The moments leading up to and directly after childbirth are crucial. Doctors are obligated to ensure that the baby transfers safely into the outside world. Errors can occur during this process, though. If they do, your child could suffer from a permanent condition, like Erb’s palsy.
If your child suffers from Erb’s palsy, and you believe a mistake occurred during childbirth, contact a Germantown Erb’s palsy attorney from Brown & Barron for help.
What is Erb’s Palsy?
Erb’s palsy is caused by damage to a baby’s brachial plexus. This bundle of nerves serves the shoulder and arm area. When a brachial plexus is damaged, a baby can experience weakness and an inability to move the injured arm. As a result, infants with Erb’s palsy often have one arm that hangs limp.
Erb’s Palsy Causes
Childbirth is a complicated process. Babies often become lodged in the birth canal and must be removed through medical intervention.
There are a few scenarios that can lead to Erb’s palsy:
- Incorrect breech birth: A breech birth is when a baby’s legs are angled to come out of the vagina first. Sometimes, a baby will get stuck during a breech birth and need to be pulled out by the doctor. If the doctor is not gentle enough, the baby’s brachial plexus can get damaged.
- Improper forceps usage: Forceps are a useful and potentially life-saving tool. However, if used incorrectly, they can be dangerous. For example, improper forceps usage can cause Erb’s palsy.
- Incorrect baby angling: It can become tangled as the baby leaves the birth canal. A skilled physician can usually account for this problem. However, if they are negligent or lack the required training, their errors could lead to a damaged brachial plexus.
To prevent Erb’s palsy, medical practitioners must be aware of its risk factors. These include:
- An exceptionally large baby
- A prolonged birthing process
- A mother with gestational diabetes
- The use of delivery tools, like forceps or a vacuum
- A mother with narrow hips or a small pubic bone
Does Erb’s Duchenne Palsy Heal on its Own?
Majority of Erb’s palsy cases will heal without medical intervention. However, a minority of cases will require physical therapy and surgery to recover fully.
Among this minority, some children will not fully recover, even with medical intervention. These children are left with atrophied muscles around the injured shoulder. As a result, they may be unable to lift the injured arm on their own. Symptoms of untreated or severe Erb’s palsy include:
- Reduced or lost feeling in one arm
- Generalized numbness in one arm
- Limited range of motion in one arm
Get in touch with a erb's palsy lawyer serving Germantown, 410-547-0202 for a free case evaluation.
How Much is an Erb’s Palsy Case Worth?
Medical malpractice cases, like any legal case, are all about context. The context in a case can involve a range of factors.
A few questions that a Germantown Erb’s palsy lawyer might ask is:
- To what degree was the doctor responsible for the injuries your child suffered?
- How severe are your child’s injuries?
- What are your medical costs?
The answers to these questions are rarely identical from case to case. This makes it difficult to estimate the value of a case without a review. Most Erb’s palsy cases will involve these damages:
- Pain and suffering your child experienced
- Medical expenses
- A parent’s lost wages while they cared for the child
- Costs associated with physical therapy
These damages are broken into two categories, economic and non-economic.
Economic damages entail direct financial losses. There is no limit on the amount you can receive for these damages.
Non-economic damages are a little less straightforward. These damages include pain and suffering that your child experienced because of their injuries. As of 2022, the Maryland cap on these damages in a malpractice case is $860,000.
An attorney can help you make sense of these limits. They can analyze your case and help you understand what a fair settlement could look like.
The Benefits of Hiring an Erb’s Palsy Lawyer
Erb’s palsy cases hinge on evidence. To receive a settlement, you must demonstrate that your doctor behaved negligently. This process can be complicated and involve sifting through medical records and case reports.
You do not need to compile evidence on your own, though. Instead, an attorney assigned to your case can use the following methods to build your argument:
- Demonstrate that your medical provider owed you and your child a duty of care.
- Demonstrate that your medical provider neglected to meet this duty of care.
- Demonstrate that your child was injured in the birthing process.
- Link your medical provider’s failure to the injuries that your child experienced.
Evidence from these claims can come from a range of sources. They may include:
- Medical reports
- Medical imaging, like MRIs or X-Rays
- Expert testimonies from medical professionals
- Eyewitness statements
Who is Brown & Barron?
Our firm focuses on medical malpractice cases. We strive to represent vulnerable clients from our community. Our services allow our clients to stand up to large hospitals and their corporate insurance providers.
We will provide you with comprehensive legal aid if you join us as a client. Then, if needed, we will build your case, gather evidence, and fight in court.
- “They have great customer service, nice people who are very respectful, and they get things done in a timely manner. Communication is awesome. They are always so helpful. Really great place! They treat you like family.” – Keyonia W.
- “Brian and Leah answered all my questions, and the staff was always available and courteous. They did a great job with my case, and I would recommend them to anyone who asked.” – Brittney M.
Your Time to File an Erb’s Palsy Lawsuit is Limited in Maryland
In Maryland, Erb’s Palsy claims and lawsuits have a deadline. Per Md. Cts. & Jud. Proc. § 5-109, you have the earlier of five years from the incident date or three years from discovering the injury to file your claim.
The context of your case can impact these deadlines. But, do not let a deadline prevent you from securing the compensation you deserve. Our Erb’s palsy attorneys can get your case started on time.
Contact a Germantown Erb’s Palsy Lawyer from Our Law Firm Today
If your family is suffering from a recent Erb’s palsy diagnosis, we can help. Our services help those faced with a medical malpractice incident.
Our Germantown Erb’s palsy attorneys are determined to prove negligence and help you fight for fair compensation. So contact our office to get started today.
Contact Brown & Barron online today to schedule a free case review with a with a erb's palsy lawyer serving Germantown.