28th Feb 2015
Erb’s palsy is a disorder that occurs during birth that results in paralysis or in milder cases, weakness of the arm of the affected baby. This condition is mostly a result of medical malpractice. Should you be in such a circumstance, you are entitled to enlist the help of an Erb’s palsy medical malpractice attorney to identify your legal options.
Typically, this condition occurs when the brachial plexus sustains a stretch injury. The brachial plexus is a network of nerves that is located close to the neck that branches out with the arm’s nerves. These nerves are responsible for the proper movement and feeling of the arms, hands and fingers, which this disorder impairs.
Infants with Erb’s palsy are usually subjected to months of treatment, and in the most severe cases, even surgery to regain the functionality of the affected arm. This can cause anguish and suffering to their parents, particularly if the injury was caused by medical malpractice. Erb’s palsy in such scenarios arises from the person who assisted the delivery exerting a lot of force to pull the baby through birth canal. Or in some cases the improper use of medical equipment like forceps or vacuums in a difficult delivery.
All these proceedings significantly heighten the risk of such a baby sustaining injuries that culminate in this condition. When the concerned health professional chooses not to take appropriate measures to avoid such kind of injuries like waiting too long to perform c-sections, they are legally held liable for medical malpractice.
Hence, should the circumstances of your child’s birth disturb you , you should seek assistance from a skilled and experienced Erb’s palsy medical malpractice attorney in the area you live in. The best of these lawyers have handled their fair share of such cases, and can be able to determine whether your child’s injury was a result of negligence on the part of the doctor.
While most injuries sustained from such circumstances resolve themselves within the child’s first year, about 10% require specialized treatment including exercise, therapy and in extreme scenarios, even surgery. This means that the concerned parents have to incur substantial medical bills in an effort to ensure their child regains the use of their arm. With this in mind the law has put in place provisions that such parents should receive a just compensation to offset these costs. This compensation also covers the pain, anguish and any other emotional suffering they may have been subjected to.
Once again it is important to consult a capable Erb’s palsy medical malpractice attorney if you go through such a misfortune. Most especially if you strongly suspect that you baby’s injury was a direct result of insufficient attention or carelessness of the healthcare professional that assisted the delivery. An experience lawyer who specializes in such cases will enable you to fully ascertain the exact cause of your child’s Erb’s palsy. The Law Offices of Payas, Payas, Payas LLP in Orlando, Florida specializes in these kind of lawsuits, and can effectually represent you in making the right compensation claim. This is an insight in this regard.