If your infant cannot move their arm or shoulder, they may be suffering from Erb’s palsy. According to the American Academy of Orthopedic Surgeons, this birth injury happens when a bundle of nerves in the brachial plexus that controls the arms gets injured during childbirth.
According to the Birth Injury Help Center, the condition corrects itself within nine months in most cases. However, in severe cases, surgeries may be necessary to rectify the damage, and the infant may still face long-term disabilities.
Contact Brown & Barron if your child was born with Erb’s palsy or sustained it shortly after delivery. A Rockville Erb’s palsy attorney from our team can review your case and help you determine whether the injury resulted from medical malpractice. If so, we can help you pursue financial compensation from those responsible for your infant’s suffering. While the compensation won’t undo the injury, it may help cover your child’s medical expenses and other losses.
Your Child’s Erb’s Palsy May Be Due to Medical Malpractice
While some cases of Erb’s palsy may occur naturally, the medical provider may also perform—or fail to perform—certain actions during childbirth that can result in this condition.
Some medical errors that can cause Erb’s palsy include:
- Shoulder dystocia: This birth injury occurs when the newborn’s head has emerged, but one or both shoulders get stuck behind the mother’s pelvis. The physician must be trained to maneuver the mother in different positions to aid the delivery without causing trauma to the baby.
- Breech birth: The newborn’s feet or buttocks emerge first in breech delivery. This increases the risk of the baby’s shoulders and head getting stuck in the mother’s pelvis. If the baby is large, the physician should be able to detect the breech position through ultrasounds in advance and schedule a C-section to prevent placing unnecessary stress on the baby through vaginal delivery.
- Misusing extraction tools: Certain delivery complications can make the doctor need to use forceps and vacuums. Since these instruments are applied to the baby’s neck, head, and shoulders, using them improperly can injure the brachial nerves.
- Excessive pressure: The doctor may pull the baby’s arm with too much force to rush the delivery, resulting in nerve damage in the neck, shoulders, and arms.
If a medical professional failed to provide a standard of care expected from all health care providers and that negligence led to your child’s Erb’s palsy, we may be able to help you hold the responsible parties accountable for their actions.
Get in touch with a erb's palsy lawyer serving Rockville, 410-547-0202 for a free case evaluation.
A Rockville Erb’s Palsy Lawyer Can Seek Compensable Damages for Your Child
The value of your Erb’s palsy claim will vary based on several factors, such as the number of liable parties, the injury’s severity, whether the disability will be permanent, and if you can prove that the doctor or other caregiver’s actions or inactions contributed to your child’s diagnosis.
You and your child may obtain compensation for damages, such as:
- Cost of medical care
- Cost of corrective surgeries
- Cost of physical therapy or any other therapy needed to treat the child’s disability
- Loss of future income
- Medical equipment
- Home or vehicle modifications
- Counseling sessions
- At-home caregiver
- Pain and suffering
The legal team at our Rockville Erb’s palsy law firm can identify your child’s damages and assign an accurate value to each. This way, you can rest assured that the compensation will comfortably cover any past and future damages that will emanate from Erb’s palsy.
How an Erb’s Palsy Lawyer in Rockville Can Help You File a Strong Claim
To receive fair compensation, you must be able to exhibit that the doctor or another negligent party caused or contributed to your child’s condition.
You will have to identify when and how the injury occurred before filing a claim. Your Rockville Erb’s palsy attorney can assist you in this stage by conducting an in-depth investigation where we will work to uncover:
- How the injury occurred
- The cause of the injury
- Who was responsible for the injury (in most cases, this will be the treating doctor)
Furthermore, we will gather evidence that proves:
- The treating physician owed a legal duty to provide a high standard of care and treatment to the child.
- The treating physician deviated from adhering to the accepted standard of care.
- The breach of duty resulted in your child sustaining an Erb’s palsy injury.
- The Erb’s palsy diagnosis resulted in damages for which you seek compensation.
Brown & Barron can handle your birth injury claim or lawsuit from start to finish through the following services:
- We will investigate your case to uncover facts and evidence.
- We will assign a value to your case that matches the full range of past and future damages your child has suffered and will suffer.
- We will handle all correspondence on your behalf with the defendant, their legal team, and any other parties involved.
- We will aggressively negotiate with the defendant’s malpractice insurance provider for fair compensation.
- If necessary, we will handle the paperwork involved in filing a medical malpractice lawsuit and submit the forms and supporting documents within the required timeframe.
- We will take your case to court to win the best possible outcome if a favorable out-of-court settlement is not possible.
- We will keep you up to date with the progress of your case at every step.
Birth injuries can steal a child’s chance to thrive in life. The consequences can also be devastating for their parents. Our team is fully dedicated to bringing justice to birth injury victims and holding negligent healthcare providers accountable for their reckless actions.
Contact Our Law Firm to Explore Your Best Legal Options for Erb’s Palsy Compensation
Maryland’s medical malpractice statute of limitations (Maryland Courts & Judicial Proceedings Code § 5-109) allows five years from the date the birth injury occurs or three years from the date the injury is discovered, whichever is earlier, to file a medical malpractice lawsuit.
However, the timeline is different for those injured while under age 18. In this case, the child can pursue compensation until age 21.
That said, we recommend initiating a claim as soon as possible, so your attorney has enough time to build a strong, evidence-backed case. You may also get access to financial compensation sooner to pay your child’s medical, rehabilitation, and other bills emanating from the birth injury.
Contact our legal team today to schedule a free case evaluation. During the consultation, we will review your case to verify you have lawful grounds to sue for medical negligence and inform you of your legal options and next best steps.
Contact Brown & Barron online today to schedule a free case review with a with a erb's palsy lawyer serving Rockville.