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March 2, 2023

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If your baby appears to have a weakness or immobility in one or both arms, the child may suffer from a birth injury-related condition called Erb’s Palsy.

Birth injuries are a leading cause of permanent disability in children. They can damage the brachial plexus nerves in the neck and shoulder area and interrupt the flow of messages between the brain and the affected arms or legs.

The personal injury attorneys at Rosenfeld Injury Lawyers, LLC are committed to holding the obstetrician, attending physician, or hospital staff accountable when their negligence results in a baby’s Erb’s Palsy injury.

Our birth injury law firm has successfully resolved many birth injury cases. Talk to an experienced Chicago Erb’s Palsy lawyer who is ready to hold doctors accountable for medical negligence lawsuits to provide for your child’s future care. Contact our office at (888) 424-5757 to schedule a free consultation.

A brachial injury (or Erb’s Palsy) can be a sign of medical negligence by the doctor or another medical professional.

Chicago Erb's Palsy Lawyer

Causes of Common Birth Injuries: Brachial Plexus Palsy, Erb’s Palsy, and Klumpke’s Palsy

Brachial is a term used to refer to the arm, and plexus is used when discussing a bundle of nerves. The brachial plexus is the nerve that controls the shoulder, arm, elbow, wrist, and hand muscles.

Brachial injuries can happen from many different types of injuries throughout life. However, a birthing injury may be due to poor techniques or preparation by the attending doctor who fails to follow protocol.

A medical professional’s pressure on the child’s shoulder and neck during a difficult birth, forceps, or vacuum extractor can quickly damage the delicate nerves that control the arm.

Several risk factors can contribute to an Erb’s Palsy injury when a child is in the delivery process. First, a physical examination to record the baby’s weight and size must be evaluated by the doctor or other trained medical professional to ensure that the birth canal is wide enough to accommodate the child.

Women with gestational diabetes are at an increased risk of giving birth to a large baby, so attending physicians must monitor the baby’s weight. Also, breech delivery and prolonged labor can factor into a higher risk for Erb’s Palsy injuries.

The Most Common Cause of Brachial and Palsy Injuries

Shoulder dystocia [1] is the most common cause of brachial injuries and Erb’s Palsy. When the baby’s shoulder becomes wedged behind the mother’s pelvic bone or in the mother’s pubic bone, the child must be carefully dislodged.

Shoulder dystocia can cause a brachial plexus injury in two different ways. Lower brachial plexus trauma, better known as Klumpke’s Palsy, where the nerves in the hand and wrist and the eyelid will droop opposite the damaged hand.

The other consequence is shoulder dystocia in the upper brachial plexus, which causes nerve damage to the upper arm preventing movement or control.

Erb’s Palsy Disabilities

A severe brachial plexus injury is called Erb’s Palsy. It refers to the loss of function or diminished muscle control of the upper limbs and the lower affected arm.

In many birth injury cases, brain damage or total/partial paralysis occurs in a few minutes when the newborn’ oxygen supply is cut off by a compressed umbilical cord, altering the child’s life and abilities.

When a child is delivered, and the birth trauma has caused Erb’s Palsy, the arm or arms will often be bent at the elbow and held against the body. As a result, these babies may require physical therapy or corrective surgery.

The child may have limited grip and have trouble moving the arms affected by Erb’s Palsy.

Chicago erb's palsy lawyer for brachial plexus injuries

Some children recover from the injury in several months if they undergo physical therapy. However, a child that suffered a brain injury is not as lucky and may have permanent disabilities, including:

  • Paralysis: Children with palsy may have partial or complete paralysis of the affected arms. If the nerve root is wholly separated from the spinal cord, it may have no muscle or nerve function in the arm.
  • Hand, neck, face, or arm weakness: Nerve damage to the arm, wrist, face, and hands could cause atrophy over time.
  • Muscle contractions: Abnormal muscle contractions may occur, causing a tightening of the muscles that may be permanent.

When your child is diagnosed with Erb’s Palsy, It’s vital to seek legal counsel from an Erb’s Palsy attorney regarding your medical malpractice claim. You might be entitled to compensation for the medical expenses and other damages incurred due to the birth injury.

An Erb’s Palsy attorney can help you get the money you need to provide the best possible care for your child.

Injured Children Deserve a Financial Recovery

Cerebral Palsy disabilities from a branchial plexus injury will make life difficult for the child and cause them pain and discomfort for the rest of their lives.

It can mean high future medical expenses for specialized child treatment. The estimated future medical costs based on the average medical malpractice payout in Erb’s Palsy cases is $2.5 million, according to a study published in the journal “Pediatrics.”

Most Erb’s Palsy attorneys advise clients to file a claim after the child’s injuries are sustained as soon as possible. Our medical negligence lawyers want to seek justice for your child in the dawn of life. That is why all confidential or sensitive information regarding your Erb’s palsy lawsuit is protected during your free consultation.

