This brachial plexus injury happens when the nerves in the upper arm are injured. For every 1,000 babies born in the US, only one or two infants ever experience Erb's palsy.
Most frequently caused by doctors pulling too hard on the baby's arm during the delivery process, Erb's palsy can dramatically impact the rest of the child's life.
Most experts agree: Erb's palsy is an avoidable injury. Doctors following standard medical procedures rarely find themselves delivering a baby with Erb's palsy injuries. When such an injury occurs due to a physician's negligence, families have the right to file a lawsuit against the person responsible. An Erb's palsy compensation claim is a type of medical malpractice lawsuit, and can be filed against the doctor, hospital or any other party involved in the birth of the child.
How do I know if my child's Erb's palsy was caused by medical malpractice?
Though most cases of Erb's palsy are avoidable, there are some instances where no one is truly responsible. Most frequently, Erb's palsy occurs when negligent doctors and nurses:
- Pull too forcefully on the baby's arm
- Fail to plan or carry out an emergency C-section
- Use birthing tools like forceps or a vacuum extraction tool incorrectly
- Fail to monitor signs of distress
It can be difficult for parents to determine if their doctor was indeed negligent. That's where an experienced birth injury attorney can come in. They work with medical experts who are able to weigh in on potential medical negligence. Their specialized opinions can give families clarity and insight into their infant's injuries.
What kind of compensation can I seek for an Erb's palsy claim?
No amount of money can make up for a birth injury like Erb's palsy, but recompense can help provide the best care possible for the child. There's no set amount of money you can expect from filing a medical malpractice lawsuit, as the results depend greatly upon the severity of the injury, the area in which you live and the details surrounding your case. Erb's palsy compensation claims often include:
- Medical costs, including surgeries, physical therapy, doctor's appointments, medications
- Lost wages for parents who lose income because of the care required for the infant
- Long-term care
- Pain and suffering
New Mexico Birth Injury Lawyers
If you believe your child’s birth injury was caused by a medical mistake, contact our attorneys to discuss your situation. You do not owe us any legal fees unless we settle or win your case. Set up a free, no obligation, consultation today at 877-544-5323.
Our attorneys are listed in The Best Lawyers in America ®, and have received an AV rating from Martindale-Hubbell law directory, which is the highest distinction given. Many have been recognized by Super Lawyers ®– lawyers “who have attained a high-degree of peer recognition and professional achievement.”
