Even if there are no complicating factors during childbirth, there are still many ways in which unprepared, reckless, or careless physicians can cause serious harm to newborn infants. One of the most common long-term effects of injuries at birth caused by a doctor’s negligence is Erb’s palsy, a muscular disorder that can sometimes lead to a child having physical challenges throughout their childhood and potentially for their entire life.
If you suspect misconduct by a medical professional who assisted you when you gave birth led to your child suffering preventable harm of this nature, contact a New Haven Erb’s palsy lawyer. With a capable and dedicated n by your side, you could more effectively enforce your family’s rights and mitigate the long-term impacts of this unfortunate situation.
The term “palsy” is used to refer to medical conditions which cause problems with muscular development and/or functionality. Erb’s palsy specifically involves damage to the brachial plexus, which is a group of nerves in the neck and shoulder that connect the hand and arm to the spinal cord. This damage results in difficulty feeling and moving the hands, fingers, and arms. Brachial plexus injuries can have different effects depending on the nature and severity of damage done. For example, neurapraxia of the brachial plexus involves the nerves in question being stretched without being torn, making it much less severe than an avulsion injury entailing nerves being torn completely free of the spine.
Erb’s palsy is very often caused by negligence during childbirth that results in a newborn child being handled roughly or twisted awkwardly around the shoulder or neck. As an experienced New Haven Erb’s palsy attorney could affirm, it is a particularly common outcome of errors during Cesarean sections or during natural childbirth where the infant is positioned abnormally, often directly stemming from the misuse of forceps or vacuum extraction.
It is important to note that the fact that a child developed Erb’s palsy after being injured during birth does not necessarily justify malpractice litigation all by itself. A parent or guardian filing suit on behalf of a child injured must prove that the child’s palsy resulted directly from a physician’s breach of the “standard of care.” This means that the act or omission was so egregiously irresponsible that no reasonable physician with equivalent experience and education would ever take the same action under the same circumstances.
In addition to substantial medical documentation and other forms of evidence, state law also requires people pursuing lawsuits like this to have support in writing from a medical professional who affirms that they have merit to file suit, something they must obtain through a “reasonable inquiry” process. Furthermore, there are strict filing deadlines prescribed by state law, although they work somewhat differently for injuries sustained by minors. It is crucial to get in touch with an Erb’s palsy lawyer in New Haven who can explain the applicable filing requirements and take prompt legal action.
Erb’s palsy is a very serious and debilitating condition that, all too often, stems primarily—if not entirely—from negligence by healthcare providers during childbirth. Unfortunately, holding a reckless or careless physician legally liable for causing this type of damage can be virtually impossible without representation from seasoned legal counsel.
A conversation with a New Haven Erb’s palsy lawyer at Berkowitz Hanna can give you clarity and direction regarding your next steps towards a possible civil claim. Schedule a meeting by calling our office today.