Erb’s palsy is a condition caused by damage to the nerves around the shoulder during childbirth, resulting in weakness or paralysis of the affected arm. It occurs due to excessive stretching or pulling of the baby’s head and neck during delivery.
A Philadelphia Erb’s palsy lawyer specializes in these birth injury cases. Erb’s palsy lawyers help families pursue legal action against responsible parties to secure compensation for medical expenses and other damages. They work diligently to analyze medical records, collaborate with experts, and craft persuasive legal arguments.
Ultimately, the goal of a Philadelphia Erb’s palsy lawyer is to support families affected by Erb’s palsy by seeking justice and financial relief.
What is Erb’s Palsy?
As mentioned above, Erb’s palsy is a condition that affects the movement and strength of the arm, usually stemming from birth trauma. It occurs when the nerves near the shoulder are injured during delivery, often due to excessive force. This can result in weakness, lack of muscle control, or paralysis of the affected arm.
There are different types of Erb’s palsy, depending on the severity of the nerve damage. Some people may experience mild weakness or limited mobility, while others may have more significant paralysis.
Mild Erb’s Palsy
The affected arm may have partial weakness or limited mobility in mild cases. People with mild Erb’s palsy typically still retain some ability to move the affected arm, although their strength and coordination may be reduced. This means they may be able to perform basic movements with the arm but might struggle with tasks requiring fine motor skills (such as writing, tying shoelaces, or buttoning buttons) or exertion of force (such as swinging a baseball bat or pushing a heavy box).
Moderate Erb’s Palsy
Moderate cases of Erb’s palsy involve more significant weakness or even paralysis of the arm. An individual may have difficulty moving the affected arm and experience muscle atrophy due to lack of use. The impact of moderate cases of Erb’s palsy often extends beyond physical limitations. People may experience emotional and social challenges due to their condition, including feelings of frustration, self-consciousness, or isolation. Tasks of daily living that many of us take for granted, such as dressing, eating, or grooming, may require significant effort and assistance.
Severe Erb’s Palsy
Severe cases result in extensive paralysis of the arm, with little to no movement or sensation. The affected arm may hang limply at the side, and attempts to move it may result in minimal or no response. Sensation in the affected arm may also be greatly diminished or absent, meaning the individual may not be able to feel touch, pressure, or pain in the arm.
Severe Erb’s palsy can cause muscle wasting, which means the muscles in the affected arm gradually become smaller and weaker. This happens because the arm doesn’t move much, so the muscles don’t get enough exercise. As a result, the affected arm might look smaller and feel softer than the other arm.
Having severe Erb’s palsy goes beyond physical problems. It can impact a person’s life, making everyday tasks, like getting dressed or doing chores, much harder. Plus, it might make it tough to take part in social activities, and because of their condition, they might struggle with how they see themselves.
How Can a Doctor Be Found Liable for Medical Malpractice in an Erb’s Palsy Case?
Doctors may be held liable for Erb’s palsy if medical negligence or malpractice occurred during the childbirth process, leading to the injury. Some common reasons why doctors may be found liable include:
- Improper Delivery Techniques: If the doctor uses excessive force or improper delivery techniques, such as excessive pulling or twisting of the infant’s head and neck during delivery, it can result in nerve damage, leading to Erb’s palsy.
- Failure to Identify Risk Factors: Doctors have a duty to identify risk factors that may increase the likelihood of Erb’s palsy, such as macrosomia (a large baby), breech presentation, or shoulder dystocia – wherein an infant’s shoulder becomes lodged behind the mother’s pubic bone, and take appropriate precautions to minimize the risk of a child’s injury.
- Delayed or Incorrect Diagnosis: Failure to promptly diagnose and address complications during labor and delivery, such as shoulder dystocia, can lead to nerve damage and Erb’s palsy.
- Inadequate Monitoring: Doctors are responsible for closely monitoring the progress of labor and delivery to detect any risk factors or signs of fetal distress or complications that could lead to Erb’s palsy. Failure to do so may constitute medical negligence.
- Failure to Perform a Timely Cesarean Section: In cases where vaginal delivery poses risks to the baby, such as shoulder dystocia or prolonged labor, doctors must consider performing a timely cesarean section to prevent birth injuries like Erb’s palsy.
- If a doctor doesn’t meet the standard of care expected, which leads to harm to the baby and Erb’s palsy, they could be sued for medical malpractice. In these situations, families can take legal action to get compensation for the damages and losses caused by the doctor’s mistakes.
- Standard of Care: A doctor’s standard of care refers to the skill, expertise, and diligence level another medical professional would provide under similar circumstances. It encompasses the accepted practices and protocols within the medical community for diagnosing, treating, and managing patients’ conditions.
Essentially, it’s the level of care that patients have the right to expect from their healthcare providers.
