Erb’s palsy, also known as brachial plexus birth palsy, is a form of nerve damage that infants can suffer during childbirth. This condition may lead to a permanent loss of coordination and motor function in impacted areas of the body. Even in mild cases that do not cause lifelong harm, Erb’s palsy can be expensive to treat and immensely disruptive to the lives of both the affected child and their entire family.
If your child suffered harm of this nature because of negligent care they received when they were born, you should speak with a birth injury attorney about the possibility of litigation. Civil cases built around injuries like this can be uniquely complicated and challenging to pursue without the guidance of seasoned legal counsel. Allow a Bridgeport Erb’s palsy lawyer to help you get the compensation you and your child deserve.
From the moment a mother gives birth to the moment they are discharged from the hospital with their child, every doctor, nurse, and technician caring for them must meet a specific standard of care. This duty outlines that care providers must act the same way any other equally qualified physician would under similar circumstances. This involves constantly monitoring both mother and child’s vital signs, appropriately addressing complications, and correctly using tools like forceps and procedures during C-sections. When it comes to preventing Erb’s palsy, this standard also entails ensuring that the child exits the birth canal safely.
If someone assisting with childbirth pulls too hard on a baby’s head, neck, or shoulders during a head-first delivery, or puts too much pressure on their arms during a feet-first delivery, they could potentially cause permanent damage to their limbs. This is particularly common when shoulder dystocia—the baby’s shoulder getting caught on its mother’s pubic bone—occurs during childbirth. Other high-risk factors for this kind of damage include:
A Bridgeport Erb’s palsy attorney can provide further guidance about what actions could be grounds for malpractice litigation.
Although mild stretching of an infant’s nerves during childbirth may cause significant discomfort, it is generally not permanent and goes away within three months. Conversely, if scar tissue develops after this kind of birth injury, or if nerves rupture or are completely torn away from the spinal cord, the impacted infant could experience significant developmental challenges, require surgery to correct the issue, and possibly suffer lifelong and debilitating harm.
Because of how serious this type of injury can be, a malpractice claim built around Erb’s palsy must account for immediately apparent losses, such as medical bills and future losses. Examples of future forms of harm include lost earning capacity for the child, physical pain and suffering, lost overall quality of life, and the costs of assistive medical equipment and future care. A knowledgeable Erb’s palsy attorney in Bridgeport can provide vital help identifying and incorporating all available damages into a comprehensive claim.
Giving birth is a magical moment that should be celebrated. However, matters may quickly become devastating if your baby has suffered physical harm because of a doctor’s negligence during birth. Pursuing legal action during this time is likely the last thing on your mind during this time. However, a comprehensive claim for damages could help protect your and your baby’s future prospects.
Help is available from a dedicated Bridgeport Erb’s palsy lawyer. Call Berkowitz Hanna today to schedule your free initial consultation.