Erb’s Palsy is a devastating diagnosis for any parent to hear, especially when it’s the result of a birth injury caused by medical negligence. This condition affects the nerves in the upper arm and shoulder, leaving children with partial or complete paralysis in the affected area.
If your child has developed Erb’s Palsy as a result of medical malpractice, understanding your legal options is crucial to securing the compensation needed for medical care, therapy, and long-term support. This guide will provide valuable information for parents navigating this difficult situation, while highlighting how a birth injury lawyer can help you pursue justice.
What is Erb’s Palsy?
Erb’s Palsy is a form of brachial plexus injury that occurs when the network of nerves in the neck and shoulder is damaged. These nerves are responsible for controlling movement and sensation in the arm, and when they are stretched or torn during birth, the result can be Erb’s Palsy.
There are four types of brachial plexus injuries:
- Neuropraxia: The nerves are stretched but not torn. This is the mildest form and often heals on its own.
- Neuroma: Scar tissue forms around the injured nerves, limiting their function.
- Rupture: The nerve is torn but remains attached to the spinal cord.
- Avulsion: The most severe form, where the nerve is completely torn from the spinal cord.
While some cases of Erb’s Palsy can heal with therapy and medical intervention, more severe cases may require surgery and result in long-term or permanent disability.
How Does Medical Malpractice Cause Erb’s Palsy?
Erb’s Palsy often occurs due to complications during childbirth, particularly when there is excessive force used to deliver the baby. Some common causes of Erb’s Palsy include:
- Improper Use of Forceps or Vacuum Extractor: When medical instruments are used incorrectly during delivery, they can exert too much pressure on the baby’s head and shoulders, causing nerve damage.
- Excessive Force During Shoulder Dystocia: Shoulder dystocia occurs when the baby’s shoulders become lodged behind the mother’s pelvis during delivery. If the medical team uses excessive force or maneuvers improperly to dislodge the baby, it can result in a brachial plexus injury.
- Delayed or Improper C-Section: In some cases, a cesarean section (C-section) is necessary to avoid complications during delivery. If the medical team fails to perform a timely C-section, it can lead to increased pressure on the baby’s nerves, causing Erb’s Palsy.
When Erb’s Palsy is caused by the negligence or improper actions of a medical professional during childbirth, it may be considered medical malpractice. In these cases, parents have the right to seek compensation to cover the costs of treatment and ongoing care.
Legal Options for Parents: Filing a Medical Malpractice Claim
If your child has developed Erb’s Palsy as a result of a birth injury, you may be able to file a medical malpractice claim to recover compensation. Here’s what you need to know about the process:
1. Consult a Birth Injury Lawyer
The first step in pursuing a medical malpractice claim is to consult with a birth injury lawyer who specializes in handling cases like Erb’s Palsy. A skilled attorney will be able to evaluate the details of your case, determine whether medical negligence occurred, and guide you through the legal process.
2. Gathering Evidence
To build a strong case, your medical malpractice lawyer will gather evidence to prove that medical negligence was responsible for your child’s injury. This may include:
- Medical Records: Your lawyer will review prenatal, labor, and delivery records to determine whether the healthcare provider acted negligently.
- Expert Testimony: Medical experts may be consulted to testify about the standard of care that should have been provided and whether the medical team’s actions deviated from that standard.
- Witness Statements: Statements from nurses, doctors, and others involved in the delivery process may be used to support your claim.
3. Proving Medical Malpractice
To succeed in a medical malpractice claim, your lawyer must prove the following:
- Duty of Care: The healthcare provider had a duty to provide a standard level of care during your child’s birth.
- Breach of Duty: The healthcare provider failed to meet the accepted standard of care, either by acting negligently or failing to act when necessary.
- Causation: The breach of duty directly caused your child’s Erb’s Palsy.
- Damages: Your child suffered physical, emotional, and financial damages as a result of the injury.
4. Compensation You Can Recover
If your claim is successful, you may be entitled to compensation to cover the following:
- Medical Expenses: This includes the costs of surgeries, therapy, rehabilitation, and any other medical treatment your child requires.
- Long-Term Care: If your child’s Erb’s Palsy results in permanent disability, you may be entitled to compensation for ongoing care and support.
- Pain and Suffering: Your family may be able to recover compensation for the emotional toll the injury has taken on both you and your child.
- Loss of Future Earnings: If the injury impacts your child’s ability to work in the future, you may be compensated for lost future income.
Why You Need a Birth Injury Lawyer
Filing a medical malpractice claim for Erb’s Palsy can be a complex and emotionally draining process. Working with an experienced birth injury lawyer can make a significant difference in the outcome of your case. Here’s why:
- Legal Knowledge: A lawyer who has experience in birth injury cases understands the medical and legal intricacies involved in proving malpractice. They will know how to gather evidence, consult with medical experts, and build a compelling case on your behalf.
- Maximizing Compensation: A skilled attorney will fight to ensure that you receive the maximum compensation possible to cover your child’s medical needs, therapy, and long-term care.
- Handling the Legal Process: Navigating the legal system can be overwhelming, especially while caring for an injured child. Your lawyer will handle all the paperwork, filings, and negotiations, allowing you to focus on your child’s well-being.
- Negotiating with Insurance Companies: Insurance companies often try to minimize payouts in medical malpractice cases. A medical malpractice lawyer will negotiate with the insurance company to ensure that you receive fair compensation for your child’s injury.
Seek Justice and Support for Your Child With the Help of The Law Offices of Andres, Berger & Tran: Your Trusted New Jersey Medical Malpractice Lawyers
Erb’s Palsy is a life-altering condition that can have long-term consequences for your child’s health and quality of life. If your baby developed Erb’s Palsy as a result of medical negligence during childbirth, you have the right to seek compensation and hold those responsible accountable.
By working with a skilled birth injury lawyer from the Law Offices of Andres, Berger & Tran, you can pursue justice and secure the financial support your child needs for treatment and care. Contact us today at 856-317-6558 or fill out our online contact form to schedule a free consultation and learn more about your legal options.
