Erb’s Palsy Lawyer

When you deliver a new baby, it is natural to think of all the wonderful possibilities that lie ahead. However, if your baby is born with Erb’s palsy (sometimes called Erb-Duchenne paralysis) — a nerve condition that makes it difficult to use the arm or hand — those possibilities may be limited from the start. What makes this all the more tragic is that Erb’s palsy is preventable. It typically happens when a child’s shoulder is injured during birth. In some cases, the condition will resolve on its own, but in others, it may be long-lasting or even permanent. If your child has this condition, an Erb’s palsy lawyer may be able to help you recover the compensation you need to get your child the best possible medical care and maximize their chances of recovery.

Erb’s palsy is a serious medical condition. If it does not resolve on its own, it may leave your child unable to use their arm and hand for the rest of their life. The right medical care — including physical therapy, medication, and sometimes even surgery — may be able to restore function or at least minimize the damage.

When Erb’s Palsy Is the Result of Medical Negligence

Medical negligence and medical malpractice are often responsible for a baby’s being born with Erb’s palsy. This condition happens when the brachial plexus nerves (nerves that connect the spine to the arm) are stretched or torn because of stress on the neck or shoulders. These are some common medically negligent accidents that can cause Erb’s palsy:

Excessive Force

Any Erb’s palsy lawyer will tell you that many cases happen when a baby gets stuck during a natural delivery. If a medical practitioner pulls too hard on the neck, head, arm, or shoulder, the baby’s nerves might become severely damaged.

Not Ordering a C-Section When Necessary

Experienced medical professionals should be able to foresee when a difficult delivery is going to cause harm to the baby or mother. In some instances, the doctor overseeing your delivery might be liable if they failed to order a C-section that would have prevented the nerve damage from happening in the first place.

Using Forceps or Tools Incorrectly

Professionals working in labor and delivery have many different tools at their disposal. When used properly, these tools make the birthing experience safer for the mother and baby. However, when they are used incorrectly, they can cause serious injuries, including Erb’s palsy.

Not Informing You of Risks or Problems

Medical professionals are obligated to make sure you understand the risks associated with different birth options. If you were not informed of the risks that come with each birth option (or if your physician did not realize your chosen birth plan came with very high risks), the hospital or individual doctor may be legally liable.

Similarly, if your baby is seriously hurt during delivery and your medical team doesn’t notice (or deliberately does not tell you), you may have a strong case. Prompt treatment is essential if you want to minimize the damage and increase your child’s chance of recovery, and by not informing you, the hospital delayed treatment.

How an Erb’s Palsy Lawyer Can Help

Your Family Needs a Fierce Advocate

Like any other kind of personal injury case, birth injury cases are almost always more complex than they seem. If we take your case, we will make sure you stay informed at every step. Here’s an overview of our process so you can learn how our firm may be able to help your family.

Determine Whether Medical Negligence Was a Contributing Factor

Not all injuries that happen in medical settings are the result of substandard care. Medical malpractice and birth injury lawsuits are notoriously difficult to prove and win, so when you book a free consultation with us, the first thing we will do is discuss the facts of your case to determine whether medical negligence caused your child’s Erb’s palsy.

Few things are as important as ensuring your child gets the right start in life. If Erb’s palsy is already part of that start, Cava Law Firm may be able to help. Call us at (413) 737-3430 or (413) 781-CAVA (2282) to speak with a Springfield Erb’s palsy lawyer.

Help You Decide Whether Pursuing Legal Action Is the Right Choice

Legal action can be daunting, exhausting, and upsetting — particularly if it involves your child. In talking with you, we can help you determine whether legal action is the best way to improve your circumstances. For example, you may already know that for most kinds of personal injury and birth injury lawsuits, you must be able to demonstrate that you suffered some kind of monetary loss in order to secure compensation. If Erb’s palsy resulted in your child’s needing costly medical care, you might determine that filing a lawsuit is the best way to cover the expenses. However, if your child had a mild case of the condition that resolved on its own, you may not have any significant monetary losses to recoup.