If a doctor fails to meet this standard and causes harm to a patient, they may be considered negligent and liable for medical malpractice. Likewise, the injured victim is due compensation for the wrongdoing of medical professionals. Financial compensation will not right any wrongs, but it can help ease the burden of costly difficulties associated with a birth injury like Erb’s palsy.
What is the Average Erb’s Palsy Lawsuit Settlement Amount?
The average settlement amount for an Erb’s Palsy lawsuit in Philadelphia, PA, or any other location, can vary widely depending on various factors such as the severity of the injury, the extent of medical expenses, lost wages, pain and suffering, legal representation, and the specifics of each case.
Erb’s palsy lawsuits typically seek compensation for the following:
- Medical Expenses: This includes the costs associated with medical treatment that require surgery or other medical intervention, hospital stays, doctor visits, medication, therapy (physical, occupational, and/or speech), and any future medical expenses related to Erb’s palsy and medical malpractice.
- Pain and Suffering: Compensation may be awarded for the physical pain and emotional distress experienced due to the injury. This can include both past and future pain and suffering.
- Lost Wages: If the medical malpractice injury has caused the affected individual or their family members to miss work or experience a loss of earning capacity, compensation may be provided for lost wages, including current and future income.
- Disability and Impairment: Compensation may be awarded for any permanent disability or impairment resulting from the medical malpractice injury, which can affect the individual’s ability to work, perform daily activities, have normal motor function, and enjoy life to the fullest.
- Rehabilitation and Therapy Costs: This includes expenses for ongoing rehabilitation, physical therapy, or counseling needed to improve function, adapt to disabilities, and maximize quality of life.
- Home Modifications and Assistive Devices: If the injury necessitates modifications to the home or the purchase of assistive devices to improve mobility and independence, compensation may be provided to cover these expenses.
- Loss of Enjoyment of Life: Compensation may be awarded for the loss of enjoyment of life resulting from the injury, including the inability to participate in activities and hobbies that were enjoyed before the injury.
- Caregiver Expenses: If the injury requires ongoing care or assistance with daily activities, compensation may be provided to cover the costs of hiring caregivers or family members to assist.
Settlement amounts can range from thousands to millions of dollars, depending on the circumstances of the case and the negotiations between the parties involved.
What to Expect When Working With a Philadelphia Erb’s Palsy Attorney
Investigation and Evaluation: Once you hire an attorney to represent you, they will thoroughly investigate your case. This may involve reviewing medical records, consulting with medical experts to evaluate the extent of the injury and its impact, and gathering evidence to support your possible medical malpractice case.
Legal Strategy Development: Based on the findings of their investigation, the attorney will develop a legal strategy tailored to the specific circumstances of your case. This strategy may include identifying potential defendants, assessing liability, and determining the appropriate legal theories to pursue.
Filing a Lawsuit: If it is determined that legal action is warranted, the attorney will file a lawsuit on your behalf. This initiates the formal legal process and sets the stage for further proceedings.
Discovery: During the discovery phase, both parties exchange relevant information and evidence related to the case. This may include documents, witness testimony, expert reports, and other evidence that will be used to support each side’s arguments.
Negotiation: In many cases, Erb’s palsy lawsuits are resolved through negotiation rather than going to trial. Your attorney will negotiate with the other party and their insurance company to reach a settlement agreement that provides you with fair compensation.
Trial: The case may proceed to trial if a settlement cannot be reached through negotiation. During the trial, both parties present their arguments and evidence to a judge and/or jury, who will ultimately determine the case’s outcome.
Throughout these steps, your attorney should offer guidance, advocacy, and support, striving for the best possible outcome while ensuring your rights are upheld.
Contact Munley Law Personal Injury Attorneys For An Erb’s Palsy Consultation
Contacting Munley Law Personal Injury Attorneys for an Erb’s Palsy consultation offers several benefits. With our expertise in personal injury law, particularly in cases like Erb’s Palsy, our attorneys can provide tailored advice and guidance based on the specifics of your situation.
Free Consultation
During your free no-obligation consultation with one of our Philadelphia Erb’s Palsy lawyers, we can evaluate your case, including the extent of the injury and potential legal options available to you, helping you understand the strength of your case and the likelihood of obtaining compensation.
If you decide to proceed with legal action, the Philadelphia Erb’s palsy lawyers at Munley Law can represent you throughout the process, advocating for your rights and working to secure the compensation you deserve.
Additionally, our Philadelphia Erb’s palsy lawyers work on a contingency fee basis, meaning you won’t have to pay any upfront fees, making our legal representation of you more accessible.
Overall, contacting Munley Law for an Erb’s palsy consultation can give you the legal expertise, support, and representation needed to pursue justice and fair compensation for your birth injury case.
Call Munley Law for your free initial consultation today.
Philadelphia Practice Areas
Munley Law Personal Injury Attorneys
1617 John F Kennedy Blvd
Suite 1690,
Philadelphia, PA 19103
(215) 515-7747
