Erb’s palsy occurs when an injury happens to the nerve roots C5 and C6. Nerve root C7 is also damaged in around 50% of instances.
Erb's palsy often, but not always, resolves within the first year of life, although expensive medical treatments, including therapies and surgeries, may be necessary. Unfortunately, in as many as 20% of cases, the damage can be ongoing and even lifelong.
If your child suffers from Erb's palsy as a result of medical negligence, you have the right to pursue a damage claim. By doing so, you can hopefully get compensation for your child's medical costs, as well as for other economic and non-financial losses, including pain and suffering and diminished quality of life.
The Birmingham medical malpractice lawyers at Singleton Schreiber are here to help if you are pursuing a legal claim. We have recovered millions of dollars in damages and we can put our knowledge of birth injury claims to work to help you fight for justice.
We'll be there to keep you informed at every step of your case, and we'll bring our considerable legal experience to the table to help you resolve your claim in or out of court. To find out more about how our Birmingham Erb's palsy lawyers can help you, give us a call or contact us online.
Causes of Erb's Palsy
According to the Cleveland Clinic, newborns may develop Erb's palsy as a result of a difficult childbirth or a cesarean section that goes wrong. If a doctor moves your child's head in the wrong way to help ensure the shoulders can be delivered, this can result in stretching or damage.
Erb's palsy that happens at birth is also called:
- Brachial plexus birth palsy
- Obstetric brachial plexus palsy
- Brachial plexus birth injury
Unfortunately, as many as 2.6 out of every 1,000 live births result in a child developing Erb's palsy.
Types of Brachial Plexus Injuries
There are four types of injuries to the brachial plexus that can occur, each of which can cause varying levels of damage and impairment. These include:
- Avulsion: If the nerves pull away from the spine, avulsion occurs. This injury is considered to be the most serious type that causes the most lasting damage.
- Rupture: This occurs when the nerve is torn but is not torn from the spine.
- Neuroma: This problem develops when a torn nerve heals but leaves scar tissue behind. The scar tissue puts pressure on the nerve that is injured, preventing it from properly transmitting signals to the muscles.
- Neurapraxia, which occurs when the nerve is stretched but is not treated. This is the most common type of brachial plexus injury and is the injury that children are most likely to recover from over time.
Any or all of these types of brachial plexus injury could affect a newborn child who suffers damage during the birthing process.
How Does Erb's Palsy Affect You?
Erb's palsy can have a serious and sometimes devastating effect on an impacted child. Some of the potential symptoms include:
- Arm, elbow, or shoulder paralysis or limpness.
- Numbness and tingling in the arm.
- Numbness and tingling in the hand.
- A waiter's tip position, which means that the fingers curl and the hand points back.
These signs and symptoms can sometimes resolve if the nerve heals, either on its own or with surgery. Unfortunately, they can also sometimes be permanent, especially if an avulsion or neuroma occurs and prevents proper communication between the nerve and the muscle.
Pursuing Compensation For Erb's Palsy
In many cases, injuries to the brachial plexus of a newborn occur as a direct result of medical negligence on the part of care providers. This can include when doctors, midwives, OB-GYNs, or others caring for a pregnant woman:
- Fail to notice signs that could lead to complications, such as an overly large baby
- Improperly use tools such as forceps or vacuum extractors
- Fail to exercise reasonable care when delivering a baby vaginally or via cesarean section
In situations where a provider's acts or omissions fall below the accepted standard of care that a similarly trained professional would offer under the same circumstances, then the provider can be held liable for resulting losses. The negligent caregiver's employer may also be liable under vicarious liability laws, which make hospitals and other healthcare facilities responsible for the actions of negligent staff members.
Doctors and hospitals, or other clinics and care facilities, have malpractice insurance available in these circumstances. While malpractice insurers generally like to pay as little as possible to those harmed by a birth injury, an experienced attorney can help you identify defendants, negotiate a settlement, or pursue legal action in court to get the money you deserve.
How To Find A Birmingham Erb's Palsy Attorney
If your child is impacted by Erb's palsy, you need to find a lawyer with the necessary skills and experience to help you to take appropriate legal action in these difficult situations. You need a lawyer who:
- Has malpractice experience and has represented clients in Erb's palsy cases before. You want your attorney to understand the technical details of your case and have expert witnesses ready to testify as to the cause of your child's injuries. Singleton Schreiber has helped many families impacted by Erb's past and other birth injuries, and we understand the ins and outs of these claims.
- Has a history of successful verdicts and settlements. Pay attention to whether your lawyer has helped clients to settle outside of court and win in a trial. Our legal team is made up of strong negotiators and skilled litigators, so we've recovered millions both in and out of court. The facts of your own case determine your outcome, but it's still important to have an attorney who has shown they can win cases on their client's behalf.
- Offers compassionate representation. Our firm is truly here for you throughout your claim, working to advance your case, maximize the opportunity to settle, and keep you informed. You'll have access to your lawyer for questions, and we will demonstrate that we truly care about your claim.
Contact A Birmingham Erb's Palsy Attorney Today
If your child has Erb's palsy because of a medical error, you should take action ASAP to ensure you have the funds to provide for the best care possible.
Give the Birmingham injury attorneys at Singleton Schreiber a call today to schedule your free consultation and learn what our team can do for you.
