Atlanta Erb’s Palsy Lawyer
Because of the complex scientific nature of birth injury cases, it is important for the parents of victims to have an attorney who could help in numerous ways. An Atlanta Erb’s Palsy lawyer could work with you to establish if your claim warrants a lawsuit and, because of the technical nature of these cases, use cutting edge courtroom presentation technology to make it easy for a jury to process.
Information About Erb’s Palsy
Erb’s palsy is an injury that affects part of the brachial plexus, which is a branch of one’s spinal cord. Erb’s palsy disrupts the flow of nerves between the arm and the neck.
Probably the most common cause of Erb’s palsy is when one has a vaginal birth that is attempted with a large baby and as the baby is pushed through the birth canal. The subsequent damage is caused to the nerves and the baby’s shoulder. Pulling or tugging of the baby during a difficult delivery, often causes compression and damage to the nerves and the brachial plexus area, causing Erb’s palsy.
Fortunately, Erb’s palsy is treatable, depending on the severity. It may be treated either through physical therapy or in some cases surgery.
Symptoms of Erb’s Palsy
A symptom that indicates a child may suffer from Erb’s palsy is its inability to move an arm or shoulder. Sometimes a baby or a child would have an arm that is bent toward their body, and in some cases, they may have weak reflexes or no reflexes, a loss of feeling, pain in the shoulder or arm area, or a reduced grip.
Importance of Early Identification by Doctor, Nurse, or Midwife
It is very important that a medical professional inform the mother of signs of Erb’s palsy because it is something she may not be able to determine herself, and timely treatment is important.
There should be no excessive delay in informing the parents their child has Erb’s palsy because work needs to be done by a medical team to determine that they are dealing with the condition. The parents should be told as soon as Erb’s palsy is determined.
A Doctor’s Fault When a Child is Diagnosed with Erb’s Palsy
If a review of the case and expert testimony demonstrate that the Erb’s palsy was caused by some excessive pulling during the difficult delivery, or if an expert attests that the standard of care would have required a C-section because of the baby’s size, there are ways fault might be established. Doing so would show the doctor at the time of delivery should have diagnosed the condition before birth and avoided the potential for Erb’s palsy. The main steps doctors could take to avoid Erb’s palsy include:
- Recognizing the risks that are present, especially with larger babies,
- Practicing proper delivery techniques, and
- Use proper techniques to deliver the child.
For the parents of victims who have suffered due to negligence, it is wise to work with a team of attorneys who could rely on the testimony of an in-house doctor.
Evidence Required for Demonstrating Negligence in an Atlanta Medical Case
The evidence necessary to prove negligence includes witness testimony regarding the events leading up to the Erb’s palsy injury. Witnesses are those who could talk about what was happening during the delivery, how the doctor was manipulating the baby or what was being said about the size of the baby, and how big it was leading up to the delivery. The medical records would demonstrate that information and what the doctors and nurses knew, and expert testimony could discuss what the doctors did wrong, how the doctors or nurses violated the standard of care, and how that caused the Erb’s palsy.
Why Filing a Lawsuit Often Helps
The main benefit of filing a lawsuit is to recover the significant costs involved with physical therapy and surgeries that would be required for such a significant injury. To treat that requires steps of physical therapy, sometimes numerous surgeries, all costing a lot of money. That, and being able to provide for future care and treatment of the child are some of the benefits of filing a lawsuit. Medical costs, past, present, and future, for treatment of Erb’s palsy and related conditions, and damages for the loss of use of the affected limb, loss of service of that limb, and certainly pain and suffering are the damages available for recovery.
Importantly, and on average, such lawsuits take two to three years, but every case is different. Some are able to be concluded in a shorter period, and others, for various reasons, could take longer. Birth-injury cases are sometimes settled, but a law often prepares for trial regardless, and particularly in birth injury cases because the damages and medical costs are so significant.
Contact an Attorney Who Could Help
An experienced Atlanta Erb’s palsy lawyer should be contacted because these cases are important and should be handled by someone with experience, who knows the experts who can give testimony that is supportive of that type of case, and who could work with a team to put your needs at the forefront of a case. You need to contact a lawyer as soon as possible because of the statute of limitations for birth injury cases. The parents of victims have until their child turns seven to file a lawsuit. Call to speak directly to an attorney who takes calls after hours and for a free case review.
