Legal Information Regarding Erb’s Palsy
Erb’s Palsy occurs at birth due to complications of pregnancy and delivery that may lead to weakness and paralysis of the infant’s arm. In most cases, the birth injuries result in Erb’s Palsy or Brachial Plexus Palsy. If your child suffers from symptoms of Erb’s Palsy due to negligence of the medical providers, they should be held accountable with a medical malpractice lawsuit.
During delivery, sometimes a baby’s shoulder cannot pass under the mother’s pubic bone requiring manual intervention to deliver the baby quickly and avoid a difficult delivery. The force exerted to pull the baby may result in stretching the shoulder and stretching the nerves in the area. Doctors may use different approaches to release the baby’s shoulder, but very often has to maneuver the baby’s shoulder to pull the baby. When necessary precautions are not taken to avoid an Erb’s Palsy injury, there might be a medical malpractice case for your family.
Some of the factors that result in a medical malpractice lawsuit:
• Using inappropriate techniques to prevent the shoulder getting stuck under the pubic bone
• Using excessive force to pull out the baby during delivery
• Not reacting in a timely manner and dealing with delivery complications
• Not estimating the baby’s weight before birth and planning for a cesarean delivery
Children affected with Erb’s Palsy may suffer from limited or long-term functionality to their arm requiring extended rehabilitation and surgical intervention to deal with painful symptoms. In some cases, full use of the arm may never return to normal.
If you have a case for filing a lawsuit against the doctor and/or hospital where your child was born, you must be aware that it is classified under the category of medical malpractice lawsuit. The health care provider or hospital should be held legally and financially responsible for causing this serious and preventable condition, which may result in long-term disability. You must not be subjected to emotional trauma and suffer financially due to medical negligence. Timing of investigating the Erb’s Palsy injury is important because different states in the country have different guidelines, which must be strictly adhered to in a medical malpractice lawsuit.
There are specialized tort lawyers and birth injury lawyers for handling such cases. In most cases, an Erb’s Palsy law firm will provide you with a free consultation to decide whether you have a case or not. Some medical tests may be necessary to make this decision.
If you think you or your child has been the victim of medical malpractice causing Erb’s Palsy, you must get legal information from specialized malpractice lawyers.