Erb’s palsy is a type of medical condition which can cause weakness or full or partial paralysis of the upper arm. As an injury which involves damage to the brachial plexus nerves, a network of nerves located in the shoulder that controls arm movement, Erb’s palsy commonly results from stretching, tearing, and trauma during delivery. It is also regarded as a largely preventable injury with proper medical management.
If you have a potential case involving Erb’s palsy or any other brachial plexus or birth-related injury, exploring whether medical malpractice may be to blame is the first step in your legal journey. By placing your trust in Wagner Reese and our proven medical malpractice attorneys, you can learn more about your rights and options, and gain the support of unwavering advocates who can guide you toward the justice and financial compensation you deserve.
Why Wagner Reese?
- Proven Trial Attorneys: Over 120+ years of Combined Experience
- A Record of Success: Millions in Compensation Recovered
- Award-Winning Team: Recognized Indiana Super Lawyers®
- Contingency Fees: No Up-Front Charges, No Fee Unless We Win
Discuss your potential case with an attorney from Wagner Reese. Call (888) 204-8440 or contact us online for a FREE case evaluation. Our firm serves clients throughout Indiana & Illinois.
Is Medical Malpractice to Blame?
While childbirth is not without risks, Erb’s palsy can and should be prevented under many circumstances, especially when doctors and nurses deliver the quality and competent care required of their profession. This includes providing acceptable care during pregnancy and in response to pregnancy-related complications, and during the when handling labor, delivery, and various complications that may arise during birth.
Unfortunately, not every medical professional in whom we place our trust upholds their “duty of care.” Some commit mistakes and acts of medical negligence that lead to preventable and sometimes devastating injuries. This is known as medical malpractice, and if it is the underlying cause of your child’s injuries, you may be entitled to a financial recovery of your damages, including the pain and suffering, past and future expenses, and emotional injuries you and your child incur.
In birth injury lawsuits involving Erb’s palsy and brachial plexus injuries, there are a number of risk factors and forms of medical malpractice that may be involved. Examples include:
- Failures to identify and address potential risk factors and complications during pregnancy, such as multiple or large babies, maternal obesity, gestational diabetes, previous births involving brachial plexus injuries, and abnormal fetus positioning, among others.
- Shoulder dystocia, a delivery complication which occurs when a baby’s shoulder becomes stuck behind the pelvic bone, and the negligence of medical professionals when responding (i.e. improper manipulation, using excessive force, etc.).
- Negligent use of medical devices during delivery, such as medical vacuum extractors or forceps
- Induced labor and improper use of labor-inducing drugs (i.e. Pitocin)
- Delayed C-sections or failures to perform a C-section
- Failures to respond appropriately to other labor and delivery complications
These and other medical mistakes can cause varying degrees of brachial plexus injuries, including Erb’s palsy and a condition known as Klumpke’s palsy, which primarily affects the lower arm and hand rather than the upper arm. Common signs and symptoms include abnormal movement and atrophy of the arm, limited sensation and coordination of the affected arm, broken bones (i.e. collar bone or upper arm bone), and limpness or hanging of the arm from the shoulder.
These symptoms can create long-term challenges and limitations for children, and may result in costly medical treatment, long-term medical monitoring, increased risks of infections and other medical conditions, and other economic and non-economic damages for children and their parents. Birth injury lawsuits provide an opportunity to recover these damages, which is why it is so important that families work with knowledgeable malpractice attorneys who can maximize their opportunity for securing needed compensation.
Call (888) 204-8440 to Request a FREE Case Evaluation
Wagner Reese has been fighting for victims and families across Indiana for more than two decades, and has secured millions of dollars in compensation on their behalves. Because there are time limits in place for filing a medical malpractice claim (known as the statute of limitations), and because prompt action is helpful for investigations, we encourage families to consult our team as soon as possible. Our lawyers are standing by to help, and are readily available to discuss your case and the next steps.
Contact us to request your FREE consultation.