Erb’s palsy is a birth injury that affects the brachial plexus, a bundle of nerves that sends messages from the brain to the arms and hands. This condition can cause weakness or paralysis of the shoulders and upper arms. Symptoms can include limited movement and loss of sensation in the limbs. Those born with Erb’s palsy may face significant difficulties in life, which is why so many people pursue legal action to secure compensation for ongoing care and financial expenses.
Families may benefit from consulting an experienced birth injury attorney. If your child was diagnosed with Erb’s palsy due to a preventable birth injury, a North Miami Erb’s palsy lawyer can help you understand your legal options.
Many of the common causes of Erb’s palsy result from labor and delivery. For instance, the condition can be caused by excessive force during birth, misused forceps, or vacuum extraction. Failing to identify and manage the issue can also make the condition worse. Doctors are supposed to monitor signs that could lead to risk factors, which include increased birth weight. These signs include breech birth, gestational diabetes, and prolonged labor.
If a provider failed to recommend a C-section for a breech baby and the child suffered nerve damage during vaginal delivery, Erb’s palsy may be linked to medical negligence. Florida defines medical malpractice as a deviation from accepted medical standards. Signs that negligence may have occurred include improper delivery techniques and failure to monitor fetal positioning. An attorney in North Miami could help a family determine if negligence was involved in an Erb’s palsy injury.
Erb’s palsy can have several long-term impacts, including those linked to muscle development, daily function and motor skills, emotional development, and psychological health. This also means that the condition comes with financial implications, which include physical therapy, ongoing surgeries, assistive devices, and lifelong care. These expenses may prompt a family to file a birth injury claim.
One key element to keep in mind regarding birth injury claims is the statute of limitations. In Florida, victims of medical negligence typically have two years from the discovery of the injury to file a claim. This can be extended in cases that involve minors. No matter the case, early action and proper documentation are crucial to maintaining evidence. A North Miami lawyer could ensure an Erb’s palsy claim is filed on time.
Victims of birth injuries resulting in Erb’s palsy may be able to recover a variety of expenses. Possible damages include past and future medical expenses and the costs associated with permanent disability. A successful claim may recover pain and suffering as well as parental lost income and other out-of-pocket expenses. For instance, a lawyer could help a family recover the cost of multiple surgeries and years of physical therapy.
An Erb’s palsy lawyer in North Miami can investigate medical records and decisions made by a healthcare provider. They can consult with medical experts and calculate both current and future damages. Lawyers will make attempts to negotiate early on, but they are also willing to take a case to court if necessary.
An experienced attorney understands the emotional, physical, and financial burdens that families face. A lawyer can work hard to secure compensation that reflects the scope of a child’s needs. Local attorneys are familiar with local hospitals and providers. They are also familiar with Florida-specific birth injury laws.
Families have legal rights if medical negligence led to Erb’s palsy. Contact a North Miami Erb’s palsy lawyer today to get compassionate support and legal guidance.
(305) 876-6001