Erb’s Palsy Claims: Compensation for Birth Injury Arm Weakness

Does your child have limited arm movement due to childbirth? Explore Erb’s palsy claims and see if you qualify for compensation.

Explore the intricacies of Erb’s Palsy claims with The Dressie Law Firm. Our guide covers legal options, compensation, and how we can assist in securing justice for your child’s birth injury. webp to jpg (3) gif maker
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Know Your Rights and Understand Erb’s Palsy Claims With Dressie Law Firm

Is your child or loved one suffering from Erb’s palsy due to an injury sustained during childbirth? You may be able to get compensation for the injury suffered. Such injury places a financial burden on you to treat your baby and possibly prevent Erb’s palsy from being a permanent disability.

Understanding Erb’s palsy and what to do when you suspect a healthcare provider’s error caused the condition will benefit you. You should contact experienced Erb’s palsy lawyers, who can provide practical guidance and assistance to ensure you get compensatory damages.

Our experienced birth injury attorneys at Dressie Law Firm are here to help you analyze your child’s birth injury case effectively, negotiate Erb’s palsy settlement on your behalf, and represent you in negotiations and legal proceedings.

Read on to find out more about Erb’s palsy claims and how Dressie Law Firm can help you obtain the compensation your child deserves.

    What Is Erb’s Palsy?

    Erb’s palsy is a weakness of the muscle in the shoulder or arm that can occur as a result of an injury sustained during childbirth. It is a nerve condition that results in weakness or loss of muscle function in the arm or shoulder. Erb’s palsy is the most common type of brachial plexus palsy injury, affecting the nerves that allow the arms, shoulders, and hands to feel and move.

    The signs of Erb’s palsy include loss of sensation in the arm, weakness in arm muscles, paralysis, and atrophy of the deltoid, brachialis muscles, and biceps. It prevents one from being able to raise the affected arm from the side, and all power of flexion of the elbow is lost due to the biceps muscle paralysis.

    Causes of Erb’s Palsy

    Erb’s palsy in newborns is usually caused by a birth injury, especially during a difficult delivery. A healthcare provider often moves a baby’s head during the birthing process, stretching the baby’s head, which can lead to nerve damage or nerve tears.

    It may also be caused when extra force than usually required is used to bring a baby out of the birth canal or when the baby is in an awkward position in the womb.

    In cases where Erb’s palsy is preventable, medical malpractice may have caused its occurrence. Ways in which a healthcare provider’s action can cause Erb’s palsy include the following:

    • Failure to monitor and treat the mother and child for certain conditions like maternal diabetes
    • Delaying a cesarean section when a vaginal delivery is not possible
    • Pulling a baby’s feet too hard during a breech delivery
    • Misuse of delivery tools like vacuum extractors and forceps
    • Excess application of force on the baby’s shoulders, neck, and head when one or both shoulders of the baby are stuck in the birth canal (shoulder dystocia)

    Long-Term Effects

    Erb’s palsy, when not treated early, can lead to a permanent disability in your child and have a long-term physical, emotional, and financial impact on you.

    Besides Erb’s palsy effect on the child’s self-esteem, some of its long-term complications and effects include the following:

    • Abnormal movement and functions of the joint
    • Impaired bone growth
    • Decreased stamina and strength
    • Limb length discrepancy
    • Muscular atrophy
    • Impaired balance
    • Osteoarthritis

    It is discovered that neglected cases of Erb’s palsy may lead to a 20% to 30% permanent deficit of nerve function. Likewise, the cost of treating Erb’s palsy can take a toll on your finances, which is why contacting erb’s palsy lawyer when the condition is caused by medical negligence is essential. 

    Our experienced birth injury attorney can help you get compensation, from which you can settle the medical bills for treating your child’s Erb’s palsy to ensure your child has a good quality of life.

