There are few things more heart-breaking for new parents than finding out that their newborn baby suffered a birth injury. The only thing that could make the situation even more devastating is if the injury resulted from medical negligence and could have been prevented. Erb’s palsy is one example of a birth injury that is often caused by negligent errors during the delivery process. Depending on the severity of the injury, Erb’s palsy can have a lasting impact on the child’s growth and development. If your child was diagnosed with Erb’s palsy, and you believe that negligence was a factor, it is highly recommended that you contact an experienced Erb’s palsy birth injury lawyer as soon as possible.
What Is Erb’s Palsy?
Erb’s palsy is a condition that is caused by nerve damage during the childbirth process. The brachial plexus is a network of nerves that provides movement and feeling to the shoulders, arms, and hands. If the nerves are pulled or stretched too much during childbirth, Erb’s palsy can develop. While this type of injury can occur due to complications during labor and delivery, Erb’s palsy is often caused by medical errors, including the following:
- Failure to deliver the baby adequately.
- Excessive force or pressure was imposed on the baby’s head, neck, or shoulder during delivery.
- Failure to recognize that a cesarean section should have been performed.
What Are the Symptoms of Erb’s Palsy?
A range of symptoms are associated with Erb’s palsy, the severity of which will depend on the nature and extent of the injury. The following are examples of some of the most common symptoms of Erb’s palsy:
- Arm paralysis
- Facial paralysis
- Muscle weakness
- Numbness in the arm, wrist, shoulder, and, or finger
- Inability to hold items in hand
- Underdeveloped nerves or muscles
What Are the Treatment Options for Erb’s Palsy?
To have the best possible outcome, early detection and treatment are essential. There are effective treatment options available for children who were born with Erb’s palsy, including the following:
- Physical therapy can help the baby regain muscle control and range of motion and reduce arm numbness.
- Occupational therapy can help the baby improve fine motor skills and muscle control over time to complete daily tasks like eating, dressing, and writing.
- If the nerves in the brachial plexus are severely damaged, surgical procedures can remove them and replace them with healthy nerves, allowing the child to regain control of the affected arm.
How Do I Prove That the Healthcare Provider Was Negligent?
To have a successful medical malpractice claim, you must prove that the healthcare provider responsible for your child’s care was negligent. To do this, you must show the following:
- The mother was under the medical professional’s care during delivery.
- The medical professional violated the duty of care by acting differently than another medical professional would have in a similar situation.
- The medical professional’s negligence resulted in the child’s injury.
- The child’s injury resulted in significant financial damages.
How Do I File a Medical Malpractice Lawsuit for an Erb’s Palsy Injury?
The process of pursuing a medical malpractice claim can be extremely overwhelming, particularly when you are taking care of a newborn with a birth injury. You should contact a lawyer as soon as possible to determine whether you have a valid medical malpractice case. If your lawyer believes that you have a strong case, they will get started on the following steps involved in the claims process:
- Collect evidence: This will involve obtaining copies of your medical records, results of any diagnostic tests performed, video evidence showing who was involved during the delivery, and whether there is evidence of negligence, as well as witness statements.
- File the claim: Once all the evidence is collected, your lawyer will file your Erb’s palsy medical malpractice lawsuit. In addition, your birth injury lawyer will ensure that your claim is filed before the statute of limitations expires. The statute of limitations for a birth injury claim in Virginia is two years from the date that the injury is discovered.
- Negotiate a settlement: Most birth injury cases are settled out of court. Your birth injury lawyer understands that the medical expenses associated with a birth injury can be a significant financial burden. Your dedicated legal team will work tirelessly to negotiate the best possible settlement offer so that you can focus on your child’s recovery.
What Damages Am I Entitled to in a Birth Injury Claim?
The medical expenses associated with Erb’s palsy or any other type of birth injury can accumulate very quickly. A successful claim will ensure that you recover the following damages:
- All medical expenses, including surgeries, prescription medications, physical therapy, medical devices, and any other medical care your child may need throughout their life.
- Pain and suffering, which is meant to make up for the physical and emotional toll that the injury has had on your child and your family.
- Loss of earning capacity if the Erb’s palsy injury prevents your child from being able to work and earn a salary.
Our Fairfax Erb’s Palsy Birth Injury Lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D & Associates Assist Clients With Birth Injury Claims
If your child was diagnosed with Erb’s palsy and you believe that your healthcare provider was negligent, do not hesitate to contact the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates. Our dedicated and experienced Fairfax Erb’s palsy birth injury lawyers will determine whether you have a valid claim, help you navigate every step of the claims process, and help you pursue the maximum financial compensation you deserve. To schedule a free consultation, call us today at 202-223-4488 or contact us online. Our office is located in Washington, D.C., where we serve clients in the surrounding areas, including Northern Virginia and Maryland.
Dr. Michael M. Wilson is an attorney and a physician who earned his undergraduate degree from the Massachusetts Institute of Technology and his legal and medical degrees from Georgetown University. He has focused in the area of medical malpractice for more than three decades and secured more than $100 million in settlements and verdicts on behalf of clients throughout the country. He is admitted to practice in the District of Columbia and New York as well as the U.S. Court of Appeals for the District of Columbia and the U.S. Supreme Court. He is listed in America’s Top 100 High Stakes Litigators.
