Erb's Palsy is a type of birth injury that affects the brachial plexus, the network of nerves near the neck that gives rise to all the arm's nerves. This condition typically occurs during a difficult childbirth, such as with a breech delivery or a situation where there is excessive pulling on the shoulders during a head-first delivery.
Symptoms and Outlook
The symptoms of Erb's Palsy include weakness, loss of motion, or even paralysis in the affected arm. The severity of the condition can vary; some infants may suffer from limpness in the arm or lack of muscle control in the arm, hand, or wrist, while others may experience partial or complete paralysis of the entire arm.
Erb's Palsy's prognosis depends on the nerve damage's severity. Many infants recover movement within six months, often with the help of physical therapy, and sometimes surgery is required to repair the damage. However, some cases can result in permanent impairment if not adequately treated or if the nerve damage is too severe.
Legal Avenues
If Erb’s Palsy results from medical negligence during childbirth, there are legal options available for the affected family. Pursuing a medical malpractice claim can help secure compensation for the injuries sustained. This process typically involves proving several key elements:
- Duty of Care: Establishing that the healthcare provider had a duty to provide competent medical care to the mother and baby during delivery.
- Breach of Duty: Demonstrating that the healthcare provider failed to meet the standard of care expected, which could involve improper delivery techniques or failure to anticipate and manage a difficult birth.
- Causation: Showing a direct link between the healthcare provider's breach of duty and the injury sustained by the baby, in this case, Erb’s Palsy.
- Damages: Documenting the physical, emotional, and financial impacts of the injury, which can include medical expenses, physical therapy costs, pain and suffering, and potentially long-term disability care.
Gray and White, Louisville Erb’s Palsy Attorney
We understand the profound impact that medical negligence can have on families, especially when it results in conditions like Erb’s Palsy. Our dedicated team of medical malpractice attorneys is committed to helping you navigate the complex legal landscape.
- Comprehensive Case Evaluation: We begin by conducting a thorough evaluation of your case, including a review of medical records and consultations with medical experts. This allows us to determine if negligence occurred and how it contributed to the development of Erb’s Palsy.
- Expert Collaboration: Our firm has access to a network of medical professionals who specialize in areas relevant to birth injuries. These experts help us understand the nuances of your case and provide authoritative testimony that is crucial for establishing liability and the extent of harm caused.
- Personalized Legal Strategy: Recognizing that each case is unique, we tailor our legal strategies to reflect the specific circumstances and needs of your family. Whether through negotiation or trial, our goal is to secure the best possible outcome for you.
- Pursuing Full Compensation: We are dedicated to ensuring that you receive full compensation for all damages. This includes current and future medical expenses, therapy and rehabilitation costs, pain and suffering, and any long-term care needs. We also consider the emotional and psychological impacts on the family when building our case.
- Navigating Insurance and Litigation: Dealing with insurance companies can be daunting. Our experienced attorneys handle all aspects of insurance claims and negotiations, freeing you to focus on your family’s well-being. If a fair settlement cannot be reached, we are prepared to take your case to trial to fight for the compensation you deserve.
- Ongoing Support and Communication: We believe in keeping you informed and involved at every stage of the legal process. Our team is always accessible to answer your questions, provide updates, and offer the support you need during this challenging time.
Contact Us Today
If your baby has been impacted by medical negligence resulting in Erb’s Palsy, get in touch with Gray and White today. We can discuss your case and help you determine options going forward. Call (502) 210-8942 or fill out our online form to request a free, no-obligation consultation with one of our experienced attorneys.