Modern science has greatly improved the abilities of doctors and midwives to ensure the process of childbirth goes smoothly for both mother and child. Unfortunately, if medical negligence occurs during this extremely sensitive procedure, it could result in life-altering harm to a newborn child in the form of Erb’s Palsy.
This debilitating condition affects about one of every 500 babies born in the United States, and if this condition occurs, it is important that the family gets answers as to whether or not the injury occurred because of negligence by a healthcare professional. If you believe your child’s struggles with motor or sensory function in their arms and extremities are due to reckless or careless treatment you received during childbirth, you may want to talk to a Bloomington Erb’s Palsy lawyer about the potential for pursuing a claim. A dedicated birth injury attorney could provide essential legal guidance.
What Is Erb’s Palsy?
The condition known as Erb’s Palsy stems from an injury to the brachial plexus, a part of the nervous system located in the shoulders that transmits signals between the brain and the arms. Damage to the brachial plexus inhibits the brain’s ability to communicate with the arms and hands, resulting in loss of motor function and sensation, difficulty gripping objects, developmental delays in the muscular and circulatory systems, and even paralysis.
Injuries during childbirth are one of the most common causes of Erb’s Palsy, especially when there are medical complications during the process that obstruct the baby from exiting the birth canal. If a doctor, nurse, or technician helping with the birthing process is not careful when applying pressure or suction to assist with delivery, they could cause irreplaceable harm to the infant’s nervous system, resulting in the kinds of lifelong difficulties and disabilities related to Erb’s Palsy.
Pursuing Civil Compensation after an Erb’s Palsy Diagnosis
After seeking a formal medical diagnosis to confirm that a child’s muscular issues stem from Erb’s Palsy, the next step to recovering compensation through a civil claim is identifying who may be to blame for that condition and what specific action or inaction directly caused that injury. In addition to mistakes during delivery and misuse of tools like vacuum extractors and forceps, Erb’s Palsy can also sometimes stem from mistreatment during pregnancy, such as a doctor failing to perform a third-trimester ultrasound or not taking a mother’s medical history into account to ensure the safest and simplest delivery possible.
If the parents of a child with Erb’s Palsy can prove that their infant’s condition stems directly from recklessness or carelessness by a healthcare practitioner, they may have grounds to hold that specific professional or the facility that employed them liable for every form of harm their child’s injury has already caused and will cause in the future. As an Erb’s Palsy lawyer in Bloomington could explain further, this may include obtaining funds to provide for the child’s care, including medical expenses for rehabilitative treatment and surgeries, compensation for lost future earning capacity, lost enjoyment of life, and physical pain stemming from the condition.
Speak with a Bloomington Erb’s Palsy Attorney About Legal Options
Learning your child is suffering from Erb’s Palsy is a devastating experience, especially if you suspect their condition can be traced back to negligence by someone responsible for ensuring their safe delivery when they were born. Fortunately, you may have legal options in this kind of situation that may help you recover funds to provide for your child’s needs and help your child have the resources available to maximize their treatment options and opportunity to enjoy life.
A Bloomington Erb’s Palsy lawyer could help you get answers, and if it appears that carelessness or recklessness of a medical provider played a role in your child developing Erb’s Palsy, your lawyer could work to obtain compensation to help benefit your child. Call today for a free and confidential consultation.