Erb’s Palsy Lawsuit
An Erb’s palsy lawyer in Philadelphia can help you get compensation if your child suffered brachial plexus injury due to medical malpractice.
If medical negligence resulted in your child’s being diagnosed with Erb’s palsy, you may have grounds to bring a lawsuit to receive compensation.
When you entrust the birth of your child to a medical professional, you expect every precaution to be taken to enable your infant to be born without complications or injuries. When this does not happen and your child suffers injuries such as Erb’s palsy due to negligence or mistakes made by medical professionals, the responsible parties can be held liable through an Erb’s palsy medical malpractice lawsuit.
The life-long consequences and costs of care your child could face due to Erb’s palsy can be overwhelming. While money can never fully compensate for your child’s suffering, a fair settlement can take the financial burden off you and allow you to provide your child with the best medical treatment, educational opportunities, and special care.
Pennsylvania medical malpractice law is complicated, and not all mistake or injuries that occur at birth are due to malpractice. Medical professionals and their insurers have high-powered lawyers on their side who will try to claim that malpractice was not involved or get you to accept the lowest amount possible. This is something you should not try to fight on your own.
The medical malpractice attorneys at Wapner Newman know the tactics defendant’s lawyers and insurers use and how to fight for justice and the benefits you deserve. If you believe your child’s Erb’s palsy was the result of medical malpractice or medical negligence, please contact Wapner Newman today to schedule a free initial consultation with an experienced Philadelphia birth injury lawyer to determine the best way to help. We work on a contingency basis, so there is no cost to you unless and until we win your case.
Wapner Newman serves birth injury victims throughout Pennsylvania and New Jersey, with offices in Philadelphia, West Conshohocken, Allentown, and Marlton.
CALL FOR A FREE CONSULTATION AT (215) 569-0900 TODAY
Erb’s Palsy Attorney Explains How Medical Negligence Can Cause Erb’s Palsy
Erb’s palsy may result if doctors fail to account for risks during delivery.
Erb’s palsy is a birth injury that occurs when a portion of the baby’s brachial plexus, a group of nerves that extend from the spinal cord in the neck, is damaged during delivery. These nerves help control the movement of the shoulder, arm, hand, and fingers, so an injury to these nerves can result in paralysis or weakness in the shoulder, arm, or hand.
Commonly, Erb’s palsy arises from shoulder dystocia – a delivery complication in which the shoulders of the child have difficulty passing below the mother’s pubic symphysis, the joint centered between the pubic bones, during birth.
In both this and other instances of fetal distress, there are a number of methods your doctor can and should use to protect the health and safety of your baby during delivery. Doctors need to be aware of the existence of factors that place your baby at a higher risk for Erb’s palsy, such as a large infant size, high birth weight, or a small maternal size. Your doctor has a duty to account for these risk factors and make adjustments, such as doing a Caesarean section to avoid complications. When doctors fail to act to avoid complications or use excessive force that pulls on the baby’s shoulder or legs, and a brachial plexus injury occurs as a result, our birth injury attorney in Philadelphia will fight to get you compensation.
How Our Erb’s Palsy Lawyers Work to Win Your Case
Winning your case requires proving negligence.
Medical malpractice is the area of law that covers negligence committed by healthcare providers which results in harm to patients. Negligence is more than a mistake or an unplanned outcome. To show that a healthcare provider was negligent, our attorneys must show that the provider breached or violated the standard of care and caused harm. In order to shield healthcare providers from false claims, Pennsylvania law requires more proof than for a standard personal injury case.
Our Erb’s palsy lawyers must prove:
- The standard of care in the medical community for which the medical professional’s treatment should be measured
- The existence of a doctor-patient relationship
- Duty — The doctor had a duty not to cause harm.
- Breach of duty – The doctor was negligent and deviated from the standard of care by actions or failure to act
- Cause – This breach caused the injury.
- Damages – You and your child suffered damages as a result.
