Erb’s palsy occurs as a result of complications related to shoulder dystocia during delivery. When an infant’s shoulder or shoulders get stuck behind the mother’s pelvis during delivery, it can result in significant complications, including the risk of developing Erb’s palsy.
Erb’s palsy may include symptoms like paralysis of the arm, numbness or tingling in the affected arm, or changed hand position related to poor feeling and movement in the affected arm.
For most infants, Erb’s palsy will resolve on its own within one to three months following delivery. However, in some cases, symptoms may linger. Some infants may require surgery or therapy to regain normal use of the arm following damage caused during the delivery process. If you are in such case it's important to consult with a chicago medical malpractice lawyer.
When Can You File an Erb's Palsy Claim?
Erb’s palsy usually occurs as a result of shoulder dystocia. Frequently, it results from the mismanagement of shoulder dystocia during the delivery process.
- Despite recognizing the presence of shoulder dystocia, a doctor may fail to utilize positioning, maneuvers, and techniques designed to reduce the risk of Erb’s palsy and other substantial injuries.
- A doctor may fail to observe potential warning signs that the mother may struggle with during delivery. For example, a mother with a small pelvis or a mother delivering a large infant may have a greater likelihood of shoulder dystocia.
- A doctor may fail to deliver appropriate treatment for Erb’s palsy after observing the telltale symptoms, increasing the risk that the infant will have long-term challenges related to delivery.
When a doctor’s negligence leads to Erb’s palsy or complications related to Erb’s palsy, the family may have the right to file a claim.
What Compensation Can You Pursue for Erb's Palsy?
When an infant suffers from Erb’s palsy due to a doctor’s negligence, the family may have the right to file a medical malpractice claim that will provide compensation for the damages associated with the incident.
Erb’s palsy can involve significant treatments. Infants may require surgery to restore normal feeling and movement in the affected limb. Furthermore, infants may need to go through daily physical therapy to help improve movement and outcomes. Parents must often take a very active role in treating Erb’s palsy. Usually, infants will require ongoing monitoring by their physicians.
Patients may also receive:
- Injections designed to treat contractions in the muscles
All those treatments can mean substantial medical costs. As part of an Erb’s palsy claim, the family may have the right to claim compensation for those increased medical bills.
Additional Care Costs
In some cases, a child with Erb’s palsy may require more care than a child without those limitations. Parents may need a special caregiver or in-home medical care to ensure the child receives the proper treatment.
Furthermore, some daycares may refuse to take a child with special medical needs, so the family may need to pay more for a daycare that will admit the child or may need to use a nanny or other individual care provider. The family may have the right to claim compensation for those additional care costs.
Pain and Suffering
Erb’s palsy can cause considerable suffering and distress for both the child and the parents. As part of an Erb’s palsy claim, the family may have the right to claim compensation for those non-financial damages and the suffering that often goes along with those losses.
How a Lawyer Can Help With Your Erb's palsy Claim
If your child suffered Erb’s palsy due to shoulder dystocia during delivery, working with an experienced medical malpractice lawyer can make it easier for your family to get the compensation you may deserve.
Learn About Your Rights
Many families do not realize their full right to compensation following Erb’s palsy diagnosis. Doctors may even brush Erb’s palsy off as “something that sometimes happens,” even though the family feels they suffered medical negligent care during the delivery process. By working with a lawyer, you can learn more about your rights, including whether you have the right to compensation for the losses your family suffered.
If you have experienced birth injuries and medical negligence during childbirth, You will often need to collect evidence that helps establish that your care provider negligently handled your care during childbirth. A woman who felt pressured to stay in a position that raised the risk of shoulder dystocia or who did not receive help turning or moving the baby or even a C-section based on the complications present during delivery may have the right to file a claim.
A lawyer can help look over your medical records, take a statement from a nurse or anyone else present during delivery, or take a statement from you or your spouse to get a better idea of what actually happened during delivery and how the doctor behaved negligently in your care.
Connect with Medical Experts
To file a medical malpractice claim, you may need to have a statement from a medical expert that notes that your care provider behaved negligently during the baby’s delivery. In many cases, finding a medical expert who will testify regarding malpractice can prove challenging. Many medical malpractice lawyers, however, already have that team of medical experts in place.
Fight for Compensation
Medical malpractice claims often turn very complicated very quickly. Even though you may know that your doctor behaved negligently during the child’s delivery, you may have difficulty proving it to the medical malpractice insurance company or establishing it before a medical board. By working with a lawyer, you can get more help fighting for the compensation you deserve, which will often help improve the outcome of your claim.
If your child suffered Erb’s palsy due to the negligent behavior of a doctor during the delivery process, including failure to provide the high standard of care needed during the delivery, you might have the right to compensation.