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Erb’s Palsy: Legal Options for Families Affected by Birth Injuries

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Erb's Palsy Birth Injury

Erb’s Palsy is a birth injury caused by damage to the brachial plexus, a group of nerves that control arm and hand movements. This injury occurs when the baby’s neck and shoulder are stretched during delivery, often due to complications such as shoulder dystocia. While it’s sometimes unavoidable, Erb’s Palsy is often preventable with proper care during labor and delivery. If your child has been diagnosed with Erb’s Palsy due to medical negligence, the personal injury attorneys at Buckeye Law Group can help you explore your legal options.

What Causes Erb’s Palsy?

Erb’s Palsy typically occurs when the baby’s shoulder becomes lodged behind the mother’s pubic bone during delivery. If the doctor or healthcare provider pulls too forcefully or improperly to free the baby’s shoulder, it can stretch or tear the nerves in the brachial plexus. Other common causes include:

  1. Shoulder Dystocia: When the baby’s shoulder gets stuck behind the mother’s pelvic bone, excessive force used to remove the baby can cause nerve damage.
  2. Excessive Force During Delivery: Forceps or vacuum extractors may be used during a difficult delivery, but if they are used improperly, they can injure the baby.
  3. Large Birth Weight: Babies who are larger than average (macrosomia) are at a higher risk of experiencing shoulder dystocia during birth.
  4. Prolonged Labor: Long labors, particularly if there are complications, can put stress on the baby’s body and lead to nerve injuries.

Signs and Symptoms of Erb’s Palsy:

  • Arm Weakness or Paralysis: The most common symptom is weakness or paralysis in one arm, often making it difficult for the baby to move their hand or shoulder.
  • Loss of Sensation: Some babies may experience a lack of feeling in their affected arm or hand.
  • Muscle Atrophy: Over time, the muscles in the affected arm may appear smaller or more underdeveloped than those in the unaffected arm.
  • Limited Range of Motion: Babies with Erb’s Palsy often have difficulty fully extending their arm or moving it in certain directions.

Legal Options for Families Affected by Erb’s Palsy:

If your child’s Erb’s Palsy was caused by medical malpractice, you may be entitled to compensation for:

  1. Medical Expenses: Treatment for Erb’s Palsy can be costly, including surgeries, physical therapy, and ongoing medical care.
  2. Pain and Suffering: The emotional and physical toll on both the child and their family can be significant.
  3. Loss of Future Earnings: If the child’s injury affects their ability to live an independent life or pursue a career, you may be entitled to compensation for lost future wages.
  4. Rehabilitation and Therapy: Long-term therapy and rehabilitation are often required to help the child regain as much function as possible.

How Buckeye Law Group Can Help:

  • Case Investigation and Medical Experts: We’ll work with medical professionals to determine if the injury could have been avoided and whether the healthcare providers were negligent.
  • File Birth Injury Claims: We’ll help you file a medical malpractice claim against the responsible parties.
  • Aggressive Legal Representation: Our attorneys will fight for the full compensation your child deserves, including medical costs, pain and suffering, and more.

Conclusion:

If your child has been diagnosed with Erb’s Palsy due to medical negligence, it’s crucial to understand your legal options. At Buckeye Law Group, we’re here to help you hold the responsible parties accountable and seek justice for your child’s future. Contact us today to schedule a free consultation and discuss your case.

Call 800-411-PAIN or complete our contact form for a free, no-obligation case consultation today. 

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