Shoulder Dystocia Risks

A skilled obstetrician can identify shoulder dystocia dangers and take the required precautions to avoid harm throughout the birthing process. Breech birth increases the risk for birth trauma, Erb’s or Klumpke’s Palsy, but even in standard delivery, it can become dangerous.

A baby’s shoulders that are too wide or large to fit through the birthing canal or have their shoulders above the mother’s pelvic bone is at increased risk of injury to the nerves during delivery.

Medical professionals should have done everything possible to prevent or correct a brachial plexus injury. Our birth injury attorneys can answer questions about your Erb’s palsy case during a free consultation.

Our legal team specializes in representing families of children with sustained brachial plexus birth injuries and Erb’s Palsy caused by:

  • Obese or overweight mothers
  • High birth weight
  • Excessive fetal size due to gestational diabetes (large baby)
  • Breech position of the child as they pass through the birth canal
  • Prolonged labor and delayed delivery

Treatment for the child’s brachial plexus injury or Erb’s Palsy varies. However, early intervention is critical. For example, some children may only need to wear a sling for a few weeks or months.

Still, others will require extensive medical care or surgery to correct the child’s condition.

Medical Negligence and Medical Malpractice Resulting in Erb’s Palsy

Erb’s Palsy is a condition that results from damage to the nerves in the shoulder area. The damage can occur due to medical negligence, such as when a doctor fails to promptly recognize and treat Erb’s Palsy, which leads to nerve damage.

Erb’s Palsy can cause weakness or paralysis in the arm and hand and often requires extensive rehabilitation.

Child’s Birth Injury Leading to Erb’s Palsy

When a child is born, many potential risk factors and complications can occur. One such complication is Erb’s Palsy, a form of paralysis affecting the arm.

The complication can be due to a birthing injury, which can occur when the baby’s head and neck are pulled during the birth process. Erb’s can cause weakness or paralysis in the arm; in some cases, it can also affect the hand and fingers.

Cerebral Palsy Resulting from Injuries During Birth

Cerebral Palsy (CP) is a neurological disorder that affects movement and posture. It is caused by damage to the brain during fetal development, birth, or early childhood.

CP affects people differently, depending on which brain parts are damaged. Some people have trouble walking, while others have problems with speech or swallowing.

This condition cannot be cured, but treatment can help people manage their symptoms. Body therapy can help improve movement and strength.

Speech therapy [2] can help people with communication problems. Occupational therapy can help people with difficulties with everyday activities, such as dressing or bathing.

Advantages of Hiring Rosenfeld Experienced Erb’s Palsy Lawyers to Pursue an Erb’s Palsy Lawsuit

There are many advantages to hiring Rosenfeld Injury Lawyers, LLC to pursue a palsy case. We have a proven track record of success, and our Chicago Erb’s Palsy attorneys are dedicated to fighting for the best possible outcome for our clients.

Our Erb’s Palsy lawyers understand the complex legal process involved in palsy cases, and we have the resources to handle even the most challenging cases. Your Erb’s Palsy lawyer will work tirelessly to resolve your birth injury lawsuit.

Why Pursuing Compensation Is Important for a Family with a Child Suffering from Erb’s Palsy

The family faces many challenges when a child is born with Erb’s Palsy. The child has to deal with the physical challenges of the condition, while the family has to cope with financial and emotional stress.

One of the best ways to cope with financial stress is to file Erb’s Palsy lawsuit compensation from the parties responsible for the child’s injuries. Potential defendants in a monetary recovery case could include:

  • The hospital where the child was born
  • The doctor who delivered the child
  • Any other party that may have been responsible

Pursuing financial compensation can be a long and challenging legal process, but it is often worth the effort. The money received can help the family pay for medical expenses, therapy, and other costs associated with the child’s condition.

Dealing with a child’s injuries can be challenging. However, getting legal counsel from an Erb’s or Klumpke’s Palsy lawyer can help to ensure the child has the resources necessary to enjoy life and overcome many daily challenges.

An experienced Erb’s Palsy attorney can help your family pursue financial compensation for damages.

Holding Negligent Medical Professionals Accountable for an Erb’s Palsy Medical Mistake

When a child suffers from palsy injuries, it can be heartbreaking for the parents. Injuries from shoulder dystocia may cause severe pain, suffering, and loss of quality of life for years after the child has been born.

A skilled medical professional’s responsibility is to ensure that a child’s birth causes no harm.

Our law firm can ensure that the doctor and others responsible for the baby’s injuries are held financially accountable for damages. Our medical malpractice lawyers will:

  • Review and seek professional medical advice on medical records
  • Conduct depositions
  • Examine all evidence
  • Investigate the Erb’s Palsy case in detail

When your child sustains injuries during birth, such as brachial birth palsy, you are saddled with enormous medical costs and may not know your child’s legal rights. Contact our Erb’s Palsy attorneys in Chicago, IL to discuss your options.

Chicago erb's palsy lawyer

Chicago Erb’s Palsy Lawyer FAQs

Our medical malpractice law firm understands many families have questions about dealing directly with the insurance companies after their child has suffered Erb’s Palsy or another injury caused by medical errors and preventable mistakes.

