Erb’s Palsy is a type of birth injury that results from damage to the brachial plexus nerves during delivery, often leading to weakness or paralysis in the child’s arm. This condition can be caused by various factors during childbirth, including excessive force, improper use of delivery instruments, or the baby’s position during delivery. When a child suffers from Erb’s Palsy due to medical negligence, parents may be entitled to file a birth injury claim against the responsible parties.
In this blog, we will explore the legal rights of parents whose children are diagnosed with Erb’s Palsy in Phoenix, AZ. We’ll also explain the role of an Erb’s Palsy attorney and medical malpractice lawyer in helping parents seek compensation for the harm caused by this birth injury.
What Is Erb’s Palsy?
Erb’s Palsy, also known as brachial plexus palsy, occurs when the nerves controlling the arm and hand are damaged during delivery. This can result in varying degrees of arm weakness or paralysis, depending on the severity of the injury. The brachial plexus is a network of nerves that runs from the spinal cord through the neck and into the arm. These nerves are responsible for the movement and sensation in the arms, hands, and fingers.
Erb’s Palsy typically occurs when there is excessive pulling on the baby’s head and neck during delivery, especially in cases of difficult or complicated labor. The following factors can contribute to the condition:
- Shoulder dystocia: When the baby’s shoulder gets stuck behind the mother’s pubic bone, causing excessive pulling to free the baby.
- Use of forceps or vacuum extraction: These tools, when used improperly, can cause excessive pressure on the baby’s neck or shoulders, leading to nerve damage.
- Large baby size: Babies who are larger than average (macrosomia) are more likely to experience shoulder dystocia during delivery.
If the injury occurs due to a healthcare provider’s negligence or failure to properly manage the delivery, parents may have grounds to file a birth injury claim.
Legal Rights of Parents Dealing with Erb’s Palsy
When Erb’s Palsy is caused by a medical professional’s negligence, parents have legal rights to seek compensation for their child’s injuries. This compensation can cover various aspects, including medical expenses, pain and suffering, and long-term care costs. Here’s how parents can approach the legal process:
1. Understanding Medical Malpractice and Negligence
In the case of Erb’s Palsy, medical malpractice occurs when healthcare providers fail to provide the appropriate standard of care during childbirth. For example, if the attending physician or medical team uses excessive force, improperly uses delivery instruments, or fails to recognize complications such as shoulder dystocia, they may be considered negligent.
If you believe that your child’s Erb’s Palsy was caused by medical errors or negligence, a medical malpractice lawyer can help determine whether you have grounds for a lawsuit. They will assess the situation, gather evidence, and determine if there was a breach in the standard of care that led to the injury.
2. Filing a Birth Injury Claim
When a child suffers a birth injury like Erb’s Palsy, parents have the right to pursue a birth injury claim against the responsible parties. This claim can help secure compensation for:
- Medical expenses: The cost of initial treatment, ongoing physical therapy, surgeries, and any necessary assistive devices to help the child regain movement and function.
- Pain and suffering: Compensation for the physical pain, emotional distress, and trauma experienced by both the child and the parents.
- Future medical needs: Children with Erb’s Palsy often require long-term care and therapy to address their condition. Compensation can help cover future medical expenses, including ongoing physical therapy, surgeries, and treatment.
An Erb’s Palsy attorney will help guide parents through the legal process of filing a claim, ensuring that they are compensated for the full extent of the harm caused by the medical errors during delivery.
3. Proving Negligence in a Birth Injury Lawsuit
To win a birth injury lawsuit, parents must prove that the healthcare provider’s negligence directly caused the Erb’s Palsy injury. This involves establishing that the doctor or medical staff failed to meet the expected standard of care during labor and delivery.
A medical malpractice lawyer will gather crucial evidence to support the case, including:
- Medical records: These documents will show the details of the delivery, the actions taken by the healthcare providers, and whether there were any deviations from standard protocols.
- Expert testimony: Medical experts in obstetrics or pediatrics can testify on the standard of care required during childbirth and how the healthcare provider’s actions led to the injury.
- Witness testimony: Nurses, other doctors, or family members who were present during the delivery can provide additional insights into what occurred.
By presenting this evidence, a birth injury lawyer can prove that the healthcare provider’s actions directly resulted in the child’s injury, making them liable for damages.
4. Statute of Limitations for Birth Injury Claims in Arizona
In Arizona, parents have a limited amount of time to file a birth injury claim. The statute of limitations for filing a medical malpractice lawsuit is generally two years from the date of the injury or when the injury was discovered. Therefore, it’s important to act quickly if you suspect your child’s Erb’s Palsy was caused by medical negligence.
Consulting with an Erb’s Palsy attorney early in the process ensures that you don’t miss any important deadlines and that you can take the necessary legal steps to pursue compensation.
How an Erb’s Palsy Attorney Can Help
An Erb’s Palsy attorney who specializes in birth injury cases can help parents navigate the legal complexities of medical malpractice lawsuits. They can:
- Investigate the case: Review medical records, consult with experts, and collect evidence to determine whether negligence occurred.
- File the lawsuit: Ensure that all paperwork is filed on time and that the case proceeds through the legal system.
- Negotiate a settlement: Work with the responsible parties or their insurance companies to negotiate a fair settlement that compensates the family for the child’s injuries.
- Represent in court: If a settlement cannot be reached, the attorney will represent the family in court to pursue justice for the child’s injury.
If your child has suffered from Erb’s Palsy due to medical negligence, contacting a trusted law firm like Snyder & Wenner, P.C. can help ensure that you are properly represented and that your family receives the compensation it deserves.
