Putting Our Knowledge And Experience To Work
Ohio and Northern Kentucky Attorneys for Erb’s Palsy Birth Injuries
The birthing process should be one filled with magic and excitement, and though temporary pain is likely inevitable for the mother, no one expects this moment to bring lasting pain for the family. Unfortunately, a preventable birth injury like Erb’s palsy can bring just that for both the mother and child.
To all patients, every healthcare professional owes a duty of care, and when that obligation is breached, detrimental errors may result. We at TLF: The Medical Injury Law Firm are aware of the severe consequences that birth injuries like Erb’s palsy can have on many families. That’s why, when you are faced with a birth injury, our Ohio and Northern Kentucky birth injury lawyers want to assist you in pursuing financial compensation from all accountable parties. Call (800) 698-4054 to talk with a knowledgeable Cincinnati and Northern Kentucky medical malpractice attorney during a free consultation and see how we can help you with your Erb’s palsy birth injury claim today.
What is Erb’s Palsy?
Erb’s palsy, formally known as Erb-Duchenne paralysis, is one of the most common birth injuries caused by medical negligence. Erb’s palsy occurs when a child suffers nerve damage to the upper trunk of the brachial plexus during the birth process, causing paralysis of the arm. This medical condition is often entirely preventable and caused by an act of negligence on behalf of a medical professional. As such, Erb’s palsy birth injuries may be compensable through a birth injury lawsuit filed against the responsible medical professionals.
Erb’s Palsy vs. Cerebral Palsy
Though they are both traumatic injuries and common types of birth injury claims, cerebral palsy and Erb’s palsy are not one and the same. The neurological condition known as cerebral palsy, or CP, can impair a person’s ability to regulate their muscles and is defined by abnormalities of movement, muscle tone, or posture. It is often brought on by brain injuries to the baby’s head during birth and has a long-term negative impact on a child’s ability to move and coordinate their muscles. However, unlike Erb’s palsy, cerebral palsy does not always occur during labor and delivery. It can also occur during pregnancy or even within the first 2 to 3 years of a child’s life.
In many cases, the cause of cerebral palsy can likely be attributed to one of the following factors:
- Premature birth
- An infection in the baby’s brain, such as meningitis
- A lack of blood flow, oxygen, or other nutrients before or during birth
- A traumatic head injury
- A doctor failed to monitor things like heart rate, oxygen levels, and vital signs
- Failure to perform a C-section
- Improper medical response to fetal distress
What Causes Erb’s Palsy Injuries?
There are a lot of different things that may go wrong during labor and delivery, but brachial plexus birth injuries leading to Erb’s palsy are among the most frequent ones. The feeling and functionality of the hands, arms, shoulders, and chest are controlled by the brachial plexus, a group of nerves that runs between the neck and shoulder. Any harm to this intricate network of nerves may cause permanent paralysis or disability.
With this in mind, Erb’s palsy is most commonly caused by traumatic force. This includes:
- Forceps injuries
- Using too much force pulling on an infant’s shoulders during delivery
- Using too much force pulling on an infant’s head and/or neck
- Using too much force pulling on an infant’s feet during a breech delivery
Shoulder dystocia is another common cause of Erb’s Palsy. Shoulder dystocia occurs when the baby’s head is outside the birth canal, but the baby’s shoulder gets stuck behind the mother’s pelvic bone.
Birth injury victims of Erb’s palsy may suffer lifelong disability and have trouble reaching developmental milestones. If any of the above situations occurred during labor and delivery and your child suffers Erb’s palsy as a result, an Ohio or Kentucky birth injury lawyer from our law firm can help you file a medical malpractice claim against all those responsible.
Additional Risk Factors
There are many risk factors associated with Erb’s palsy and brachial plexus injuries in general, including but not limited to:
- Large baby (or large relative to the birth canal)
- Gestational diabetes
- Overweight mother
- Poor neck development in baby
Erb’s Palsy Medical Malpractice Cases
All medical professionals have a duty of administering the proper care to their patients. If a medical decision or action is made that another competent medical professional would not have made in the same or similar circumstances and it leads to your child’s birth injury, you may have a birth injury lawsuit on your hands. Like any medical malpractice lawsuit, our Northern Kentucky and Ohio birth injury lawyers at TLF can help recover compensation for the following losses and damages:
- Lost income
- Past and future medical expenses including:
- Doctor visits
- Corrective surgeries
- Medical aids and devices to assist the child in daily life
- Physical therapy
- Occupational therapy
- In-home care for the child
- And more
To learn more about the potential of your claim, call our birth injury lawyers at The Lawrence Firm today.
Why You Need an Experienced Erb’s Palsy Lawyer From TLF
Parents frequently find it very challenging to determine if a doctor or other healthcare professional violated the agreed standard of care which resulted in a preventable birth injury. This judgment often requires consulting with experienced birth injury attorneys who are knowledgeable about these sorts of cases as well as an independent medical assessment of the associated medical records. A knowledgeable Ohio and Northern Kentucky birth injury attorney from our firm can help you assert your legal rights and hold negligent parties accountable for your child’s birth injury leading to an Erb’s palsy diagnosis. Your attorney will consider both your child’s short-term and long-term needs throughout his or her life and make sure you receive maximum compensation to provide the appropriate care for your child’s injury.
If you plan to file a medical malpractice claim on behalf of your child, it is important that you do so within the legal statute of limitations in your state. In both Kentucky and Ohio, the statute of limitations for birth injury claims is typically one year from the date of the birth injury, though the statute of limitations is likely tolled or paused until your child reaches the age of 18. An Ohio and Kentucky birth injury lawyer from TLF can make sure your claim is filed in the appropriate amount of time and that you receive what you are entitled to following such an act of medical negligence.
Call TLF: The Medical Injury Law Firm For Your Erb’s Palsy Case Today
Birth injury lawsuits can be difficult to navigate, and it’s imperative that you have someone on your side with decades of experience handling birth injury cases like yours. At TLF: The Medical Injury Law Firm, we have handled numerous birth injury claims relating to Erb’s palsy and other medical malpractice claims, meaning we know what it takes to ensure the appropriate party is held legally responsible and our client is fairly compensated for the losses they are faced with in the wake of such a preventable injury.
If you believe you have a birth injury claim for Erb’s palsy, call our Kentucky law office at (859) 578-9130, our Ohio law office at (513) 651-4130, or toll-free at (800) 698-4054. You can also reach out to us online for your free consultation today.
You Pay No Fees Unless We Win!
We are happy to offer a free consultation to evaluate your case. If you hire us as your legal counsel, we will represent you on a contingency-fee basis. You will pay no attorneys’ fees unless we recover financial damages.