Chicago Erb's Palsy Lawyer
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 arm or legs.
The Chicago 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. Our Chicago Erb's palsy lawyers are ready to hold doctors accountable for medical malpractice 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 medical staff.
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, birthing 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 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 when shoulder dystocia occurs in the upper brachial plexus, which causes nerve damage to the upper arm preventing movement or control.
Erb's Palsy Disabilities
A severe type of 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.
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 will have permanent disabilities, including:
- Paralysis: Children with palsy may have partial or complete paralysis of the affected arms. If the nerve's 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: Nerves 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
The 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 costs for specialized child treatment. 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 malpractice 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.
These injuries often result from the delivery physician or midwife's medical error. When this occurs, it is only reasonable to compensate the family and the child for the pain in the affected limb and the hefty medical bills they must bear in a Chicago, Illinois, medical malpractice lawsuit.
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. You can ask our birth injury attorneys about your case during a free consultation.
We specialize in representing families of children with sustained injuries and palsy that may be 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
The child’s treatment for 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, while others will require medical attention or surgery to correct the brachial plexus.
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 risks 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 birth 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 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. We 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 a brachial plexus injury. The child has to deal with the physical challenges of the condition, while the family has to cope with the financial and emotional stress.
One of the best ways to cope with financial stress is to pursue compensation from the parties responsible for the child’s Erb's Palsy or Klumpke's palsy injuries, including the hospital where the child was born, the doctor who delivered the child, and any other party that may have been responsible.
Pursuing 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 an infant’s palsy injuries can be challenging. However, getting legal counsel from an Erb's or Klumpke's palsy lawyer can help. An experienced Erb's Palsy lawyer can legally assist you in pursuing the financial compensation you deserve.
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 labor and delivery 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 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.
Erb's Palsy Injuries 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 birth injury caused by medical errors and preventable mistakes.
A Chicago Erb's and Klumpke's palsy lawyer has answered some of those questions below.
What Are the Symptoms of a Child's Brachial Plexus Injury?
According to the National Institutes of Health, brachial plexus happens when nerve communication is cut off from the upper extremities and the spine, making working the hand or arm impossible.
Large newborns during labor and delivery have an increased potential risk for brachial injuries, especially during emergency or quick deliveries.
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 foot medical bills.
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: The least severe type of brachial plexus 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 plexitis (Parsonage-Turner Syndrome): An extremely rare unidentifiable syndrome impacting nerves in the shoulder
Can Brachial Plexus Injury Heal on Its Own?
Possibly. Surgeons can repair some brachial injuries. However, doctors often recommend having Klumpke's and Erb's palsy treated with physical therapy, including motion exercises, to help patients restore arm and hand function and improve recovery and range of motion, especially in stiff joints and muscles.
Not all brachial injuries require treatment, especially in infants and toddlers, where an injury might take weeks or months to heal completely.
However, patients should follow up with their doctors for ongoing checkups within the first two years after the brachial injury event to ensure that the condition has healed completely. In addition, an experienced Erb's Palsy attorney can help you understand your legal rights.
Birth Injury Lawyers Committed to Chicago, Illinois Brachial Plexus Injuries & Erb's Palsy Lawsuits
We understand how frightening it can be to learn your child has been injured during birth. At Rosenfeld Injury Lawyers LLC, we are Erb's Palsy lawyers who have worked with families affected in many medical malpractice cases as they sought financial recovery for their child's condition.
Our Chicago personal injury 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 brachial injuries or 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 in receiving medical treatment.
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 our experienced Erb's Palsy attorneys remain confidential through an attorney-client relationship.
Our Erb's Palsy attorneys work on a contingency fee basis. No upfront Erb's Palsy attorney cost is required to initiate your case, and you pay nothing if we cannot obtain financial compensation on your behalf.