Erb’s palsy is a type of birth injury sometimes caused by the negligence or malpractice of attending medical staff during a baby’s delivery. While medical errors are not necessarily intentional, this fact makes their consequences no less devastating.  An Erb’s palsy lawyer helps parents whose lives have been altered by preventable birth injuries. Depending on the circumstances surrounding the child’s delivery, families may be able to obtain compensation for treatment costs and other losses.

What Causes Erb’s Palsy?

Erb’s palsy is a type of brachial plexus injury. The brachial plexus is a network of nerves that affect the shoulders, arms and hands. Damage to this group of nerves during birth can cause Erb’s palsy, and the type of nerve damage determines the severity of the condition.

There are a number of factors that may increase the risk of a brachial plexus injury during delivery, including:

• The size of the baby – larger babies are at a greater risk of Erb’s palsy, particularly if the mother’s pelvis is small
• The baby is in breech position
• The birthing process is especially difficult or traumatic
• Use of excessive force or devices like forceps during delivery
   

In some cases, the injuries a baby sustains are unavoidable; in others, the injuries could have been prevented with proper or adequate medical care. If you suspect that your child’s Erb’s palsy could have been prevented, you may wish to have your case evaluated by an Erb’s palsy lawyer.

How an Erb’s Palsy Lawyer Can Help

• Evaluate your case: During a free case evaluation, an Erb’s palsy lawyer will talk to you about the circumstances of your child’s birth and determine whether medical negligence played a role in your child’s condition.
• Prove your case: Proving medical negligence or malpractice is an extremely involved and complex process that requires significant medical, legal and financial resources. A lawyer experienced in Erb’s palsy cases will marshal these resources on your behalf to prove your case beyond a reasonable doubt. 
• Negotiate a settlement: An Erb’s palsy lawyer can try to negotiate a settlement with defendants prior to a trial. However, if the case goes to court, your lawyer can present your case and defend your legal rights.

Ensure Your Rights Are Protected

Though there are instances in which Erb’s palsy injuries heal without medical treatment, more severe injuries generally require extensive treatment such as surgery. Treating Erb’s palsy can be costly, especially when the injuries are not easily treated. When injuries are preventable, those who are responsible may be held accountable for the associated treatment costs.

In fact, responsible parties may also be held accountable for other damages, including non-monetary damages such as:

• Mental anguish
• Permanent disability
• Pain and suffering
   

If you think medical malpractice or negligence is to blame for the brachial plexus injuries your child suffered during birth, ensure your rights are protected by contacting an Erb’s palsy lawyer today.

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See Also:

Cerebral Palsy Law Blog