HOUSTON ERB'S PALSY LAWSUITS
Feelings of excitement and joy surround the birth of a child. However, sometimes the circumstances of delivery may cause injuries to the baby. These injuries may have long-lasting physical and health effects, such as Erb’s Palsy.
Limited motion and weakness in the arm characterize this condition. In many babies, the injury heals entirely in time. However, in more severe cases, the damage may last a lifetime. The costs of ongoing medical care and therapy can financially devastate some families. You may be able to recover current and future care costs for your child’s Erb’s Palsy.
Please contact a Houston birth injury attorney at Reich & Binstock today. As a personal injury law firm, we pride ourselves on helping our clients recover damages for their injuries. We have experience with Erb’s palsy lawsuits, so you can rest assured that you’re in good hands. An experienced Erb’s palsy attorney with our firm will fight tooth and nail for just compensation. Call our law firm today at 713-622-7271 to schedule your free consultation.
What is Erb’s Palsy?
A grouping of five nerves, called the brachial plexus, controls the arm. These nerves coordinate movement to each of the muscles in the arm and provide sensation to the limb. Erb’s Palsy is when damage to these nerves causes numbness, paralysis, muscle weakness, or sensation loss.
An increased risk of brachial plexus injury occurs when labor and childbirth are complicated, painful, or prolonged. This injury is a mild stretching in most babies that heals within months.
Some injuries are more severe and separated, or torn nerves that require surgical repairs. A tear or avulsion (nerve fully separates from the spinal cord) usually leaves a child with a permanent disability.
What Causes Erb’s Palsy?
In Erb’s Palsy, the nerves in the brachial plexus become overstretched and damaged. Any excessive force that pulls the shoulder and baby’s head away from another can damage them. These nerves control the movement of the fingers, hand, shoulder, and arm.
Babies suffering from a brachial plexus injury often receive the injury during birth. Erb’s Palsy often develops from shoulder dystocia. During delivery, this is a complication where the baby’s shoulders get stuck, and they have difficulty exiting the birth canal.
This can cause a difficult or lengthened birth, increasing the chances of brachial plexus palsy happening. The following situations may lead to brachial plexus damage:
If medical professionals pull on the infant’s arm at the wrong angle while it is in the birth canal, the nerves may be strained, stretched, or torn.
Due to shoulder dystocia, the infant gets stuck in the birth canal, and the medical staff pulls too hard to dislodge them. The medical team may use a vacuum or forceps, causing nerve injuries. Excessive pulling risks go even higher if the child is born face-first.
The baby presents feet-first or buttocks-first in the birth canal. Brachial plexus damage may occur if the baby’s arms are forced above their head while the physician pulls them through by their feet.
The risks of shoulder dystocia or Erb’s Palsy occurring are also increased by risk factors such as these:
- Fetal macrosomia (large infant size and weight)
- Diabetic mother
- Overweight mother
- Advanced maternal age (35 years+)
- Multiple births
- Labor induction
Medical professionals have protocols they follow when any of these conditions are present or complications arise. Taking the proper steps ensures the baby’s safe arrival.
If medical malpractice occurs and is provable, the injured child’s parents may be able to win an Erb’s Palsy claim for their child’s brachial plexus injury. It’s vital that you contact an experienced Erb’s Palsy lawyer as soon as possible.
Read Also: A Special Delivery with Shoulder Dystocia
Erb’s Palsy and Medical Malpractice
Medical malpractice is the root of many birth injuries. Erb’s palsy lawsuits signal a failure by a medical professional to ensure their patient’s health and safety. There are many ways medical malpractice may occur during childbirth, leading to Erb’s Palsy.
A doctor may fail to realize the mother would experience a complicated birth and delivery. The brachial plexus nerves injury that caused Erb’s Palsy may have been avoided had the doctor performed a cesarean section.
When Erb’s Palsy develops due to a significant breach in the duty of care, families must seek legal guidance about their child’s birth injury. The harm a medical mistake causes to the infant and mother is preventable. Birth injury cases are complex and costly to prove, so it’s essential that you retain an experienced Erb’s Palsy lawyer. The Reich & Binstock law firm has extensive experience with palsy lawsuits.
What Are the Complications of Erb’s Palsy?
If Erb’s Palsy is mild, it may improve with time. However, severe conditions have life-altering effects such as permanent disability or complete paralysis.
There are four categories of Erb’s Palsy. A physician evaluates the severity of the nerve damage while diagnosing the condition and determines which type applies.
The nerve is stretched but not torn with this type of nerve damage. It usually heals within a few months on its own, though physical therapy does help.
