in the delivery room, proper use of birthing instruments and extractors, and induction of labor or Cesarean delivery if several risk factors are identified.
Erb’s palsy lawsuits award compensation based on:
- Costs related to therapy, adaptive equipment, counseling, surgery, and more
- Lost wages if a family member had to quit their job to care for the child
- Other issues such as emotional distress, pain, suffering, or loss of companionship
Some families have received million-dollar payouts from Erb’s palsy lawsuits, but individual case values may vary.
The team at NewYorkBirthInjuryClaims.com urges victims of Erb’s Palsy to get a free, thorough case evaluation.
What to Do If You Suspect Medical Malpractice Caused Your Infant’s Erb’s Palsy
Medical malpractice lawsuits may be filed against an individual physician or against the hospital as a whole–hospital negligence directly holds the hospital liable for its own acts of neglect.
Hospitals are expected to have policies and practices in place to avoid any instances of patient neglect–they are also expected to provide a safe and sterile environment for all patients.
Additionally, hospitals are responsible for hiring medical staff with appropriate medical care education, training, and licensing–the hospital may be held legally accountable if a medical staff member does not meet the requirements to practice.
Hospitals may also be held responsible for any birth injury caused by a lack of on-duty medical professionals in order to maintain quality patient care–it is the hospital’s responsibility to ensure there are enough staff members at all times to ensure all patients are safe.
What Should I Do First?
A case evaluation is the first step in filing an Erb’s palsy medical malpractice lawsuit on behalf of your newborn.
A lawyer may analyze the details of your child’s case to determine whether you are eligible to file an Erb's palsy negligence claim.
Case evaluations should be conducted with an experienced Erb's palsy law firm–experienced lawyers may build a strong Erb's palsy claim and get your family financial compensation to help pay for your child’s treatment.
How Do I File an Erb's Palsy Claim?
Once you get a free consultation from an experienced legal team, they may help you formally file your child’s Erb's palsy medical malpractice claim on behalf of your newborn.
Your birth injury attorney may take care of all the paperwork and legal heavy lifting to file your child’s claim so you may focus on caring for your child.
Your lawyer may collect prenatal and birth records, medical bills, photographs, imaging test results, and other forms of documentation to file your child’s Erb's palsy medical malpractice claim.
A lawyer may work to find enough evidence to make your child’s case as strong as possible.
It is incredibly important to file your child’s Erb's palsy claim within your state’s statute of limitations–this law puts a time limit on how long you have to file your lawsuit.
The TDC Group reported that 76.7% of pediatric medical malpractice claims were filed within three years of the injury.
The team at NewYorkBirthInjuryClaims.com believes that Erb’s Palsy victims should receive the compensation they deserve for damages, injuries, and lost wages.
Our network of attorneys have a track record of success.
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