Who Is at Fault When a Child Suffers Erb’s Palsy During Birth?

The birth of a child is a momentous occasion filled with joy and anticipation. However, in some cases, this joy can turn into despair when a child suffers from a birth injury such as Erb’s Palsy.

Erb’s Palsy is a condition that can result from medical negligence during childbirth, leaving the parents and child to deal with the consequences, like pain, costly medical procedures, and long-term rehabilitation.

If your child suffers from Erb’s Palsy, our Michigan birth injury lawyers at Fieger Law can investigate your case, determine if it was caused by medical negligence, and help you pursue compensation.

What Is Erb’s Palsy?

Erb’s Palsy, also known as brachial plexus birth palsy, is a condition resulting from nerve damage. It occurs during birth when the nerves near the neck and shoulder, the brachial plexus, are excessively stretched. This stretching can lead to nerve damage in the baby, affecting the arm.

Erb’s Palsy can leave your baby with weakness or paralysis in the affected arm. This can result in mobility challenges and require ongoing physical therapy or surgery to improve function. Families must often seek specialized medical care and support the child through lengthy rehabilitation processes, which can take a mental and financial toll.

Our skilled Erb’s Palsy attorneys at Fieger Law have the experience necessary to help you with your case. We can assess your family’s long-term damages and pursue a settlement to compensate for your emotional and financial losses.

Medical Negligence That Can Cause Erb’s Palsy During Birth

Erb’s Palsy can occur when appropriate medical care isn’t provided during labor and delivery. This can happen in situations such as:

• Excessive Force During Delivery: When a healthcare provider exerts excessive force on the baby’s head, neck, or shoulders during delivery, it can lead to nerve damage and Erb’s Palsy. This can occur if the baby gets trapped in the birth canal and the healthcare provider improperly uses forceps or vacuum extraction.
• Failure to Identify Risk Factors: Healthcare providers have a duty to assess and identify risk factors that may increase the likelihood of Erb’s Palsy, such as a large baby or a breech birth. Failure to recognize these risk factors and take appropriate precautions can be considered negligence.
• Incorrect Positioning: Improper positioning of the baby during delivery, such as pulling the baby’s head too forcefully or twisting the neck, can result in brachial plexus injuries and Erb’s Palsy.
• Delayed C-Section: A timely C-section may be necessary to avoid birth complications. Failure to perform a C-section when indicated, such as in cases of fetal distress or shoulder dystocia, can lead to Erb’s Palsy.

At Fieger Law, we can review medical records and hospital procedures to determine what caused your child’s birth injury and hold the provider accountable in a civil lawsuit.

How to Prove Your Child’s Birth Injury Was Due to Medical Malpractice

Erb’s Palsy is one of the most common birth defects in the United States, affecting 12,000 newborns every year. To build a case for medical malpractice, you need to demonstrate several key elements:

• Duty of Care: Show that the healthcare provider had a responsibility to provide care for you and your baby during childbirth. This involves delivering medical care that aligns with the expected standards of a skilled healthcare professional.
• Breach of Duty: Prove that the healthcare provider did not fulfill their duty by not meeting the necessary standard of care. In cases of Erb’s Palsy, this could include behaviors like using too much force, not recognizing risk factors, or incorrect positioning during the delivery.
• Causation: Establish a clear link between the healthcare provider’s actions and the child’s Erb’s Palsy. Negligence should be identified as the primary cause of the injury.
• Damages: For a medical malpractice claim to be valid, there needs to be tangible harm caused by the injury. In instances of Erb’s Palsy, damages may include medical bills, pain and suffering, and the expenses of continuous therapy and treatment.

Showing that medical malpractice occurred is complicated and needs evidence from medical experts and detailed health records. A skilled lawyer from Fieger Law can help you collect this evidence and work with medical experts to prove your medical malpractice case.

How Our Attorneys Can Help with Your Case

Hiring a lawyer for your child’s Erb’s Palsy case can be vital in securing the compensation your family deserves. Our team at Fieger Law has over seven decades of experience handling medical malpractice cases and can do the following on your behalf:

• Expert Medical Analysis: Fieger Law has access to a network of medical experts who can thoroughly review your case and provide testimony. These experts can explain how the healthcare provider’s actions deviated from the standard of care and caused Erb’s Palsy.
• Investigation and Evidence Gathering: Our attorneys conduct a careful investigation to gather all relevant evidence, including medical records, witness statements, and expert opinions, to build a strong case in your favor.
• Negotiation and Litigation: We can negotiate with the healthcare provider’s insurance company to secure a fair settlement. If a settlement cannot be reached, we are prepared to take the case to court and advocate for your rights before a judge and jury.
• Compassionate Support: Our team understands the emotional toll that birth injuries like Erb’s Palsy can take on families. Fieger Law provides compassionate support to guide you through the legal process while you focus on your child’s well-being.

Contact a Skilled Birth Injury Attorney Today

When a child suffers from Erb’s Palsy due to medical negligence during birth, it is essential to hold the responsible healthcare provider accountable. Proving a medical malpractice case can be challenging, but with guidance from our experienced attorneys at Fieger Law, you can safeguard your child’s future.

If your child has been diagnosed with Erb’s Palsy and you believe it resulted from medical malpractice, reach out to our qualified attorneys. We can provide you with the support and legal representation you need to secure the compensation and care your child deserves.

Contact us today to schedule a consultation. We take on cases from anywhere in the U.S. and can help you take the first step toward seeking a fair settlement for your child’s birth injury.