When it comes to Erb's palsy, it's hard to ignore the tragedy of a newborn baby suffering an injury because of medical malpractice. While the stress of giving birth is hard enough, you hope that day ends with the joy of a completely healthy and happy newborn child. You certainly do not want to find yourself in a situation where tests have to be done so soon after birth because of a potential shoulder and arm injury.
Erb's palsy results from damage to the nerves in the upper shoulder. This damage has a negative effect going down the arm on that side of the body. This is usually in the form of pain, partial paralysis, or, in severe cases, even full paralysis. Depending on the severity of the injury, symptoms might be obvious immediately, or they may take much longer to show.
If the Erb's palsy is very mild, it may not even be caught until your child is old enough to communicate and let you know that one arm consistently hurts or feels funny.
Why You Need a Medical Malpractice Attorney
No matter what type of an injury you are dealing with, it is important to make sure you have an experienced and capable attorney who can fight for your legal rights. When it comes to an Erb's palsy case, there's an excellent chance that the damage was a result of an improper technique used by the doctor while tugging on the baby during the particularly difficult birth.
This means that in most Erb’s palsy cases, there is definitely the potential for some legal ramifications. However, there are often many complex issues that go into any medical malpractice suit that revolves around Erb's palsy.
One classic example is whether the doctor thought there was a potential damage that would occur to the baby if the birthing process wasn't sped up, or if there are issues with either the baby or the mother having their life in danger. In these cases, it might be conceivable that, although improper technique might have caused Erb's palsy, the doctor was justified based on other factors going on with the birth.
There are also some very rare occasions where the Erb's palsy is not the fault of the medical staff, but is the result of the baby being caught on the mom's pelvis or a large baby being just too large for smooth birth through the mother's birth canal. These cases are definitely in the minority of situations, but they exist often enough. You need a good attorney to help guide you in such situations.
What Are the Settlement Numbers for Erb's Palsy Settlements?
The potential settlements for medical malpractice suits involving Erb's palsy can vary greatly, with different factors including the degree of negligence on the part of the medical staff and the degree of injury the child suffered as a result.
A quality attorney will fight for your right to compensation and will be able to clearly explain medical bills and cost of rehabilitation that goes along with severe Erb's palsy. In many cases, a hospital may try to settle out of court and be willing to cover many of the costs to avoid bad publicity. Your attorney will be able to tell you what the best course of action is.
In Conclusion
When it comes to dealing with Erb's palsy, there's a lot you need to keep in mind. However, the chances are you do have a good case, and a quality attorney will be able to walk you through the rest of the way.
