Kansas City Erb’s Palsy Lawyers
After an Erb’s palsy diagnosis, it is important to consider whether you received proper care during labor and delivery.
If a mistake or negligence caused your child’s condition, an experienced Kansas City Erb’s Palsy Lawyer will help hold the negligent medical professional accountable.
Pursuing financial compensation for Erb’s palsy claims requires extensive resources, nuanced knowledge of the law, and medical expertise.
The attorneys at Dempsey Kingsland & Osteen are widely known for excelling in medical malpractice claims. They offer a dedicated, in-house medical team that other firms can’t provide.
Free consultation! Contact via online form or call (816) 484-3776 immediately so that our Kansas City Erb’s Palsy lawyers can preserve evidence and witness statements critical to your case.contact us
What Is Erb’s Palsy?
Erb’s palsy is a nerve condition in the shoulder and arm that results in weakness or loss of muscle function.
Specifically, the condition involves the brachial plexus—a group of five nerves that connect the spine to the arm and hand. Erb’s palsy is the most common type of brachial plexus palsy.
The nerves in your brachial plexus allow your shoulder, arms, and hands to feel and move. If these nerves don’t work well due to stretching or tearing, the condition is called brachial plexus palsy.
Newborns sometimes develop Erb’s palsy during a difficult vaginal childbirth or a C-section.
During delivery, the healthcare provider may have to move a baby’s head to one side to make room for the delivery of their shoulders.
Stretching the nerves may cause damage, possibly even tears. This type of Erb’s palsy is also called a brachial plexus birth palsy, obstetric brachial plexus palsy, or brachial plexus birth injury.
Do I Have an Erb’s Palsy Lawsuit?
An Erb’s palsy lawsuit is a form of legal action brought by parents or other family members of children affected by the condition.
These lawsuits are typically filed against doctors or hospitals since Erb’s palsy often stems from preventable nerve damage during birth.
An Erb’s palsy lawsuit can provide financial compensation to help families afford treatment for a baby’s injury.
Examples of medical malpractice that may result in brachial plexus injury include:
- Improper use of forceps or vacuum extractor,
- Excessive force while using forceps or vacuum extractor,
- Pulling a baby’s head and neck as the shoulders pass through the birth canal,
- Pulling a baby’s shoulders or arms during a head-first delivery,
- Pulling a baby’s feet during a breech delivery, and
- Failing to recommend a C-section during a high-risk pregnancy.
When investigating an Erb’s palsy claim, we will consider whether the medical professional acted as a reasonable medical professional would have in the same or similar situation and whether their actions caused the brachial plexus injury.
It is important to note that linking Erb’s palsy to medical malpractice is not always possible.
A meticulous investigation, careful preparation, and presentation of evidence by expert witnesses will be necessary to identify and prove fault.
Can I Receive an Erb’s Palsy Settlement?
Depending on the severity of a child’s injury, Erb’s palsy may cause long-term or permanent disability and a lifetime of medical expenses and other consequences.
Legal action may help ensure that a family can pay for their child’s treatment with financial compensation. Erb’s palsy lawsuits award compensation based on:
- Costs related to therapy, adaptive equipment, counseling, and surgery;
- Lost wages if a family member had to quit their job to care for the child; and
- Compensation for emotional distress, pain and suffering, or loss of companionship.
Erb’s palsy lawsuits can also bring families a sense of closure. Parents of children with Erb’s palsy often feel distraught when learning that proper medical care might have prevented their child’s injury.
A family may feel a sense of justice if the lawsuit concludes in settlement or a with a favorable jury verdict.
Find Out If You Need an Erb’s Palsy Lawyer
We offer free consultations, including evening and weekend appointments. We will carefully examine how this injury affected your child and family.