    Legal Aspects of Erb’s Palsy Claims

    When you reach out to us regarding brachial plexus nerves injury claims, our experienced birth injury attorneys will evaluate your case. We will examine the viability of your claim, explain your legal options, and prepare you for what’s to come.

    Building a Strong Case

    After effectively evaluating your case, we will need to gather evidence that proves that your child’s injury could have been prevented if not for the negligence of the healthcare provider.

    The evidence that will be used to build a strong case for you may include medical bills, medical records, documentation of events before, during, and after childbirth, records of any unchecked risk factors such as diabetes, and professional testimonies of medical professionals. The cost of treating your child’s brachial plexus injury can also be used to predict how much compensation you may be able to receive for the injury your child suffers.

    Settlement Negotiation

    We will also negotiate with the insurance company on your behalf to ensure that you get fair compensation. The settlement amount should cater to all of the damages and losses you have incurred due to Erb palsy.

    If a settlement cannot be reached, we will take your case to court and represent you in front of a jury. Our birth injury attorneys have the necessary expertise and experience to represent you effectively in court, ensuring that your rights are protected. We will make sure that the jury understands the extent of your child’s injuries and how it has affected their life. Our goal is to get you a favorable verdict.

    Navigating the Legal Process

    Filing a Claim: Our legal team will help you file an Erb’s palsy lawsuit against the responsible healthcare provider. 

    Negotiating Settlements: You can choose to settle with the defendant out of court and without a trial, or you can choose to proceed to trial.

    Negotiating Erb’s palsy lawsuit settlements can be very tasking, which is why you should only do it with the guidance of a personal injury lawyer. Likewise, the settlement amount can vary greatly, and it is influenced by several factors, including:

    • The severity of the injury resulting in Erb’s palsy

    • Your child’s medical costs

    • The degree of Erb’s palsy medical malpractice

    • The weight of evidence gathered to support your claim of medical malpractice

    • Past, current, and future medical expenses

    • The mental anguish and pain you and your child suffered

    Why Choose Dressie Law Firm

    Dressie Law Firm is dedicated to providing exceptional legal representation for families whose children have suffered birth injuries such as Erb’s palsy. Our experienced team of birth injury attorneys will work tirelessly to ensure that you receive the compensation you deserve.

    Here are some reasons why you should choose Dressie Law Firm:

    • Experience in Erb’s palsy cases: With years of experience in handling birth injury cases, our attorneys have the necessary knowledge and expertise to handle your child’s Erb’s palsy case effectively.

    • Practice area focus: Our firm exclusively focuses on medical malpractice cases, including birth injuries such as Erb’s palsy. This ensures that our team is well-versed in the complex laws and procedures surrounding these types of cases.

    • Strong track record: We have a proven track record of success in handling birth injury cases, including obtaining favorable verdicts and settlements for our clients. Our attorneys have recovered over $30 million in damages for our clients.

    • +20 Years of experience: With over two decades of experience, our attorneys have a deep understanding of the complexities involved in medical malpractice and birth injury cases. We know how to navigate through these complex legal processes to get you the best results.

    • 24 experienced personal injury attorneys: Our team is composed of highly skilled and experienced attorneys who are dedicated to fighting for the rights of our clients. We have a deep understanding of medical malpractice laws, and we use this knowledge to present a strong case on your behalf.

    Contact Dressie Law Firm Today

    You should not just fold your hands and do nothing when your child suffers brachial plexus birth palsy as a result of medical malpractice. The pain and costs of such a condition may be very impactful on you, and you can bring up a claim to receive fair compensation.

    At Dressie Law Firm, we are committed to using a client-centric approach to evaluate Erb’s palsy claim and ensure we secure the most suitable outcome. We can evaluate your case and represent you effectively in the trial.

    Where you may need to reach an out-of-court settlement, we can help you negotiate your child’s erb’s palsy compensation claim to secure a fair one.

    Contact us today to schedule a free consultation.

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    Contact us today to schedule your free consultation!