Erb’s palsy can negatively affect the life of you or your baby. If you or your child suffers from Erb’s Palsy due to the negligence of a healthcare provider, you may be entitled to compensation for the injuries you incurred as a result.
The Catonsville Erb’s Palsy lawyers at Brown & Barron can advise of your legal rights and help you determine how to move forward with your claim.
What Is Erb’s Palsy?
Erb’s palsy, also known as brachial plexus palsy, is a condition that occurs when the nerves around the shoulder are damaged. Symptoms of Erb’s palsy include limpness and weakness in one or both arms, especially the upper arm. Infants who display Erb’s palsy symptoms after delivery often recover after a few weeks or months. However, in some cases, the damage may be extensive enough to require surgery, long-term medical assistance, or assistive devices.
Get in touch with a erb’s palsy lawyer serving Catonsville, 410-547-0202 for a free case evaluation.
Long-Term Health Consequences
When Erb’s palsy does not resolve naturally, children may require physical therapy to assist with their movement and coordination. Limited motion can prevent children from developing necessary motor skills that can help them later in life.
In the case of severe Erb’s palsy, children may require assistive devices such as a walker, cane, or wheelchair to move around. Long-term disability caused by Erb’s palsy can limit the child’s development to such an extent that they may have difficulty working or earning a living as they get older. At the same time, they may require expensive health care and equipment throughout their life.
Our birth injury attorneys are familiar with the effects of Erb’s palsy and can provide you with legal advice so you can make a well-informed decision about your next steps.
Causes of Erb’s Palsy
While the condition can occur in adults, Erb’s palsy is most often present in newborn children after a difficult birth. According to a study published in the Journal of Paedriatrics & Child Health, common risk factors and causes of Erb’s palsy include:
- Large newborn
- Maternal obesity
- Breech delivery
- Delivery difficulties after the head has exited the birth canal
The injuries that cause Erb’s palsy are often preventable and can be caused by the negligence or malpractice of the attending physician or other medical professionals. If your child has Erb’s palsy because of injuries they sustained during birth, you may be able to claim compensation for the difficulties you and your child experience as a result. The birth injury attorneys at Brown & Barron are familiar with the complications that can arise as a result of a medical practitioner’s negligence. We are here to help with your Erb’s palsy claim.
Who Is at Fault When a Child Has Erb’s Palsy?
During delivery, doctors are required to act in a way that ensures the health and safety of the mother and child. This duty of care includes acting quickly in the event of a birth complication and using medical equipment and procedures appropriately.
When a doctor is negligent in their duty of care, they can cause severe injury during the birthing process. Erb’s palsy injuries can occur when the doctor or other medical practitioner:
- Fails to use birthing tools and devices appropriately
- Fails to respond quickly and appropriately to complications
- Does not order a cesarean (C-section) delivery when needed
- Does not appropriately monitor the child for fetal distress
When any of the above actions cause injury to the infant, the doctor or attending medical professional may be held liable for those injuries. In addition, because hospitals and medical facilities have a duty to ensure that they have trained, knowledgeable, and licensed medical staff, they can also be held accountable for birth injuries.
Compensation You Can Seek in an Erb’s Palsy Claim
If you have a child with Erb’s palsy because of a doctor’s negligence, you have a right to fair compensation under the law. Damages you may be able to claim include:
- Pediatric care
- Physical therapy
- Lost income
- Medical costs
- Emotional anguish
- Pain and suffering
The damages you can claim depend on the specifics of your case. Consult with a Catonsville Erb’s palsy lawyer to find out which losses you can include in your claim.
Statute of Limitations
In the state of Maryland, you have a limited amount of time in which to file any sort of medical malpractice or personal injury claim. The time limit for an Erb’s palsy claim is somewhat complicated because the statute of limitations applies differently depending on whether you are filing on behalf of the mother or the child.
For a birth injury lawsuit filed on behalf of the mother, a lawsuit for medical malpractice can be filed within 5 years of the injury or 3 years of the injury’s discovery. If the injured child chooses to file a lawsuit, they can do so after they turn 18. MD Cts & Jud Pro Code § 5-201 allows 3 years from the date that the child turns 18.
Other conditions may apply, depending on the circumstances of the injury, so it is important to speak with an attorney as soon as possible after the injury occurs or is discovered.
How an Erb’s Palsy Lawyer Can Help With Your Case
If your child suffered long- or short-term Erb’s palsy due to a medical practitioner’s negligent actions, you should not have to suffer the emotional and financial fallout alone. Brown & Barron’s Erb’s palsy attorneys are here to help you navigate the legal process for your claim, so you can focus on your family’s health.
Our lawyers will review your case and compile evidence to establish the validity and value of your claim. We will submit a demand to the appropriate parties, including the attending physician, hospital, and insurance companies, in order to seek just compensation for your losses. Although most cases settle out of court, we will not hesitate to defend your right to fair compensation before a judge if we cannot reach an agreement with the at-fault parties.
Contact Brown & Barron LLC for Assistance With Your Erb’s Palsy Claim
We understand the emotional anguish you experience when you learn that your baby was injured during delivery, and that’s why our dedicated legal team will vigorously pursue justice and fair compensation for you and your child.
Contact the compassionate attorneys at Brown & Barron today to discuss your Erb’s palsy claim.
Contact Brown & Barron online today to schedule a free case review with a with a erb’s palsy lawyer serving Catonsville.