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Erb’s Palsy: Exploring Its Causes and Legal Recourses

Erb’s Paralysis, or Erb-Duchenne Palsy, A Paralysis of the Upper Brachial Plexus nerves. A brachial plexus is a group of nerves that starts from the neck passes through to reach the arm and controls movement and sensation in the shoulder, arm, and hand. In this instance, the upper brachial plexus nerves C5 and C6 are primarily involved in Erb’s palsy.

In most cases, Erb’s palsy develops from the overstretching or trauma that affects the brachial plexus at birth. This happens when the baby sustains an injury on his/her head and neck from the force used in delivering him/her, especially in a case where the shoulder becomes trapped by the mother’s pelvic bone.

What Are The Legal Options Of Erb’s Palsy?

In cases where the injury could have been avoided, or it was a result of medical negligence during childbirth, families with children facing Erb’s palsy can pursue legal means. Legal options may include:

  • Medical Malpractice Lawsuit: If it can be proven that the healthcare provider was negligent in doing something such as misusing forceps, vacuum extraction, or using too much force in delivering the baby and this negligence caused brachial plexus injury leading to Erb’s palsy, then a medical malpractice lawsuit may be filed. To win a medical malpractice case, you ordinarily have to show that the healthcare provider violated the standard of care and that this led directly to your injury.
  • Negligence Claims: Other parties may be held liable for negligence, including healthcare providers in the delivery institution if the whole delivery process of a child causes harm to him/her.
  • Birth Injury Lawsuits: Erb’s palsy can be part of birth injury lawsuits that are associated with any other injury or trauma to the baby during delivery. Such lawsuits may include claims for recuperation bills, medical charges, pain and suffering, etc.
  • Legal Consultation: It is important to obtain an experienced medical malpractice lawyer who can assess your case, offer legal assistance, and help you navigate through the legal proceedings. They will assist you in establishing the validity of your claim and then proceed to practically open a solid case on your behalf.
  • Statute of Limitations: Remember that medical malpractice cases must be filed within a particular period and this is referred to as the statute of limitations. Since these limits depend on jurisdiction, you must act quickly.

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