This is a more severe stretch injury. Scar tissue is likely to form as the damaged nerves heal. The recovery is partial because the scar’s weight puts pressure on the nearby nerves.
This form of Erb’s Palsy typically requires nerve surgery to repair the torn nerves.
In the most severe type of Erb’s Palsy, the nerve damage occurs when the nerve tears away from the spinal cord. Surgery cannot repair these nerves. Surgical nerve grafts may restore some function.
In some cases, the child is permanently disabled or suffers paralysis of the affected arm. Often, a child with Erb’s Palsy has one arm longer than the other. This happens because the brachial plexus nerves are related to growth. When they’re torn away or damaged, the arm grows slower. The difference in size becomes more apparent as the child ages.
Can You Sue For Erb’s Palsy?
The costs of caring for children affected by brachial plexus palsy can be high. If you believe medical negligence caused your child’s shoulder injury, you may be eligible to file an Erb’s Palsy lawsuit. However, to have a successful birth injury lawsuit, you’ll need to prove medical negligence.
Negligence isn’t just an unfavorable outcome or a mistake. It is carelessness by a medical professional that harms a patient. Our Houston personal injury legal team at Reich & Binstock examines your medical records, speaks with expert witnesses, and gathers proof that your provider violated or breached the standard of care, causing your harm.
A Houston Erb’s Palsy lawyer gathers the facts of your case to prove:
- The standard of care exercised by the medical professional’s peers.
- A doctor-patient relationship was established.
- A duty of care towards the patient existed.
- The physician was negligent and did not follow the established standard of care.
- Harm resulted from this breach of duty.
- The harm hurt both you and your child.
You and your family deserve compensation for your medical negligence injuries. The brachial plexus palsy attorneys at Reich & Binstock evaluate the damages incurred by the injuries to your baby’s arm and work tirelessly to get the full amount you are due.
What Factors May Determine Your Erb’s Palsy Case Value?
A case value gives you an approximation of how much your Erb’s Palsy lawsuit may be worth. Several factors impact your case and its monetary value. These factors include:
- The injury or other related incidents are accurately detailed in your medical records.
- Medical bills for current and ongoing treatment
- Injury severity
- Whether or not the lawsuit was filed on time
As your case moves forward or more information becomes available to your birth injury lawyer, your case’s value may change.
How Much Does It Cost to File an Erb’s Palsy Lawsuit?
The Houston medical malpractice attorneys at Reich & Binstock represent personal injury cases on a contingency fee basis. This means filing an Erb’s Palsy malpractice lawsuit costs you nothing upfront.
You are not responsible for any upfront legal fees. You only have to pay your birth injury attorney a percentage of your settlement if we win your brachial plexus injury case.
When Should I File an Erb’s Palsy Lawsuit?
In every state, there is a limit on the time injured persons have to file a personal injury lawsuit. This kind of law is known as a statute of limitations. From the date of injury or diagnosis, you have two years to file a claim in Texas.
However, for birth injuries specifically, minors have until their 14th birthday to file a claim. Parents may file suit either two years from the date of or discovery of the injury, or two years from the death of their child.
Our Houston Erb’s Palsy attorneys know the importance of moving quickly in Erb’s Palsy cases. Getting started right away ensures you receive compensation for your child’s suffering and medical treatments faster.
You can never predict how long your case may take to resolve. This can vary, so it’s best to file quickly to receive compensation in a timely manner.
Read Also: Can I Sue My Doctor for Misdiagnosis?
Find an Experienced Attorney Near You
Gaining complete knowledge of what happened to your child may not be possible without the help of experienced Erb’s Palsy attorneys. Hospitals and medical providers may be unwilling to provide answers about what happened to cause Erb’s Palsy.
However, lifetime care costs for your child’s injury can be a heavy financial burden for your family. At Reich & Binstock, our medical malpractice lawyers in Houston evaluate the extent of your child’s condition and its implications for your child’s future.
When you reach out to an Erb’s palsy attorney with our legal team for help with your Erb’s Palsy claim, we ensure your family receives the financial compensation it deserves for the medical and emotional damages this avoidable birth injury caused.
Our experienced Erb’s Palsy lawyers work diligently on your case and keep you up-to-date on the legal process as we move forward. Families affected by brachial plexus palsy deserve full compensation for their damages.
Please contact Reich & Binstock today at (713) 622-7271 if you have any questions about your child’s brachial plexus injury. Our firm is experienced with a range of personal injury laws, including defective medical devices and pharmaceutical injuries, accidents and injuries, and product liability. We also handle car accidents, insurance claims, and oil and gas worker injuries. Contact us for a free consultation so we can discuss your case and establish an attorney-client relationship.