When you come to the birth injury lawyers in Philadelphia at Wapner Newman for assistance with your child’s Erb’s palsy claim, our medical malpractice lawyers in Pennsylvania will look at the full extent of damages caused by your child’s injury. Your family deserves compensation for both the medical and emotional injuries caused by this avoidable condition. Our experienced personal injury lawyers in Pennsylvania will work tirelessly to ensure you are awarded the full compensation you are due.
Our lawyers will:
- Meet with you to discuss what happened, determine whether there was negligence involved, and estimate what a fair settlement would be.
- Gather evidence to prove your case by obtaining medical records, photographs and videos, and eyewitness statements
- Work with expert witnesses to determine where there was malpractice and testify on your behalf
- Negotiate with insurance companies for a fair settlement
- Build your case and take it to court to present the facts in front of a judge and jury if necessary.
Call us today to get started (215) 569-0900
Erb’s Palsy Attorneys Answer Frequently Asked Questions
Dealing with an injury to a newborn is stressful, and it’s natural to have questions. Here are some answers to questions our clients often ask.
Settlement amounts vary greatly, depending on the individual circumstances involved and the severity and permanence of the injury. It is estimated that one out of every ten children who suffers from Erb’s palsy will require some form of intensive medical treatment. In some instances, simple exercises and rehabilitative treatments are sufficient to restore function to the child’s arms. In many others, surgical intervention is required to ensure the child will not suffer life-long consequences from this injury.
Medical intervention, no matter how minimal, is extremely expensive. Nerve regeneration is required to restore function to the child’s arms and hands, and this can take months or even years. In the meantime, the child’s ability to feed himself and to perform basic developmental functions will be greatly impaired. This can cause both an emotional and physical strain on a child and result in suffering that extends beyond financial concerns for an entire family.
In a successful case, you may be awarded a damage amount to cover:
- Pain and suffering
- Payment for past and future medical and rehabilitation costs
- Costs of in-home care
- The child’s reduced enjoyment of life
- The child’s reduced future earnings.
- Numbness, weakness or even paralysis and inability to move the arm or shoulder
- An arm that appears bent inward toward the body or appears limp
- Weak or absent reflexes and motor function in the arm
- Lack of sensation in the arm or hand
- Loss of control of the muscles in the arm, hand, or wrist
- Lack of grip strength
- Slowed development and reduced size of the arm
- Impaired circulatory, muscular, and nervous development.
When your child suffers from a birth injury, your doctor may simply chalk it up to “complications” during delivery. While this is sometimes true, that can also be a convenient way to divert responsibility. When you contact Wapner Newman regarding your child’s birth injury, our experienced Philadelphia medical malpractice lawyers will conduct a thorough investigation to help determine whether negligence was the cause of the injury.
Generally, if it is discovered that your child has Erb’s palsy, your doctor will recommend non-surgical treatment, such as physical therapy. If there is no improvement within three to six months following physical therapy, your doctor may recommend surgery. It can take several months following surgery to determine whether the procedure was successful, and the type of brachial plexus injury typically determines the outcome. As a parent, you can be left with mounting medical bills associated with your child’s treatment and care. Your child can suffer lifelong weakness in the shoulder, arm, and hand.
Children who suffer birth injuries will often require a lifetime of expensive medical treatment. This will be a primary consideration in your birth injury lawsuit. Your family should not be forced to shoulder the financial burden of these medical expenses. Our personal injury lawyers will fight to ensure that you are properly compensated and that all of your child’s future medical expenses are covered.
Call Our Experienced Philadelphia Erb’s Palsy lawyers for Help
When you come to Wapner Newman for assistance with your child’s Erb’s palsy claim, our medical malpractice lawyers in Pennsylvania will look at the full extent of damages caused by your child’s injury. Your family deserves compensation for both the medical and emotional injuries caused by this avoidable condition. Our experienced personal injury lawyers in Pennsylvania will work tirelessly to ensure you are awarded the full compensation you are due.
If your child has suffered a brachial plexus birth injury in Philadelphia, Allentown or anywhere in Pennsylvania or New Jersey, please contact Wapner Newman today to schedule a free initial consultation with a birth injury attorney. Our firm has offices in Philadelphia, West Conshohocken, Allentown, and Marlton.
Call now for a free consultation at (215) 569-0900