Commonly associated with improper birthing techniques on the part of healthcare professionals, Erb’s palsy is an avoidable child-delivery injury with life-changing consequences. Parents of children afflicted with this injury are often saddled with the high costs of medical care, not to mention the emotional pain and suffering that this condition can produce, both in the child and his or her parents. Seeking a medical malpractice settlement may be the only recourse for parents in order to help them overcome the financial and emotional challenges they will face as a result of this injury.
What is Erb’s Palsy?
Erb’s palsy is also known as Erb-Duchenne palsy, and is a form of paralysis that results from trauma to or separation of certain nerves in the upper arm. These nerves form the Erb’s point, where cervical nerves join the nerve network of the arm. While the trauma leading to this injury can come from other sources, the predominant cause is during birth. In the overwhelming number of cases in the United States, improper use of birth-assisting equipment and techniques cause the injury. Children afflicted with Erb’s palsy may require extensive medical care to treat and correct the condition, including rehabilitation therapies and even surgery to repair the nerve damage.
During birth, Erb’s palsy injuries resulting from medical malpractice happen when:
- The baby is unusually large or is presenting for birth in the “breach” (feet-first) position.
- The delivery personnel improperly monitor and assess the baby’s size and orientation, then fail to schedule an interventional birthing method like C-sections to avoid trauma.
- The medical professional pulls too hard on the baby during the delivery process.
- Birth-assisting tools, such as forceps and vacuum extraction equipment, are used improperly or carelessly.
In simple terms, it is the responsibility of medical professionals to maintain established standards of care for their patients. In most Erb’s palsy cases, negligence or carelessness on the part of these medical professionals results in avoidable injuries.
Medical Malpractice Settlements for Erb’s Palsy Cases
Parents of children with Erb’s palsy may face significant financial hardships as a result of the injuries caused through medical malpractice. Filing a malpractice lawsuit may be the only option these parents have. An experienced personal injury attorney with the understanding and knowledge needed to protect parents’ rights is critical during the legal process. These attorneys work with medical specialists who treat children afflicted with Erb’s palsy and other birth injuries, giving them the knowledge needed to properly assess and defend these malpractice cases.
A medical malpractice lawsuit seeks to obtain financial compensation, either through a courtroom hearing/trial or a settlement outside of the courtroom. Settlements are designed to cover the financial costs associated with:
- Medical treatments, including corrective surgeries
- Physical therapies
- Emotional pain and suffering
- Lost wages resulting from parents’ duties as caregivers to the injured child
The financial expenses associated with Erb’s palsy may continue for years – even for the life of the child in severe cases. If you believe that your child has received a birth injury resulting from the negligence, neglect, or carelessness on the part of medical care providers, it is important to seek legal help immediately. Erb’s palsy is an avoidable injury, and the financial toll it takes on families is staggering. An experienced Erb’s palsy attorney can help you recover the financial compensation you and your family deserve.