No one wants to think about the possibility of there being an injury or complication to the baby while giving birth. Most of the time, you are going to be all right, and so is the baby, however should complications arise, and you find yourself with the real possibility that your baby has Erb’s palsy as a result of negligence on the part of the doctor, then you may have to be prepared find a quality medical malpractice attorney to take up your case.
So What Exactly Is Erb’s Palsy?
Erb’s palsy is an injury of a bundle of nerves located around the shoulder. The end result of this injury is that the arm under the afflicted shoulder is either partially paralyzed, or, in some extreme cases, it might even be fully paralyzed.
The reason this particular injury catches the attention of medical malpractice attorneys is because, almost 100% of the time, the injury is due to improper technique used by the doctor while pulling on the baby. In other words, the injury was a result of negligence on the part of the attending medical staff.
However, there are times where the Erb’s palsy is a result of a natural issue that takes place during a particularly difficult childbirth. The vast majority of the time, Erb’s palsy is still caused by inappropriate actions on the part of the attending medical personnel, but it is important to be aware that there are some rare times where the damage is a result of other circumstances during a very difficult birth.
This is where having experienced medical malpractice attorney can be a lifesaver. That attorney will understand the process of birth, what was supposed to happen, what can go wrong, and will be able to talk to the types of specialists who will be able take a look at your situation and let you know if you have a legal case.
The Burden of Proof in Your Case
Whenever you are dealing with a medical malpractice suit in civil court, there is a burden on your side to prove that medical malpractice took place and resulted directly in damage. When it comes to Erb’s palsy, the fact that it is an injury that almost always occurs due to improper technique is a definite plus for the plaintiff.
On the other hand, since these injuries usually occur during a difficult birth, there are times where there is another factor in play that caused the doctor to make the decision to act, because he or she believed the baby’s life might be in danger or a worse injury was in play if something wasn’t done quickly. If this is seen as a reasonable risk, then there might not be any compensation at the end of the case.
This is where Erb’s palsy cases can get tricky, since a lot can depend on the situation that was occurring while the baby was being born, not to mention the extent of the injuries that the child suffered. If there are smaller injuries, in many cases it will be harder to get a settlement or at least harder to get a large settlement.
So What Should You Look for in an Attorney?
If you find yourself in the unfortunate situation of needing to deal with an Erb’s palsy legal case, you want a medical malpractice attorney with a lot of courtroom experience. The more experience your attorney has with this specific type of injury, the better off you are.
Look for a trustworthy attorney you feel comfortable with, and then let them handle the legal side of things as you work to help support your child and your child’s physical rehabilitation.