Welcoming a new child into the world should be a time of joy and celebration. However, when birth complications lead to conditions like Erb’s palsy, families may face unexpected challenges and uncertainties.
Families who have a child born with these types of injuries may have a claim for medical malpractice. Speaking with an experienced Las Cruces Erb’s palsy lawyer as soon as possible is crucial to discuss your legal options.
At Poulos & Coates, LLP, our experienced birth injury lawyers provide skilled legal counsel to families affected by birth injuries such as Erb’s palsy.
Our team, which includes a medical doctor and a nurse on staff, is well-equipped to evaluate the details of your case and help you determine whether you have a malpractice case.
To get started, please contact our team right away.
What is Erb’s Palsy?
Erb’s palsy is a form of brachial plexus injury that occurs when the nerves in a baby’s neck are stretched, torn, or compressed during childbirth. The brachial plexus is a network of nerves that sends signals from the spine to the shoulder, arm, and hand.
This condition primarily affects the upper arm and can result in weakness, loss of feeling, or even paralysis in the affected arm. Any damage sustained can significantly impact a child’s ability to move their arm properly.
These injuries often occur during difficult deliveries, such as those involving a breech presentation, prolonged labor, or the need for delivery assistance tools like forceps or vacuum extractors.
Understanding the circumstances leading to such outcomes is crucial for parents seeking legal compensation. It is a complex condition and requires thorough medical evaluation.
Recognizing Erb’s Palsy Symptoms
Symptoms can vary from mild to severe, depending on the extent of the nerve injury. Early recognition is crucial for timely intervention and treatment, which can significantly improve outcomes for affected infants.
Here are some common symptoms that parents and caregivers should be aware of:
- Arm weakness. The most common sign of Erb’s palsy is a noticeable weakness in one arm. The affected arm may hang limply at the infant’s side with minimal or no movement.
- Loss of sensory function. Babies with this condition may not respond to touch on their affected arm, indicating a loss of sensory functions.
- Partial or full paralysis. In severe cases of Erb’s palsy, the infant may have partial or complete paralysis of the affected arm.
- Abnormal muscle contractions. Sometimes, infants may display awkward postures or movements due to muscle contractions in the affected arm.
- Decreased grip strength on the affected side. Infants with Erb’s palsy often have a weaker grip on the side of the injury, which you might notice during routine care and interactions.
Recognizing Erb’s palsy symptoms early on allows parents to seek prompt medical and therapeutic interventions that can improve the odds of recovery. Getting a diagnosis is also important should the injury result from medical negligence.
Erb’s Palsy Treatment Options
Effective management of Erb’s palsy typically involves a multidisciplinary approach that may include medical treatment, physical therapy, and, in some cases, surgery.
- Physical therapy. PT is the cornerstone of treatment for Erb’s palsy. Physical therapists design specific exercises to strengthen the arm, improve flexibility, and maintain the range of motion. Therapists often teach these exercises to parents so they can continue therapy at home.
- Occupational therapy. Occupational therapy may help a child learn how to integrate the affected arm into their daily activities. This type of therapy aids in improving fine motor skills and ensuring that the child can perform daily tasks as independently as possible.
- Surgical intervention. For severe cases where physical therapy does not yield sufficient improvement, surgery might be necessary. Surgical options include nerve grafts or transfers to repair the damaged brachial plexus.
- Regular monitoring and evaluation. Medical professionals must regularly assess your child to adapt the treatment plan as your child grows and develops. These regular check-ups ensure that the treatments effectively meet the child’s needs.
Parents exploring Erb’s palsy treatment options should work closely with their child’s healthcare team to understand the best strategies tailored to their child’s condition. Additionally, legal advice may be necessary if the injury resulted from complications or errors during delivery.
Erb’s Palsy Lawsuits
When Erb’s palsy results from preventable errors during childbirth, families may have legal recourse to seek compensation. Understanding your rights and the legal aspects involved in birth injury claims is crucial so you can decide whether it’s worth filing a claim.
- Identifying medical negligence. A successful claim must demonstrate that the healthcare provider deviated from the standard of care typically expected in similar situations. That could involve improper use of delivery tools, failure to respond to fetal distress, or inadequate handling of a complicated delivery.
- Gathering evidence. Medical records, expert testimony, and detailed accounts of the delivery process are essential components in building a solid legal case. These pieces of evidence will support your claims that the injury was avoidable and directly caused by the actions or inactions of medical staff.
- Statute of limitations. Speak with a lawyer immediately, as there are legal deadlines for filing medical malpractice lawsuits. The deadline in New Mexico is typically three years from the injury date. However, before filing a lawsuit, you must submit your case to the New Mexico Medical Review Commission.
- Potential compensation. Compensation in Erb’s palsy lawsuits can cover medical expenses, ongoing care costs, pain and suffering, and potentially punitive damages.
Pursuing a medical malpractice claim can be complex and emotionally taxing, which is why we recommend consulting with an experienced Erb’s palsy lawyer. An attorney can provide guidance, represent your interests, and help secure the compensation necessary to support your child’s recovery and future needs.
Why Choose a Las Cruces Birth Injury Lawyer
When dealing with a birth injury as complex and sensitive as Erb’s palsy, hiring an experienced attorney is essential. Here’s why choosing a Las Cruces birth injury lawyer at Poulos & Coates, LLP can be beneficial:
- Local experience. Local attorneys are familiar with New Mexico’s legal landscape, including state-specific laws and regulations regarding medical malpractice. This knowledge can be a significant advantage in litigation and dealing with local healthcare providers and insurance companies.
- Medical insight. Poulos & Coates, LLP is uniquely positioned with a medical doctor and a nurse on staff who can provide a comprehensive review of the medical aspects of your case. This insight is invaluable in effectively interpreting medical records and expert testimonies, crucial elements in birth injury lawsuits.
- Proven track record. With years of experience and a history of successful outcomes in medical malpractice claims, our team is well-equipped to handle the complexities of your case, giving you the best possible chance for a favorable outcome.
Choosing the right Erb’s palsy lawyer can make a significant difference in the outcome of your case. With Poulos & Coates, LLP, you gain not only a legal advocate but also a team that understands the profound impact of your child’s injury.
Contact a Las Cruces Erb’s Palsy Lawyer at Poulos & Coates
At Poulos & Coates, LLP, we combine legal skills with medical insight to provide unparalleled support to families facing the challenges of birth injuries.
If you believe your child’s Erb’s palsy is the result of medical negligence, don’t hesitate to reach out to us. We’re here to help you explore your legal options and fight for the justice you deserve to support your child’s future.