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If you, or someone you love, have been diagnosed with Erbs Palsy, you may be able to file a legal claim against the party(s) responsible due to medical malpractice and collect significant financial compensation.
Children are born with birth complications every day. But it's possible that some of those birth complications, like Erb's Palsy (Brachial Plexus and Shoulder Dystocia), could have been prevented. Sometimes Erb's Palsy is due to an accident in the labor and delivery of a child. You deserve to know if your child's disability is due to negligent care and you should investigate its cause and to know the options you have. You have the right to seek legal assistance to help defray medical bills, therapy costs and help prevent the same error from happening again to other children.
Erbs Palsy occurs in about 1 or 2 babies in 1,000 at birth. The symptoms of Erbs Palsy injury include a limp or paralyzed arm and/or lack of muscle control in the arm or hand. Many doctors believe Erb's Palsy should never occur. It is for that reason you should consult with an attorney if you have a child diagnosed with Erbs Palsy.
Erbs Palsy (also called Brachial Plexus palsy, Erb-Duchenne Palsy, Torticollis and Shoulder Dystocia) is a condition that results from damage to the brachial plexus nerves. These are a series of nerves that travel from the spinal cord into the arm. The birth injury occurs when the delivering physician exerts excessive force on the baby's head and neck during a vaginal birth. Although an Erbs Palsy injury can occur at any time, most injuries happen during birth. The resulting damage leaves the child with little or no movement in the arm, hand or fingers. Additionally, strength and size of the arm may be affected. This can have devastating consequences throughout the child's life. Many babies with Erbs Palsy injuries are larger than average at birth. However, newborns of all sizes, including premature babies, can have these injuries.
Erbs Palsy medical negligence cases usually involve one or more of the following issues:
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Failure to estimate the baby's weight before delivery
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Failure to perform a cesarean section
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Failure to diagnose and treat gestational diabetes
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Failure to inform parents of the risks inherent in vaginally delivering a large infant.
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Failure to perform appropriate delivery techniques to manage shoulder dystocia
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Applying unnecessary and excessive force during the delivery
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Applying inappropriate delivery techniques to manage shoulder dystocia
Related Injury at Birth include:
Klumpkes Palsy. This is an injury to the lower plexus nerve. The injury causes paralysis in the hand and wrist and often occusr with Horner's syndrome.
Horners Syndrome. This refers to damage to the nervous system controlling the eye. The injury usually occurs on the side of the head. Horners Syndrome can result in constricted pupils, retraction of the eyeball into the head and drooping of the eyelid.
There are 4 types of Brachial Plexus Injuries:
1) Stretch injuries vary depending on the amount of stretching. The nerves will often be compressed from swelling and bruising from the should being caught. Stretch injuries are the least sever and will usually recover within 1 to 2 years with nearly complete function.
2) Neuroma injuries involve scar tissue compressing the nerves and may require surgery to restore function.
3) Rupture injuries involve the nerve being torn at several locations and require surgery and therapy to restore normal function.
4) Avulsion injuries are when the nerves are pulled from the spinal cord. This is the most severe type of Brachial Plexus injury and requires extensive surgery including a possible muscle transfer to restore function.
Often the diagnosis is more complicated than one of the four groups above. Because different injury types may cause the same symptoms, it is difficult to know what kind of injury has occured. In addition, sometimes many nerves in the Brachial Plexus may be injured and the nerves may have different types of injuries.
Most Brachial Plexus injuries are usually mild and most will recover in 3 to 4 months. The more severe injuries may take 18 to 24 months to recover. During this recovery time physical therapy may be necessary. Gentle range of motion exercises and electrical stimulation of muscles need to be performed regularly to keep the joints of the arm supple and prevent atrophy.
What are your legal rights?
The process of childbirth is extremely complicated and requires a high level of care on the part of doctors. Childbirth is extremely unpredictable, in fact, 80% of childbirths have some form of complication. All of these potential complications mean that doctors must make sudden split-second decisions to react to problems during childbirth. If a doctor or nurse makes the wrong decision under pressure and that error causes Erb's Palsy (Brachial Plexus), your child may be entitled to financial compensation.
This is not to say that all Erb's Palsy cases are the result of negligence. Often there is little or nothing a doctor can do. Nevertheless, parents should consider the possibility that a doctor may not have done all that is possible to prevent Erb's Palsy and at least request some form of inquiry.
To find out if your child is entitled to financial compensation, you can submit a free inquiry. There is no cost or obligation.
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