Birth injuries are one of the most common types of medical malpractice, occurring when doctors, nurses, and other hospital staff fail to provide quality care. Erb’s palsy is a medical condition that arises from a birth injury that can require extensive medical treatment. If left untreated, your child may face a permanent disability. If you suspect that your child is suffering from Erb’s palsy, the best thing to do is contact a Raleigh Erb’s palsy lawyer as soon as possible. They can review your case and explain your options.
What Is Erb’s Palsy?
Erb’s palsy is a weakness or paralysis in the arm, shoulder, or neck muscles of the child. It is an injury to the group of nerves known as the brachial plexus. Traction or pulling on the neck of the child during the birthing process causes tearing or stretching of these nerves, resulting in a loss of mobility or sensation of the arm. If you had a difficult delivery and your baby’s arm or shoulder does not seem to move like it should, contact a Raleigh Erb’s palsy lawyer to discuss your case.
Symptoms of Erb’s Palsy
Erb’s palsy is common in newborns. As a result, it can be a difficult condition to diagnose. Your baby cannot communicate that they are experiencing numbness or tingling in the affected arm. Similarly, the baby’s lack of motor control makes it hard to know if they have limited mobility.
Parents must, therefore, look carefully for potential symptoms of Erb’s palsy. Trust your instincts and seek medical advice if your baby appears to exhibit partial or complete paralysis or limpness of the shoulder, arm, or elbow. Babies who suffer from Erb’s palsy often display the “waiter’s tip” position, where the palm of the hand faces upward with the fingers curled. Another symptom is when your baby is unable to raise their arm above their head when reaching for objects.
Erb’s Palsy Can Range in Severity
Some forms of Erb’s palsy will be resolved on their own, while others may require surgery. The severity of the injury generally presents itself in one of four ways:
- Neuropraxia: the nerve is stretched but not torn. This is the least serious type of Erb’s palsy and typically heals on its own within four months.
- Neuroma: the nerve was stretched and has healed, but it has left scar tissue that puts pressure on the healthy nerve tissue, thus disrupting its function. Total recovery is unlikely.
- Rupture: the nerve itself is torn. This injury will not heal on its own and may require a nerve graft where a healthy nerve is spliced to the damaged nerve.
- Avulsion: the nerve is torn away from the spine. This is the most serious type of Erb’s palsy and cannot be treated by a nerve graft. It may be possible to restore some function to the arm by replacing the detached nerve with a nerve from another muscle in the body.
Proper diagnosis of your child’s injury is critical to getting the treatment they need. If you suspect your child has Erb’s palsy, you should schedule a medical examination as soon as possible. If diagnosed, you should then consider contacting a Raleigh Erb’s palsy lawyer.
How Erb’s Palsy Is Diagnosed
While initial detection requires the parent’s observation, the next step is to have your child examined by a doctor. From there, medical testing will likely be required to formally diagnose Erb’s palsy. There are two types of diagnostic tests that can be performed:
- Imaging tests such as MRIs, CT scans, ultrasounds, and myelograms. Your doctor may order an x-ray in order to rule out the possibility of broken bones.
- EMG or electromyography tests that can evaluate nerve and muscle response.
These tests can be used to determine whether your child is suffering from Erb’s palsy with relative certainty. This is important if you need to pursue a claim later. The testing results will be important evidence supporting your claim for compensation. A Raleigh Erb’s palsy lawyer will know how to use your test results to hold your doctor accountable for your baby’s injury.
The Connection Between Erb’s Palsy and Medical Malpractice?
During the birthing process, the doctor or nurse may need to move the baby’s head to one side in order to get the baby’s shoulders out of the birth canal. Erb’s palsy is typically caused by excess pressure or force on the head and neck of the baby that results in stretching or tearing of the brachial plexus nerves. While using force may be unavoidable in some deliveries, you may have a medical malpractice claim if the doctor, nurse, or hospital failed in any of the following ways:
- They failed to diagnose and treat prenatal conditions that would likely result in a difficult delivery
- They failed to warn you that the delivery may be difficult
- They failed to explain the various risks of your delivery and your options
- They failed to order an emergency c-section or failed to perform a c-section in a timely fashion
- They did not induce labor when they should have
It is very difficult for non-lawyers to determine whether they have a medical malpractice claim. Therefore, you should contact a Raleigh Erb’s palsy lawyer, as this may be your only chance to get fair compensation for your child’s injury. They will be able to evaluate your case and explain your options.
What Your Erb’s Palsy Case May Be Worth
If your child has been diagnosed with Erb’s palsy, you may be entitled to compensation for the following:
- The cost of the medical treatment and rehabilitative care needed to treat your child’s condition
- The cost of any additional care your child may need such as physical or occupational therapy
- Compensation for any permanent disabilities your child may suffer
Contact a Raleigh Erb’s Palsy Lawyer Today
At Martin & Jones, we have been helping medical malpractice and birth injury victims get the compensation they deserve for more than 40 years. To discuss your case and how we can help, contact us today at 800-662-1234 to schedule a free consultation.
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