Pennsylvania Child Disability Lawyers

Erb's Palsy

Erb's Palsy is a medical condition that is characterized by paralysis of the arm and most commonly affects infants due to a shoulder dystocia birth injury. Erb's Palsy can develop after the upper group of an infant's arm's main nerves is injured. These nerves may become severed if damage is done to the trunk of the brachial plexus, which originates from the spinal C5 and C6 nerve roots.

Nerve damage causing Erb's Palsy can be caused by excessive pulling on the infant's shoulders during a head-first delivery; pressure on the raised arms during a feet-first or breech delivery; or if the infant's head and neck are pulled toward the side simultaneously when the shoulders pass through the birth canal. Depending on the severity of the nerve damage, infant paralysis can either heal on its own over the course of months, or it can cause an infant to lose full function in their arm or develop arthritis.

While every child disability and medical malpractice case in Pennsylvania is different, some parents whose child has suffered Erb's Palsy due to a birth injury can sue a doctor, nurse, medical professional, or hospital. But before filing suit a detailed investigation must take place to determine who may have been negligent and thus responsible for the child's injury during the birthing process. If your child's Erb's Palsy is a result of a birth injury and you wish to pursue compensation from possibly negligent parties by suing your doctor or any others involved, consider first consulting an experienced Erb's Palsy and child disability lawyer who can conduct the detailed investigation needed to protect your rights.

How long does it take for an Erb's Palsy case?

The circumstances surrounding an infant's birth injury and Erb's Palsy, as well as how many parties are involved can influence the duration of the case in addition to other factors. Most cases last a number of years. It is often important for parents of an infant who has suffered a brachial plexus birth injury to obtain justice as soon as possible in order to have sufficient funds to pay for additional therapies needed to improve the child's medical condition and to improve the quality of life of the injured child. Even so, an Erb's Palsy case should not be rushed since doing so could jeopardize the outcome.

What needs to happen to win an Erb's Palsy lawsuit?

Winning an Erb's Palsy lawsuit starts with acquiring the counsel who needs to order the relevant medical records and then have those records reviewed by doctors who can determine whether or not the hospital and the doctors involved in the delivery acted within the accepted standards of medical care. After this, a complaint can be prepared that is then filed with the court, often along with the opinion of the reviewing doctor. Thereafter, the parties begin a process called “discovery” where documents are exchanged and questions can be asked of witnesses. In addition, each side may retain experts to review the records and the answers to the questions, and can then render an opinion on whether the doctors or hospital acted negligently. After this, the case is either set for a trial date, settled, or discontinued – depending on whether the facts show that the doctor or hospital acted negligently.

To learn more about how an Erb's Palsy birth injury attorney can help you and your family during this challenging time, contact the personal injury law firm of Anapol Schwartz. We will protect your rights and can help you obtain full compensation so that you and your family can move on with your lives.

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