Fairfax Erb’s Palsy Birth Injury Lawyers
Erb’s palsy is caused by damage to the brachial plexus, a network of nerves near the neck that help infants move their arms, hands, fingers, and shoulders. Erb’s palsy due to a birth injury results in muscle weakness, loss of motion, or paralysis in severe cases. Erb’s palsy is a common birth injury resulting from an infant’s neck being pulled or stretched to the side during delivery, often by physicians who fail to use proper delivery techniques.
If your child developed Erb’s palsy due to a birth injury, you may have a medical malpractice claim. At the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates, we have seen firsthand the devastation a birth injury can cause. Our skilled Fairfax Erb’s palsy birth injury lawyers hold medical professionals accountable for their negligent actions.
What Is Erb’s Palsy?
Erb’s palsy is paralysis of the arm caused by damage to a group of nerves near the shoulder known as the brachial plexus, which typically occurs during difficult deliveries. There are four types of Erb’s palsy:
- Neurapraxia:Stretching of the nerve without tearing.
- Rupture:Tearing of the nerve without separation from the spine.
- Avulsion:Nerve tearing away from the spine.
- Neuroma:Growth of scar tissue preventing nerves from sending signals to the muscles.
What Causes Erb’s Palsy?
Experienced medical professionals are trained to deliver infants without damaging the child’s neck and head. Erb’s palsy typically results from complications during labor and delivery. When medical professionals fail to use the proper delivery techniques or identify potential problems, the newborn is more likely to suffer injury, such as:
- Failing to properly deliver the baby.
- Use of excessive pressure or force on the baby’s head, neck, or shoulder during delivery.
- Pulling the infant’s feet during a breech birth.
- Using assistive delivery tools such as forceps or vacuum extractors.
- Failing to recognize the need for a Cesarean section to deliver the baby.
Are There Risk Factors for Erb’s Palsy?
Events during delivery are often impossible to predict. However, there are certain conditions known to increase the risk of a complicated vaginal delivery and risk of an Erb’s palsy birth injury, such as:
- Second stage of labor longer than one hour
- Pregnancy lasting over 40 weeks
- Excessive maternal weight gain
- Contracted or flat pelvis
- Maternal diabetes
- Previous delivery with a brachial plexus injury
What Are the Symptoms of Erb’s Palsy?
In newborns, an arm that hangs limply from the shoulder is the initial symptom of Erb’s palsy, along with flexed wrists and fingers. Other symptoms include:
- Inability to feel pain or heat
- Inability to hold items in the hand
- Facial paralysis
- Little control over the arm or hand
- Loss of range of motion
- Muscle weakness
- Partial or complete paralysis of the affected arm
- Reduced feeling in the affected arm
- Tingling or numbness in the hands, arm, wrist, shoulder, or fingers
- Unable to crawl or sit up without assistance, lift the arm away from the body, or bend the elbow
- Underdeveloped nerves or muscles
How Is Erb’s Palsy Treated?
Treatment for Erb’s palsy depends on the severity of the condition. In most cases, damage is minimal and will heal naturally in a few months to a year with the passage of time and moderate use of the affected arm. Other treatments include:
- Physical therapy to reduce numbness and regain muscle control and range of motion.
- Occupational therapy to improve fine motor skills and muscle control.
- Surgery to remove and replace severely damaged nerves with healthy nerves to regain control of the affected arm.
Untreated, Erb’s palsy can result in up to 30 percent permanent deficit of nerve function, decreased strength and stamina, abnormal movement and joint function, muscular atrophy, impaired bone growth, osteoarthritis, discrepancy in limb lengths, and impaired balance and coordination.
What Compensation Can I Receive for My Baby’s Erb’s Palsy Birth Injuries?
In cases of Erb’s palsy due to medical negligence, you can seek compensation for related economic and non-economic damages, which may include:
- Medical expenses
- Lost wages if the child requires full-time parental care
- Assistive and adaptive devices and assistive care at home or school
- Prescription medicine
- Loss of future earning capacity
- Emotional distress or psychological trauma
- Pain and suffering
- Loss of life enjoyment
To establish liability in medical malpractice claims, you must be able to prove that your baby’s injuries were caused by a medical professional’s negligent actions by demonstrating the following:
- You were a patient under the physician’s care during delivery.
- The physician violated the standard duty of care by not following proper training and procedures during delivery.
- The physician’s negligence resulted in your baby’s injuries.
- The injuries resulted in significant financial damages.
The amount of compensation you may receive depends on the severity of the injury, the level of permanence, and the degree of medical negligence leading to the injury.
How Can a Fairfax Erb’s Palsy Birth Injury Lawyer Help Me?
Pursuing medical malpractice claims independently can be overwhelming, especially when also caring for a newborn with Erb’s palsy. Medical malpractice law is complex, and you should seek assistance from an experienced Fairfax malpractice lawyer who can:
- Determine your eligibility for an Erb’s palsy claim.
- Gather medical records and necessary evidence.
- Consult with medical experts and witnesses who can provide testimony.
- File your claim and required paperwork by legal deadlines.
- Negotiate a settlement.
- Represent you in court if the case goes to trial.
The Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates is a medical malpractice firm based in Washington, D.C. Led by Dr. Michael Wilson, who holds both medical and legal degrees from Georgetown University, the firm offers a unique blend of legal and medical experience. Dr. Wilson is renowned for his ability to handle complex malpractice cases, representing clients both locally and globally who negligent healthcare providers have harmed.
The Fairfax Erb’s Palsy Birth Injury Lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates Help Families Seek Compensation for Birth Injuries
Few things are as devastating as your newborn suffering preventable injuries during delivery. For legal help, contact the Fairfax Erb’s palsy birth injury lawyers at the Law Offices of Dr. Michael M. Wilson, M.D., J.D. & Associates. Call today at 202-223-4488 or contact us online to schedule a free consultation. Located in Washington, D.C., we serve clients in the surrounding areas, including Northern Virginia and Maryland.
