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Erb's Palsy Lawyer

A child’s birth should be a cause for celebration. However, it is important to remember that a birth can be dangerous for an infant. Complications during birth can lead to severe injuries that require extensive medical care and affect that child’s quality of life. Medical providers must do all they can to prevent these injuries. Sadly, failures to do so are common and may amount to medical malpractice.

One common example of birth injuries is Erb’s palsy. This condition may affect a child’s ability to move their shoulders and arms. An Ohio Erb’s palsy lawyer could help make the connection between your child’s condition and a failure by doctors and nurses to keep your child safe. A birth injury attorney is ready to help you through a claim.

Baby born with erb's palsy from a birth injury

Erb’s Palsy as a Birth Injury

A birth can be a traumatizing event. Even in the best circumstances, a child’s shoulders must squeeze through an opening that is barely large enough. It is no surprise that this motion can strain a child’s neck and shoulders significantly.

Doctors and nurses should be prepared for this situation. Even so, nerve damage to shoulders, arms, and necks can result in a loss of muscle function in these areas. In extreme examples, this can even cause a child to suffer paralysis.

When this paralysis affects a child’s shoulders, arms, or legs, this condition is Erb’s palsy. This damage often results from a doctor moving the infant’s head to make room for delivery. As a result, Erb’s palsy is a common birth defect in area hospitals. An Erb’s palsy attorney could provide further information about this condition and how it may affect a child’s present and future.

Connecting an Erb’s Palsy Diagnosis to Medical Malpractice

As unfortunate as an Erb’s palsy diagnosis can be, it is never definitive proof that medical malpractice occurred. Medical malpractice is a legal concept that places the burden of proof on injured patients and their parents.

Medical malpractice occurs when a medical provider fails to provide care that meets the appropriate standard. Doctors, nurses, and other practitioners must properly diagnose conditions, assess risk factors, and perform procedures correctly. A birth injury like Erb’s palsy may fit this definition when a doctor fails to take appropriate caution during a birth.

An Erb’s palsy lawyer could help prove medical malpractice was the source of a child’s injuries. This includes performing an initial evaluation of the medical records, hiring experts to review the case, and determining how the event has affected a child’s past health and future potential for a healthy life.

It is vital to make this determination quickly. Ohio Revised Code § 2305.113 says parents may have as short as one year after a diagnosis to demand compensation from negligent doctors, nurses, and hospitals. Contacting a legal representative now gives them the best opportunity to provide effective help.

Reach Out to an Erb’s Palsy Attorney Today

Erb’s palsy is a frequent birth complication that affects a child’s ability to use their shoulder, arms, or hands. This often results from dangerous birthing practices where a doctor turns a child’s head to aid in delivery. This may cause direct damage to the nerves in the neck that allow the child to use their arms.

In some examples, an Erb’s palsy diagnosis may result from medical malpractice. An Erb’s palsy lawyer could help determine if this is the case. When it is, Tittle & Perlmuter is prepared to represent your child’s interests and seek the compensation they deserve. Speak with our team now to learn more.