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Erb’s palsy is a birth injury that affects many newborns and is often a result of medical mistakes. If you feel your child’s injury resulted from medical negligence, learn more about an Erb’s palsy claim for compensation and how it can help you recover damages and get justice.
What Is Erb’s Palsy?
Erb’s palsy is damage to the brachial plexus nerves that control the movement of muscles in the arm and provide sensation to the arm.
The nerves can be damaged in several ways, but some of these injuries occur in infants during childbirth and could have been prevented.
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Depending on the severity of the injury, an infant may have temporary or permanent Erb’s palsy. The symptoms of Erb’s palsy are:
- Loss of sensation in the arm
- Weakness in the arm muscles
- Paralysis in the arm muscles
The injury can range from mild or moderate to complete and severe. If the damage that causes the palsy is minor, it most likely will heal as the infant grows.
However, for some infants, the damage is too much to be healed, even with surgery or other treatments. These infants face the reality of growing up with a permanent disability. This may mean losing all feeling in an arm, having minimal use of the arm, or even being wholly paralyzed in one arm.
Erb’s Palsy and Medical Malpractice
It is possible that the brachial plexus injury that caused Erb’s palsy was a genuine accident. In some cases, the cause is one or more medical errors.
The nerves of the brachial plexus run from the spine, through the neck, and to the shoulder, where they connect to smaller nerves that run down the arm. If the head and shoulder of a baby during childbirth pull apart such that the neck overstretches, this can cause damage to the nerves.
Here are some examples of how medical malpractice could cause Erb’s palsy:
- The baby was unusually large, and the head got stuck in the pelvic area. The doctor or midwife pulled too hard to free the head, damaging the nerves.
- The baby was in a breech position, and as the doctor or midwife pulled on the infant, its arms were raised over its head, causing strain to the brachial plexus as it emerged from the birth canal.
- The labor was long and complicated, and the doctor failed to recognize this and order a Cesarean section to avoid damage to the newborn.
- A doctor uses forceps or a vacuum extractor to aid in delivery and accidentally uses them too forcefully, causing the brachial plexus to get stretched out and damaged.
What Is an Erb’s Palsy Compensation Claim?
An Erb’s palsy claim for compensation is a lawsuit that you file to seek monetary damages for the disability caused to your child. In many cases of Erb’s palsy, the blame lies with a medical caregiver you trusted to provide competent care for you and your child.
If you can prove that this person was responsible for your medical care, made a mistake or error in judgment and that this mistake led to your child’s disability, you should file a claim for compensation.
Getting compensation could mean a better life for your child with the best medical care, crucial adaptive equipment, a good education, and even therapy.
What an Erb’s Palsy Claim for Compensation Covers
What the compensation may cover and how much you are likely to be awarded depends on several factors.
The decision will take into account:
- The extent and severity of your child’s injury
- How permanent the disability is expected to be
- The degree of negligence or malpractice that can be proven against the doctor or other caregivers present at your delivery
Your compensation should cover some expenses you and your child will be facing in the future, including some things you may not have yet foreseen.
For instance, compensation can include some of the more obvious costs of a disability like medical bills and lost wages if you need to stay home to care for your child.
It may also cover both emotional and physical therapy, surgeries, assistive and adaptive devices for home and school, and even transportation to doctor’s appointments. Depending on your state laws, it can even cover things like emotional and physical pain and suffering.
How to File a Claim and Win Compensation
To file an Erb’s palsy claim for compensation, you’ll need an experienced Erb’s palsy lawyer. This professional should be someone experienced with birth injury and medical malpractice cases and in winning compensation for clients.
You could go it alone, but your odds of earning money for your child are much less than if you trust in a professional Erb’s palsy lawyer who knows and understands the intricate legal system.
For one thing, a lawyer will know when the statute of limitations runs out and can ensure all necessary paperwork is filed.
Your lawyer will make the best case to prove negligence in your child’s injury and can be your representation either in a trial or a negotiation for a settlement.
Make sure you choose a lawyer with a proven track record for helping parents of children with birth injuries, and you will give your child the best possible future.
- Erb's Palsy (Brachial Plexus Birth Palsy) OrthoInfoAAOS. (n.d.). American Academy of Orthopaedic Surgeons.
Retrieved from: https://orthoinfo.aaos.org/topic.cfm?topic=a00077
- Erb’s palsy – Who is to blame and what will happen? (n.d.). PubMed Central (PMC). National Institutes of Health
Retrieved from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2724163/