Erb’s Palsy and Brachial Plexus Injuries: Legal Options for Parents

Parents Whose Children Suffer Erb’s Palsy and Brachial Plexus Injuries May Be Able To Recover Damages Through A Civil Claim

Despite continued advancements in modern medicine, birth injuries remain a common occurrence. According to NCH stats, “Birth injuries are more prevalent in males than females, often due to their larger size. 80% of birth injuries are classified as moderate to severe, while only 20% are considered minor. Birth injuries contribute to 20% of the 20,000 infant deaths in the U.S. each year.” These injuries can cause lasting physical and neurological disabilities that dramatically impact a child’s quality of life. Among the most serious birth injuries are Erb’s palsy and brachial plexus injuries. The parents of children who suffer from birth injuries will usually have legal recourse through a legal action.

What are Erb’s Palsy and Brachial Plexus Injuries?

Erb’s palsy and brachial plexus injuries are injuries that impact an upper group of arm nerves. They can result in numerous forms of trauma to a child’s arm. This includes paralysis of the arm, limited range of motion, and atrophy.

Common Causes of Erb’s Palsy and Brachial Plexus Injuries

Erb’s palsy and brachial plexus injuries are typically the result of excessive pulling around a baby’s neck during delivery. This may occur from improper use of medical forceps. Several risk factors increase the odds of these injuries.

• The baby’s head may become stuck around the mother’s pelvic bone.
• Babies that are heavier are more at risk.
• Prolonged labor is another common risk factor.
• The baby is positioned to come out feet first.

Even when these risk factors are present, Erb’s palsy and brachial plexus injuries are still preventable in many situations. Though this may not always be the case, these injuries are highly indicative of negligence on the part of medical professionals.

What Constitutes Medical Malpractice for Birth Injuries?

Medical malpractice doesn’t necessarily occur whenever there is a negative outcome in a healthcare setting. Medical malpractice occurs when a hospital causes injury to their patient through a negligent act or omission. There is no single standard for how a healthcare provider should act in different settings. Malpractice occurs when a healthcare provider deviates from what a reasonable provider would have done in a similar setting.

Steps to Take After a Birth Injury

If your child has been diagnosed with Erb’s palsy or another brachial plexus injury, it’s important that certain steps are taken to preserve the rights and well-being of your child.

• Request a copy of all of the medical records associated with your child’s birth.
• Consult with an experienced birth injury attorney.
• File a legal claim within the statute of limitations.

Even if you’re not sure that your child has been injured, it is still important to take action. Seek the guidance of an experienced physician who will be able to diagnose your child.

Getting Legal Help With a Birth Injury Claim

Birth injuries can have a profound impact on the child and their entire family. They often require extended physical therapy and costly medical interventions. Even the best of these procedures are often unable to save children from the effects of long-term disability. This is why it is so important that parents of children affected by Erb’s Palsy or another brachial plexus injury hire an experienced attorney.

Has your child been diagnosed with Erb’s palsy or another brachial plexus injury? Your family may be entitled to compensation. Our team of highly experienced birth injury attorneys at GLK Law is here for you. We are committed to helping victims of medical malpractice get the justice that they deserve. In fact, we have recovered over $1 billion for our deserving clients. Whether you just have legal questions or need any type of support, we are here for you. You can reach out to us anytime at (516) 908-9792.