Build Your Case

If we agree that pursuing legal action is the most logical choice for your family, our Massachusetts Erb’s palsy lawyers will get to work putting together a case. We will conduct extensive research, but if you have existing documentation or information, we will ask you to share it with us. This documentation can include:

• Hospital records;
• Any incident reports;
• Medical records of any post-birth care;
• Medical bills;
• Receipts for medications and other related expenses;
• Photos or videos showing your child’s limited range of motion; and
• Written logs or journals detailing how the injury impacts your child.

The process of building a case can be a lengthy one. However, when it comes to birth injury lawsuits, having a very detailed case can substantially improve your chances of winning. Our team will regularly update you to make sure you always know the status of your case.

File a Lawsuit

Once our birth injury lawyers have assembled all necessary documentation and built a strong case, we will file a lawsuit on your child’s behalf.

Negotiate a Settlement

Personal and birth injury lawsuits do not go straight to the courtroom. Many of them are settled outside of court, which means that you and the other side agree on a set amount to be paid to you. In exchange for receiving the payment, you agree to drop the lawsuit. Settling your case is often preferable because it helps avoid the stress, time, and uncertainty that come with a trial. It also means that you receive compensation sooner, which can be critically important if you are struggling to keep up with your child’s medical bills or other expenses.

Represent You in Court

In a minority of cases, it might prove to be impossible to reach a settlement agreement with the other side. The hospital or medical practice in question may offer an amount that is too low to be acceptable. It also may refuse to settle because it believes it committed no wrongdoing. In this situation, we are prepared to take your case to court.

The courtroom procedure for a civil lawsuit is called a civil trial. A civil trial works similarly to a criminal trial — both sides present evidence, and a judge or jury then decides the outcome. However, instead of deciding whether the other party is guilty of a crime, the court decides whether the other party is liable for your baby’s injuries. If the court rules in your favor, the other party will be ordered to pay you a certain amount of money.

FAQs

Many parents whose children are impacted by Erb’s palsy are not familiar with the condition (or with the legal system). Understandably, many of our clients whose children have suffered this birth injury come to us with questions. These are some of the questions they commonly ask our Springfield Erb’s palsy lawyers:

What causes Erb’s palsy?

In newborns, Erb’s palsy is caused by an injury to the nerves that connect the spine to the arm. This kind of injury often happens when a baby becomes stuck during delivery and needs to be pulled out. In some cases, medical negligence may be a contributing factor.

Why does seeking compensation matter?

If Erb’s palsy does not go away on its own, your child will likely need medical treatment. These treatments can include physical therapy, injections, and even surgery. Compensation can help you cover the cost of treatment as well as make up for lost income and other expenses you might incur during the treatment process.

How much is my child’s case worth?

Many variables go into the valuation of any birth injury case. The only way to get an accurate idea of possible compensation is to consult with a Massachusetts Erb’s palsy lawyer.

Is it expensive to work with you?

Like most Springfield birth injury lawyers, we work on contingency. This means that we only get paid if you do. If we win your case, you pay us a percentage of the recovered compensation. Initial consultations are free, and if we take your case, we will discuss payments in more detail at our first meeting.

We understand that helping your newborn child cope with a devastating injury is painful and difficult. Do not hesitate to reach out with any other questions you may have. At Cava Law Firm, we have extensive experience representing parents of children with birth injuries, and we are here to offer you the support and guidance you need.

Why Choose Us?

Winning Is NO Accident!

If your child has suffered a life-altering injury like Erb’s palsy, the kind of legal representation you secure matters. At Cava Law Firm, we have more than 25 years of experience helping injured people — and parents of injured children — secure the compensation they need to ensure a better quality of life. Our firm gets results, and if we take your case, we will put our experience to work to seek justice for your family and keep your child’s future as bright as possible.

Our Springfield Erb’s palsy attorneys are ready to help. If your child was born with Erb’s palsy, call us right away at (413) 737-3430 or (413) 781-CAVA (2282) to set up your free consultation.