A Chicago Erb’s Palsy attorney has answered some of those questions below. Call our law firm for additional information at (888) 424-5757 or schedule a free consultation.

Are There Long-Term Symptoms from Forcible Delivery?

The obstetrician might need assistive delivery tools such as forceps to forcibly pull the baby out, causing your child’s birth injury, including Erb’s Palsy. Trauma from an injury might involve:

  • Lack of sensation in the arm or hand due to nerve injury from putting excessive force during delivery
  • The inability to control the movement of the hand, wrist, or arms due to the infant’s shoulder injury
  • A limply hanging arm, wrist, and hand caused by damage to a network of nerves leading to paralysis of the arm
  • Forcible delivery that leaves your child injured can leave you devastated. Your baby’s health is your priority, but you must also mounting medical bills

Do you suspect your child’s birth injury is the result of medical negligence during the birthing process? Contact an Erb’s Palsy attorney to discuss your legal options to pursue compensation for your damages.

What Are the Types of Brachial Plexus Injury?

Medical professionals and scientists categorize brachial plexus injuries by the extent of the nerve injury, scar tissue, and damage to the nerve roots.

There are different types of brachial/injuries due to Erb’s and Klumpke’s Palsy, including:

  • Avulsion: The most severe condition where the spinal cord completely separates from the root of the nerve
  • Neuropraxia:[3] The least severe type of Erb’s Palsy injury where nerves are stretched
  • Neuroma: The formation of scar tissue on stretched nerves that will heal over time
  • Rupture: Where portions of the nerve tears
  • Brachial plexus (Parsonage-Turner Syndrome): A sporadic unidentifiable syndrome impacting nerves in the shoulder

Many families affected by their child’s injury will hire an Erb’s Palsy attorney to seek justice and hold medical professionals financially accountable for their negligence.

How Can an Experienced Erb’s Palsy Lawyer Help Settle a Birth Injury Lawsuit?

Most birth injury cases settle before trial, avoiding the need to file an Erb’s Palsy lawsuit. An experienced brachial plexus injury lawyer can provide a comprehensive range of services in resolving Erb’s Palsy settlements.

These services include advice on all aspects of the case, such as understanding legal timelines and filing deadlines, providing expert witness testimony on medical negligence, analyzing medical records surrounding the medical malpractice case, and helping to negotiate maximum compensation.

Every experienced Erb’s Palsy attorney from Rosenfeld Injury Lawyers, LLC is also well-versed in medical malpractice cases, which allows them to better understand the complexities of your child’s challenges.

How Is a Child’s Erb’s Palsy Treated?

A child’s treatment for Erb’s Palsy should be provided by a qualified medical team that can identify the best course of care. Treatment for a child’s Erb’s Palsy typically includes:

  • Physical therapy
  • Splinting
  • Medications
  • Braces to help improve mobility

Many families consult with experienced doctors and therapists who have experience treating Erb’s Palsy to ensure their child receives the best care.

Additionally, families affected by their child’s injury should look into support programs in their area that are designed specifically to help those dealing with a birthing injury. Contact an Erb’s Palsy lawyer at Rosenfeld Injury Lawyers, LLC at (888) 424-5757.

How Long Do Erb’s Palsy Settlements Typically Take Based on Civil Tort law And the Statute of Limitations?

The length of time it takes for an Erb’s Palsy settlement to be finalized depends on several factors, including:

  • The complexity of the case
  • The availability of evidence
  • Restrictions imposed by civil tort law
  • The statute of limitations

Generally speaking, Erb’s Palsy lawsuits can take anywhere from months to years to reach an acceptable resolution. However, Erb’s Palsy case verdicts take far longer due to the complexity of putting a lawsuit on trial.

Victims or their families must consult a reputable Erb’s Palsy lawyer familiar with the child’s injury, care, and medical needs to ensure the best possible outcome for their case.

Birth Injury Lawyers Committed to Chicago, Illinois Erb’s Palsy Lawsuits

Our law firm understands how frightening it can be to learn your child has been injured during birth. At Rosenfeld Injury Lawyers, LLC, our Erb’s Palsy lawyers have worked with families affected by many medical malpractice cases as they sought financial recovery for their child’s condition.

Our Chicago Erb’s Palsy attorneys work with a medical team and counselors to determine the full extent of medical care needed for our clients with children who have suffered Erb’s Palsy.

If your child was injured during birth, our legal team is ready to offer you a free case evaluation to seek compensation to help with your child’s injury and ensure they receive proper medical treatment.

Free Case Evaluation

Call our Chicago medical malpractice attorneys today at (888) 424-5757 (toll-free phone call) or through the contact form to schedule a free consultation.

All discussions with an experienced Chicago Erb’s Palsy lawyer in our firm remain confidential through an attorney-client relationship.

Our lawyers work on a contingency fee basis. There is no upfront Erb’s Palsy attorney cost required to initiate your case, and you pay nothing if we cannot obtain financial compensation on your behalf.

Resources: [1] NIH, [2] NIH, [3] NIH, [4] Medicare

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