Louisville Erb's Palsy Attorney

After your child’s birth, you want to make sure they are happy and healthy. But sometimes, mistakes by the medical staff can lead to severe injury, such as Erb’s palsy. In these cases, you may have the right to take legal action If it can be proven that a doctor or other medical professional was negligent during the labor and delivery process.

To take legal action, you need a dedicated and experienced Louisville Erb’s palsy lawyer on your side. At McCoy & Hiestand, PLC, we are here to help you through this challenging time. Contact us today to discover the next steps in your potential case.

According to the Cleveland Clinic, Erb’s palsy happens in 0.9 to 2.6 per 1,000 live births, or nearly 12,000 cases per year. Erb’s palsy can develop from an injury to the brachial plexus, a set of nerves in the neck that controls the shoulder, arm, and hand muscles. Often, this injury occurs during childbirth. Many times, this can result in:

• Weakness or paralysis in the affected arm: The arm may often hang limp and lack normal movement. In these cases, the shoulder and upper arm muscles are affected, making it difficult or impossible for the child to move the shoulder or flex the elbow.
• Limited range of motion: Infants will not be able to have full use of their affected arm. You may notice the arm is held close to the body with the elbow straight, the forearm is turned inward, or the wrist is bent.
• Loss of sensation: Numbness is another common symptom of Erb’s palsy. Usually, it can range from a mild reduction in sensitivity to a complete loss of feeling. Babies experiencing this may be unable to feel pain, temperature, or touch in the affected limb.
• Atrophy of the arm muscles: Since the muscle cannot be moved, it could lead to atrophy due to lack of use. Sometimes, you may see a noticeable difference in the size of the affected arm compared to the unaffected one.
• Impaired reflexes: Since there is nerve damage, the muscles will not react to stimuli. This is often one of the earliest signs of Erb’s palsy.
• Difficulty with fine motor skills: Some injuries can lead to problems with picking up or holding objects with the affected hand. Children with Erb’s palsy may experience delays in reaching motor milestones, such as crawling, pulling themselves up, or walking, due to weakness in the affected arm.

In some cases, children with Erb’s palsy can make a recovery. However, they will need extensive medical treatment and rehabilitation to live a healthy life. Remember that long-term functional impairments may remain throughout their lives in severe cases. They can face issues involving permanent weakness, loss of movement, or chronic pain. Not only can these issues lead to an impact on daily activities, but they could require ongoing physical therapy, occupational therapy, or surgical intervention.

Many times, Erb’s palsy does not just happen; it is the result of poor medical care during the delivery of the child. In these cases, you may be able to recover compensation from the responsible parties. Contact a Louisville Erb’s palsy attorney to discover your legal options.

Most birth injuries, including Erb’s palsy and cerebral palsy, happen due to injuries suffered during labor or shortly after birth. Sometimes, these are the result of negligent mistakes. In these cases, several parties may be held liable for the injuries and resulting damages. They can include:

• Obstetricians
• Primary physicians
• Nurses
• Nursing assistants
• Anesthesiologists
• Surgery assistants
• Prenatal care providers
• Hospital or medical facility
• Medical equipment manufacturers

While many of these parties can be liable for damages related to Erb’s palsy, you do need to prove that negligence occurred. All medical professionals owe a duty of care to the patient. In these cases, they are required to provide a standard level of care during the delivery process.

When they fail to meet the expected standard of care, either through action or inaction, that is considered a breach of that duty. In this situation, the breach of duty directly caused the injury, leading to the development of Erb’s palsy in the newborn. As a result, the injury caused medical expenses, pain and suffering, and the need for ongoing care or rehabilitation. Compensation for these damages can be recovered in a birth injury lawsuit.

If your child has been affected by inadequate medical care or medical negligence, then you might be able to collect damages from the responsible parties. Contact a Louisville Erb’s palsy lawyer for a consultation regarding your potential legal claim.

If you believe that your child’s birth injury is the result of medical negligence or malpractice during childbirth, then make sure to talk to a Louisville Erb’s palsy attorney.

At McCoy & Hiestand, PLC, we can assess the specifics of your case and help you determine if legal action is possible. Along with that, we are here to provide you with much-needed support during a challenging time. Find out how we can assist with a free initial consultation.