Erbs Palsy can result in severe disability and is caused by injury to the nervous system which may be as a result of medical negligence that allowed the child to be subjected to excessive trauma during delivery. The condition is caused by an injury to the brachial plexus, which is a network of nerves that run from the spine to the tips of the fingers. Children with brachial plexus injuries are affected in different ways:
Some children with Erbs Palsy have no muscle control and no feeling in the arm or hand. Some children can move their arms, but have little control over the wrist and hand. Other children can use their hands well but cannot use the shoulder or elbow muscles.
One or more of the nerves in the brachial plexus may be injured and the nerves may have the same or different injuries. Different injuries may cause the same symptoms and it is difficult to know what kind of injury has occurred. There are four types of brachial plexus (Erbs Palsy) injuries:
An avulsion: the nerve is torn from the spine.
A rupture: the nerve is torn but not where it attaches to the spine.
A neuroma: occurs where scar tissue has grown around the injury putting pressure on the nerve resulting in reduction of signals to the muscles.
Praxis: the nerve has been damaged but not torn. These injuries usually heal on their own within 3 months.
Known and recognized risk-factors associated with erbs palsy/brachial plexus injuries exist and failure by medical personelle to recognize these risk-factors and act appropriately often leads to a finding of medical negligence. Risk-factors recognized to predispose a child to Erbs Palsy/Brachial Plexus includes:
Failure to estimate the baby's weight before delivery.
Failure to perform a caesarean section.
Failure to diagnose and treat maternal diabetes.
Failure to inform of the risks in vaginal delivery of a large baby.
Failure to follow established methods to manage shoulder dystocia.
Applying unnecessary and excessive force during the delivery.
Most children qualify for legal compensation. Parents income is NOT a consideration for qualification, only the childs income is considered.
If you think your child is suffering from Erbs Palsy / Brachial Plexus due to medical negligence you should seek legal advice from an expert. You can reach me, attorney Jason A. Waechter by calling (800) 708-5433 or use my website contact form (located on the right side of this web page) to send me your case information.
*These victories are settlements, awards, or trial verdicts. They are by our firm, our referral attorneys, and/or associate firms we deal with for birth injury cases.
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