Can Erbs Palsy Attorney Help My Family?
Erbs Palsy, also known as Brachial Palsy, usually takes place during a difficult labor and delivery
, and is caused by trauma to the infants shoulder. Since the condition is preventable, many parents do not find out about it from their physicians since admitting to the mistake may make them liable for medical malpractice. An Erbs Palsy attorney can review the pertinent medical and hospital records and let you know if you and your child may be entitled to damages. Here are some important points to consider:a. Erbs Palsy takes place during problematic labor and delivery
Your physician has the ability to estimate the babys size from several sources. He can take a sonogram to measure the weight, review mothers prior history of delivering large babies and account for the womans significant weight gain during pregnancy. Since Erbs Palsy takes place when the babys shoulder becomes stuck during the delivery, often due to babys large size, deciding to do a C-section is often the way to avoid Brachial Palsy. Otherwise the health care professional runs the risk of being unable to extract the rest of the baby after the head comes out, causing him or her to panic and perform unsafe maneuvers of stretching the babys head, leading to severe shoulder trauma. Erbs palsy attorneys are experienced in recognizing, by reading the hospital records, if the brachial plexus was unreasonably stretched leading to Erbs Palsy.
b. How severe is this condition?
Erbs Palsy can manifest in a variety of way; paralysis of shoulder, being unable to feel the shoulder (or numbness), being unable to bear weight to the shoulder and even stunted growth of the infants arm and hand. Children affected by this condition require often lifelong physical and rehabilitative therapy, additional surgeries and psychological counseling to deal with the emotional effects of Erbs Palsy. Many families struggle to pay for the childs long-term medical needs and should consult with an Erbs Palsy attorney to see if the damages for pain and suffering, loss of future earning capacity, loss of enjoyment of life and medical bills could be recovered.
c. Is Erbs Palsy caused by malpractice?
Physicians and nurses are trained in being able to manipulate the baby to safely release the shoulder and allow the rest of the baby to be delivered. However, in case of emergency, some obstetricians panic and start pulling the babys head causing the brachial plexus to stretch - leading to the shoulder dystocia. The excessive pulling results in nerve damage that can range from bruising to a complete tear from the spinal canal in severity. The issue is that Erbs Palsy could have been avoided if the physician a) stayed calmed and performed the prescribed maneuvers to safely deliver the baby or b) taken the fetuss size into account and proceeded with a C-section as opposed to vaginal delivery. The doctors preventable mistake may give rise to medical malpractice, and an Erbs Palsy attorney is in the best position to thoroughly evaluate the circumstances surrounding each case and decide if there is a viable cause of action against the obstetrician.
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