Erb’s palsy happens when a baby suffers an injury to the brachial plexus, a group of nerves that go from the spinal cord into the arm, during childbirth. The result of this injury can be weakness, numbness, or lack of movement in one or both arms. If your child suffered Erb’s palsy at birth, your medical provider may be responsible. An Erb’s palsy birth injury lawyer can help you hold him or her accountable.
The Newsome | Melton pediatric malpractice attorneys offer a free case evaluation. We will review how your child’s injury occurred, examine your medical provider’s actions, and determine if you have a case for malpractice. We can hold your medical provider accountable and help you recover damages. We do not get paid until we recover money for you. To schedule a free case evaluation, call 888-526-8947.
We Can Hold Your Medical Provider Liable for Your Child’s Erb’s Palsy Birth Injury
As a mother, childbirth is likely one of the most exciting times in your life. Every mistake, error, or oversight can mean the difference between a happy, healthy baby and a lifetime of health complications.
Your obstetrician, midwife, or other medical provider has a duty to exercise the utmost care in overseeing your childbirth. That includes recognizing when any conditions emerge that could put your health or the health of your baby at risk. As soon as your medical provider notices an unsafe condition, they should take immediate steps to intervene.
Erb’s palsy is a somewhat common injury that occurs at childbirth. It is the result of damage to the group of nerves in the upper body called the brachial plexus and causes weakness, numbness, or lack of mobility in the upper arm. It is similar to Klumpke’s palsy, which results from the same type of nerve damage but affects the hand and lower arm.
The following factors are often responsible for Erb’s palsy birth injuries:
- As the baby passes through the birth canal, their head gets pushed to one side, while their shoulder is forced in the opposite direction, resulting in nerve damage
- During a head-first delivery, the obstetrician or midwife uses too much force in stretching the baby’s neck and shoulders
- During a feet-first delivery, the obstetrician or midwife pulls the baby by the feet and puts excess pressure on the baby’s raised arms
All of these situations are preventable if you have a medical provider who is diligent and recognizes early on that there is difficulty with the childbirth. Also, the medical professional should recognize certain risk factors that make an Erb’s palsy birth injury more likely, such as:
- A breech delivery
- The baby’s size and weight are much larger than average
- The baby’s shoulder gets stuck in the birth canal after the head has been delivered, resulting in unnatural stretching of the head, neck, and shoulders
You may not know exactly what caused or contributed to your baby’s injury. Our job is to investigate, find out for sure, and then hold your medical provider accountable if their negligence played a role. To schedule a free case evaluation with an Erb’s palsy birth injury lawyer from Newsome | Melton, call 888-526-8947 today.
The Newsome | Melton Team Can Build a Malpractice Lawsuit for Your Child’s Erb’s Palsy Birth Injury
At Newsome | Melton, we have a long track record of winning damages for our clients. We can hold your medical provider liable for the injuries your child suffered at birth. To have a successful medical malpractice lawsuit, these four conditions must be met:
- Your medical provider owed you and your child a duty of care.
- Your medical provider did not uphold their duty of care to you and your child.
- You or your child suffered harm because of your medical provider’s failure.
- You incurred economic or noneconomic damages.
Your Medical Provider Owed You or Your Child a Duty of Care
For a medical malpractice lawsuit to have merit, it must show that the practitioner owed the patient a duty of care. This is the case in any active doctor-patient relationship. By the nature of your doctor’s role as the chosen medical professional to preside over your childbirth, your doctor had a duty of care to both you and your child.
They Did Not Uphold Their Duty of Care
To show that your medical provider failed to uphold their duty of care to you and your child, we can compare their actions to what one would expect a reasonable person to have done in the same situation. A “reasonable person” is another doctor with the same skills and training as your doctor.
We can hire a medical expert witness to play the role of the reasonable person. Our witness will review the evidence and explain how they would have acted differently.
Your Child Suffered Injuries
Having established your doctor’s failure to uphold their duty, we must draw a cause-and-effect link between that failure and your child’s injuries. To make this connection clear, we rely on medical evidence and testimony from other medical professionals and expert witnesses.
You Incurred Damages
The final element of our case is to show where you incurred damages because of your child’s Erb’s palsy birth injury.
Call 888-526-8947 today to schedule your free case evaluation with an Erb’s palsy birth injury lawyer from Newsome | Melton.
The Statute of Limitations on Erb’s Palsy Birth Injury Lawsuits
If your child suffered Erb’s palsy at birth and you believe your obstetrician, midwife, or another provider is liable, it is important to take action right away. Every state has a statute of limitation that limits the time you have to file a lawsuit. Depending on where you live, it could be as short as one year.
The Newsome | Melton team can take legal action on your behalf right away and keep you from missing any deadlines that would prevent you from getting compensation you deserve. Call 800-916-7333 today.
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